Being charged with operating while intoxicated or driving under the influence (OWI/DUI) in Michigan can be a confusing and challenging time. Even the refusal of a chemical test or aggressive driving behaviors can result in additional DUI charges being filed against you. An individual can face a lot of uncertainty especially if they are not familiar with the process and do not have the help of an experienced OWI defense attorney.
At Michigan Defense Law, our team of experienced Oakland County DUI attorneys can help you understand your rights. Top-rated Michigan attorney Paul J. Tafelski has provided quality legal assistance and leveraged his considerable experience in helping clients achieve the best possible outcome in their cases. To learn more about how we can help you, contact Michigan Defense Law today at (248) 451-2200.
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Are you allowed to drive before being arraigned for an OWI/DUI?
When a person is arrested for a DUI in Michigan, depending on the circumstances of the arrest, the arresting officer may destroy their driver’s license and issue a temporary permit or paper license. This paper license is different from the regular driver’s license with the carrier’s photo but can nevertheless allow the holder to drive, under some restrictions.
A DI-177, also known as a Breath Blood or Urine Report Michigan Temporary Driving Permit is a document that would serve as your temporary driver’s license until you are convicted of the OWI or the case is dismissed. A DI-177 is only provided if the defendant agreed to a test allowing law enforcement to measure their BAC upon their arrest.
If the defendant refuses to be subject to the test, a DI-9 or Report of Refusal would be issued instead. While this document can still allow the defendant to drive, the permit is only valid for 14 days or until the defendant successfully wins an appeal hearing regarding the refusal charge.
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Michigan has adopted the implied consent law, meaning that people who apply for a driver’s license in Michigan are providing implied consent to submit to a chemical BAC test. When a person is arrested on suspicion of an impaired driving offense, they may be subject to additional penalties if they are found guilty of an OWI.
The issuance of a temporary license to the defendant would be immediately recorded on their driving record even before they are arraigned and even if they have not been convicted yet. Your record will already show that you have been arrested on suspicion of an impaired driving offense. This issuance affects drunk driving arrests and arrests for suspected driving under the influence of marijuana.
During the arraignment, the judge can impose some requirements regarding your driving privileges as part of your bond, but it is unlikely that the court will revoke or restrict your temporary license unless there are aggravating circumstances. These requirements can include the installation of a Breath Alcohol Ignition Interlock Device (BAIID) on any vehicle the defendant would be using. Such requirements will remain in place until sentencing but can be incorporated into the defendant’s probation requirements.
If the defendant pleads guilty to their OWI charges or is found guilty by the court, the Secretary of State would be mailing a notice regarding the sanction on the defendant’s driver’s license. This notice may be sent two weeks after the conviction and would reflect the result of the case. The document would serve as the defendant’s temporary license until the sanctions on their license have expired. Reinstatement of one’s driver’s license would require payment of a $125.00 fee to the Secretary of State. However, if the penalties upon conviction include revocation of the defendant’s license, they would not be able to receive a temporary license.
Being convicted of a DUI in Michigan can carry serious consequences. A person can face community service (WWAM), extensive fines, enrolment in treatment programs, and a possible prison sentence. A conviction can remain on your record and affect your personal relationships and career prospects. Working with an experienced Michigan DUI attorney can help you understand your rights.
At Michigan Defense Law, trial-ready attorney Paul J. Tafelski and his team of legal professionals may be able to assist by walking you through the legal processes involved in dealing with an OWI charge. We offer skilled legal representation and work thoroughly to investigate the circumstances of your case in order to determine the best course of action possible. Call us today at (248) 451-2200 to schedule a free consultation.
What is a Temporary License?
When a driver in Michigan is arrested for Operating While Intoxicated (OWI), their standard driver’s license is immediately confiscated by the arresting officer. Following state law, this license is destroyed. In its place, the driver is issued a temporary driving permit, commonly known as a paper license.
This temporary permit is not a lesser version of a driver’s license; it holds the same validity and driving privileges as the original license until the court makes a decision on the case. If a driver is subsequently found not guilty of the charges, they will be reissued a regular driver’s license. However, a guilty verdict will trigger a series of penalties, varying based on the individual’s OWI conviction history.
For a first OWI offense, the penalties include a six-month suspension of the driver’s license, with the first 30 days prohibiting any driving and the following five months allowing for restricted driving. A second offense within seven years results in a mandatory one-year revocation of the driver’s license, and a third offense within ten years leads to a five-year revocation.
It’s crucial to note that Michigan law does not provide temporary driving permits or restricted licenses for individuals with multiple OWI offenses. Therefore, a second-time offender will not be permitted to drive for an entire year. Following the revocation period, drivers may request a license restoration hearing, but these are challenging to navigate without legal assistance, and a failed hearing means waiting another year for a new chance.
The path to regaining a driver’s license after a revocation is only through a successful restoration hearing or, in rare instances, by completing sobriety court. If you’re facing license confiscation due to an OWI arrest, it’s imperative to seek counsel from a skilled DUI lawyer to understand your rights and minimize the impact on your driving privileges.
Driver’s License Status During the Course of the OWI Charge
As a recap, here is a short timeline of how a person’s driver’s license would be affected over the different stages of their OWI charge.
Immediately after an arrest
The arresting officer will confiscate your driver’s license and issue you a temporary license. If you submitted to a BAC test, they can provide you with a DI-177 you can use until your arraignment. If not, you will be given a DI-9 you can use for 14 days or until you have successfully appealed the refusal in a hearing. It is important to remember that the arrest would already be included in your driving record.
After Arraignment
The court can impose some sanctions on your driving privileges as a condition of your bond. This can include the installation of a BAIID and the payment of bail.
After Sentencing
If your trial results in a not guilty verdict, the court will restore your driving privileges and you will have your license reinstated.
If your OWI charges result in a guilty sentencing, you may be subject to the following penalties:
- First Offense
- Six months license suspension and a restriction from driving 30 days after the conviction
- Jail time of up to 93 days
- $100 to $500 in fines
- 45 days of community service
- Possible immobilization of your vehicle (subject to the judge’s discretion)
- Possible Installation of a BAIID as part of probation
- Second Offense
- Jail time of five days to one year
- Mandatory license revocation for a year
- $200 to $1,000 in fines
- Community service of 30 to 90 days
- Mandatory immobilization of your vehicle
- Possible Installation of a BAIID as part of probation
- Third and Subsequent Offenses
- Prison time of one to five years
- Mandatory license revocation for five years
- $500 to $5,000 in fines
- Probation with jail time of 30 days (up to a year)
- Community service of 60 to 180 days
- Mandatory immobilization of your vehicle (subject to the judge’s discretion)
- Possible installation of a BAIID as part of probation
| Stage | Driver’s License Status |
|---|---|
| Immediately after an arrest | License confiscated; Temporary license provided (DI-177 or DI-9) depending on BAC test submission or refusal. Arrest recorded in driving record. |
| After Arraignment | Possible sanctions imposed as a bond condition, such as BAIID installation and bail payment. |
| After Sentencing | If your trial results in a not guilty verdict, the court will restore your driving privileges, and you will have your license reinstated. |
The court can issue a restricted driving license to first-time offenders which the defendant can use for five months. However, the court will not issue a restricted or temporary license to individuals who are convicted of a second-offense OWI or any subsequent offenses. Additional and more severe penalties can be imposed for other impaired driving offenses, and the court will also consider any mitigating or aggravating circumstances regarding the case such as if the defendant injured another party while intoxicated.
After the revocation period, the defendant can have a restoration hearing in which they could petition the court to allow their driving privileges to be restored. These hearings can be notoriously difficult to win without the assistance of an experienced attorney and the defendant would have to wait another year if their request is denied.
It is strongly recommended to seek the help of an experienced Michigan OWI defense attorney who can help you understand your charges and the potential legal consequences of a conviction.
Paul J. Tafelski, an experienced Michigan criminal defense attorney, has helped numerous Michigan residents fight OWI charges and protect their driving privileges. Our team of skilled legal professionals at Michigan Defense Law may be able to assist you in making informed decisions about your case and help you achieve the best possible outcome. Contact us today at (248) 451-2200 to schedule a consultation.
