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Michigan DUI Attorney

A felony OWI might result in consequences such as loss of ability to possess a firearm, mandatory jail and the requirement on all job applications to divulge that the person had been convicted of a felony, along with licensing issues.

In regards to licensing, once someone had been convicted of a felony, many licensing organizations would have penalties, reviews and things like that that could come into play if the person was convicted of any felony.

Even though the crime may be the exact same thing as the first offense DUI, if it was a third or a subsequent offense and the person was convicted of a felony, then the ramifications would be much more serious and by extension, it would require them to fight the case far more seriously so they could try and avoid that felony if at all possible.

A DUI Conviction Might Affect Custody Arrangements Or A Pending Divorce Situation

It is not uncommon for one party to use a DUI against the other party in a divorce or custody situation. Many people tend to make allegations that the other party has a drinking problem and that they now have a DUI so they ended up in the court system.

The fact that the person had been arrested, prosecuted and charged with a DUI would leave negative presumptions in the family court, and those things could be fought and challenged but again, it would just leave the person open and vulnerable to accusations.

The other place this would come into play is if the person was convicted and they ended up with the restricted license. Someone who had been convicted of an OWI first offense would have a suspended license for 30 days and then a restricted license for 150 days.

Someone who had been convicted of the lesser “Operating While visibly impaired”, would have a restricted license for 90 days. A restricted license in Michigan would technically not allow the person to pick up their kids from school, take them to school, pick them up for parenting time, drive them to their extracurricular activities or anything like that.

It would only allow the person to drive for work purposes, for court purposes and for their own school purposes.

The spouse or ex-spouse could use that against the person in the sense they would no longer have the ability to transport those children as needed while their license was impaired. These things could get used against people in custody and divorce cases in a number of ways.

Scholarship Programs Or Acceptance To Colleges Would Be Somewhat Affected By A DUI Conviction

Typically, a conviction for a single misdemeanor, for a first offense or a second offense DUI, would not bar the student from eligibility for financial aid, although if they were convicted of a felony, then there would be much more wide-ranging implications with regard to student financial aid.

Individual scholarship programs would all be subject to their own rules and regulations, for example, an athlete would be on an athletic scholarship. If they got arrested and convicted of a crime, even a misdemeanor, then they could be subject to the loss of their scholarship depending upon the rules and regulations at the university.

This would not mean it would automatically happen, but it could be a situation where the person was subject to certain conditions and if there was already something against them or the university did not like the person, then the DUI charge could be the excuse they were looking for to get rid of the person.

Decisions regarding scholarships and admissions are all more or less based upon the individual institution, not a broad ranging law that forces the person to suffer those consequences.

There Would Be Serious Consequences For Someone With A CDL License With A DUI

A CDL would automatically be suspended for a minimum of one year if the person was convicted of OWI or DUI in any form. That could be a regular Operating While Intoxicated, or Operating While visibly impaired charge and either one would get the person’s CDL suspended for a year.

The person could be a truck driver who had a perfect record on the road, but they would lose their CDL for at least a year if they got a first offense DUI even while driving their personal vehicle on a weekend when they were off-work.

The reality is that many trucking companies, especially the larger ones, would not actually hire somebody for at least a few years if they had that conviction, and in case the person’s CDL had been suspended for a year, they would wait for a few years before the person became more insurable and less of a risk. A DUI would consequently have a very serious impact on a CDL.

It Might Become Difficult To Rent A Vehicle After Having A DUI Conviction Because Of The Temporary License

This is another situation that would depend on the circumstances. A lot of people have not faced any problems while renting cars after a conviction for a DUI, whereas some people have faced problems.

Whether or not the person was able to rent a car seems to be more related to the individual company from where they were trying to rent and the status of the person’s license.

For example, some people who have been convicted of a DUI might have a restricted driver’s license which would just be a piece of paper, not a hard license. Some rental places do not let people rent cars if they just have a paper license.

Usually once the person got their license back, there would be places from where they could rent a car because then the insurance could be purchased or the person could do it through their own insurance.

People would usually be able to figure out a way around this if they had been convicted but it would just be one more thing they would have to worry about and check into if they were making plans.

Insurance Companies Would Not Deny Or Limit Coverage If Someone With A DUI Was Involved In An Accident

So far in Michigan, as of 2016, insurance companies, whether health insurance companies or automobile insurance companies, provide benefits for medical and other coverage through their personal injury protection benefits even if a DUI was part of the accident.

We currently do not have this problem in Michigan, but it would always be safe to assume that the insurance companies are working on legislations to try and limit their requirements to pay out claims.

For more information on Felony DUI Charges In Michigan, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (248) 221-1060 today.

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  • Bloomfield Hills, MI Office

    2525 S. Telegraph Rd. Suite 100
    Bloomfield Hills, MI 48302
    Phone: 248-221-1060
    Fax: 248-456-8470