Michigan has severe penalties for driving under the influence of alcohol or controlled substances – some of the strongest in the nation. The offenses termed operating while intoxicated (OWI) and operating while visibly impaired (OWVI) can be applied both to liquor consumption and consumption of other controlled substances that affect your ability to drive. If you have been charged with an OWI or OWVI offense, you will need the help of an experienced criminal lawyer. Paul J. Tafelski from Michigan Defense Law is a top rated DUI attorney with successful outcomes in many DUI and/or OWI cases.
The state of Michigan will add points to your driving record for every traffic violation you are found guilty of. The severity of an offense will determine the number of points that you get for a traffic violation. The Michigan Vehicle Code determines the points. In most cases, two points will be awarded for minor offenses, while six points will be given for serious offenses. These points will accumulate in the person’s driving record for two years from the date of conviction. Driving under the influence (DUI) of alcohol or drugs is a six-point traffic violation. This is the highest possible number of traffic violations.
A driver is legally intoxicated in Michigan if they have a blood alcohol content (BAC) of 0.08 or above. If you are convicted of an OWI for the first time at this level, you can face a jail term of up to 93 days, a fine of up to $500, and up to 360 hours of community service. You also face a driver’s license suspension of up to one year. You can also receive points on your driving record and be required to attend alcohol or drug education classes. If you are convicted of a second and third offense, these penalties all rise accordingly.
The penalties for an OWVI are substantively the same as for an OWI, except that the maximum fine for a first-time offense is $300 rather than $500.
Our state also has stronger penalties if a driver’s BAC is higher than 0.08. If a driver’s BAC is 0.17 or above, it is a high BAC offense (colloquially called “super-drunk”), which carries more severe penalties. If you’re convicted of a high BAC OWI for the first time, you can receive a jail term of up to 180 days, a fine of between $200 and $700, and up to 360 hours of community service. Your driver’s license is suspended for a year. Points and alcohol or drug education is also required.
Each time you are found guilty of traffic violations in Michigan or plead guilty to them, one or more points will be added to your driving record. Paying a traffic ticket is basically the same thing as pleading guilty.
Every traffic violation or crime has a point value. This is determined by the Michigan Vehicle Code. Two points are common for minor offenses, while six points are given to serious offenses.
Each point on your driver’s record remains there for two years after the date of your conviction. The Michigan law prohibits the SOS from removing points from your driver’s license record. A court cannot set aside a traffic offense. If you plead guilty to traffic violations or are found guilty by the court, you will be given driver’s license points and they will remain there for two years.
To avoid driver’s license points and the negative consequences of having too many, you must not accumulate them. You should hire an experienced Michigan DUI lawyer to fight your ticket for traffic offenses. If your traffic case can be dismissed or dropped, or you can prove that you are innocent in court then you will avoid a traffic offense conviction.
Many people facing an OWI or OWVI focus more on the possibility of fines and jail time than on the license suspension penalty. Fines can be financially onerous, and being locked up can affect your ability to stay employed, your family relationships, and your standing in the community.
But a license suspension can have severe consequences as well. If you are employed, a suspension may prevent you from getting to work. If you are a student, it may keep you away from your studies. If you care for children, it may interrupt your ability to take them to activities or school. In some areas in Oakland and Macomb counties, it’s difficult even to get groceries without a car.
Fortunately, there is a remedy for license suspension in Michigan. It’s called a driver’s license hearing request by the Michigan Secretary of State. Informally, it’s known as a “DMV hearing.” It consists of presenting a case to the appropriate state authorities for why you should get your license back.
In some cases, people convicted of an OWI or related offense can appeal to have a DMV hearing to get a restricted license after they have served part of their sentence. Restricted licenses are typically granted for specific purposes, such as getting to work or school.
Folks who have had their licenses suspended, though, need to realize that many of these penalties are mandatory in Michigan. The laws may require either that the license be suspended for a period of time before an appeal is heard or that the whole period of license suspension be completed, depending on the charge you were convicted of.
There are also penalties for driving when your license is suspended.
Here’s a rundown of license suspension requirements for each offense, and the possibility of receiving a restricted license.
If You Refused a Breath or Blood Test — In Michigan, when law enforcement pulls you over on suspicion of an OWI, you must consent to a breath or blood test or face penalties. Why? Because each driver in Michigan gives “implied consent” to a test when they got a driver’s license. Refusal results in an automatic suspension of your license for up to one year. If you refuse more than once in a seven-year period, suspension can last up to two years.
You can appeal the driver’s license suspension, but you need to do it within 14 days. It’s not possible to receive a restricted license on this charge.
If You’ve Received One OWI/OWVI Conviction – Suspension of your driver’s license is required for at least six months. You can request a restricted license, but the suspension needs to be in force for at least 30 days before you do.
If You’ve Received One High BAC Conviction — Suspension of your driver’s license is required for at least one year. You can request a restricted license, but the suspension needs to be in force for 45 days before you do.
If You’ve Received Multiple OWI/OVWI Convictions – Michigan views people who have received two or more OWI/OWVI convictions in seven years or three in 10 years as habitual alcohol offenders. Your driver’s license can be revoked for at least one year. Revocation is more serious than suspension.
Without a lawyer to help you, you increase the risk of losing your hearing. And when you lose your DMV hearing, you also lose your chances of getting a Michigan driver’s license. You will also not be able to ask for a license again for another year.
Because you have the burden of proof in a DMV hearing, you will be required to submit your evidence to an Administrative Law Judge (ALJ) who will decide whether you have met the burden of proof. Your lawyer can make suggestions on how you can ensure that the required evidence for your license restoration hearing is fulfilled. For example, they may be able to help you with your letters of support and ensure that they follow the evidentiary standard. Your attorney can also review your submissions and your drug screen and substance abuse evaluation.
A license restoration lawyer can help you prepare your testimony. Giving a testimony can be quite challenging, even for experienced witnesses. An Administrative Law Judge (ALJ) may ask you difficult questions and a skilled license restoration attorney may be able to help you prepare for those questions.
Having an experienced license restoration attorney can also guide you through the entire process, starting with the determination of your eligibility. In some cases, people are not able to meet their burden of proof within the required time frame. A skilled lawyer can advise you about what you can do in this situation.
An experienced lawyer may cost you more upfront, but their experience and knowledge will help you save money in the long run. Michigan Defense Law’s team of license restoration attorneys can help you get your license restored. Contact us today to schedule a consultation.
Obtaining a restricted license does not mean you can drive everywhere. Usually, the appeals process results in approval to drive certain places, such as work, school, or to alcohol/drug counseling sessions. You may also need to place an ignition interlock device (IID) placed in your car.
If you obtain a restricted license, you’ll need to carry documentation with you proving your work hours, your destination, and similar facts pertaining to the terms of the restriction.
If you are pulled over while driving for a reason not covered under your restriction, you can be charged with driving with a suspended license. This can also lead to an extension of the term of your suspension.
The DMV hearing process can be complicated. It requires extensive documentation and a specific set of application mandates, and both vary according to your charge(s). It’s a good idea to consult an experienced attorney to help you with the process and advise you of your rights.
If you or a loved one has been convicted of an OWI/OWVI charge in Michigan, let us help. You may have the right to appeal your license suspension or to appear at a DMV hearing, whether you are a first-time offender or have previous convictions. Contact Michigan Defense Law for a review of your case today.