MenuVery few people drive while they think they’re drunk. They don’t think they’re a danger to anyone. But something happens, the police pull them over, and they are over the legal limit. An honest mistake. But prosecutors disagree. As do judges. They take drunk driving very seriously. Thankfully, George Law also takes drunk driving very seriously.
If you’ve been arrested for driving under the influence, contact us at George Law, (248) 470-4300. You need to protect your rights.
Here’s a summary of Michigan’s drunk driving offenses and the penalties that courts may impose.
Operating While Impaired
Even if you’re not drunk, you can be prosecuted for drunk driving! In Michigan, it’s called Operating While Impaired; i.e., you drove worse than “an ordinary careful driver” and others would have noticed your driving. This is a criminal misdemeanor and, if convicted, you could face:
- a conviction on your record, and
- 93 days in jail, and
- $300 fine, and
- $$ — several hundred dollars in court costs, and
- 360 hours of community service, and
- 90 days restricted driving license – can only drive to work, probation programs, school, and the doctor’s office if you have a serious medical condition, and
- 4 points on your driver’s license
Operating While Intoxicated
This is what you think of when you hear “drunk driving.” The prosecutor needs to prove that (i) your blood alcohol content (BAC) was at least 0.08, or (ii) you were driving poorly because you drank alcohol. This is also a criminal misdemeanor and, if convicted, you could face:
- a conviction on your record, and
- 93 days in jail, and
- 360 hours of community service, and
- $500 fine, and
- $$ — several hundred dollars in court costs, and
- 30-day absolute suspension of driver’s license (no driving at all), and followed by
- 180-day restricted license after the suspended license, and
- 6 points on your driver’s license
Operating with a High Blood Alcohol Content
This is the new “super drunk” law. The prosecutor must prove that your BAC was 0.17 – more than twice the “legal limit” of 0.08. It is a criminal misdemeanor, and it carries more punishment. If convicted, you could face:
- a conviction on your record, and
- 180 days in jail, and
- 360 hours of community service, and
- $700 fine, and
- $$ — several hundred dollars in court costs, and
- 45-day absolute suspension of driver’s license (no driving at all), and followed by
- 1-year restricted license following the suspended license with an ignition interlock installed on your car, and
- 6 points on your driver’s license
Operating While Intoxicated – 2nd Offense
If you’re arrested for a drunk driving offense within 7 years of a previous instance, the punishments are far worse. It’s still a criminal misdemeanor, and if convicted, you could face:
- a conviction on your record, and
- 1 year in jail, with a mandatory minimum of 5 days in jail, and
- 90 days of community service, and
- $1,000 fine, and
- $$ — several hundred dollars in court costs, and
- 1-year absolute suspension of your driver’s license, and
- you must petition the Secretary of State to get your license back
Operating While Intoxicated – 3rd Offense
If you’re ever arrested for drunk driving after two drunk-driving convictions, you could be charged with a felony offence. The punishments are more severe. This is a felony and, if convicted, you could face:
- felony conviction on your record, and
- 1-5 years in prison, and
- 180 days of community service, and
- $5,000 fine, and
- $$ — several hundred dollars in court costs, and
- 5-year revocation of your driver’s license, and
- you must petition the Secretary of State to get your license back, and
- your vehicle being forfeited to the arresting agency
George Law Knows DUI Cases.
George Law will aggressively protect your rights. DUI cases are NOT open-and-shut cases. To the contrary, they present many opportunities for skilled defense attorneys like the attorneys at George Law. The prosecutor must prove – beyond a reasonable doubt — that you were properly arrested and that you were drunk. For example, we will be asking:
- Were you pulled over for a proper reason?
- Did the police reasonably think that you were drunk?
- Did the police give you the proper field-sobriety tests?
- Was the officer properly trained in providing field-sobriety tests?
- Was preliminary breathalyzer properly given to you?
- Did the preliminary breathalyzer work properly; e.g., was it calibrated?
- Was there probable cause for the police to arrest you?
- Did the police read your Miranda rights to you?
- Did the police correctly administer the breathalyzer at the police station?
- Was the breathalyzer at the station accurately calibrated?
- Was the officer at the station who administered the breathalyzer properly trained?
- If you had a blood draw, was there a valid warrant or was your consent valid?
- Was the blood draw conducted properly?
- Was your blood draw performed by properly-qualified person?
- After the blood draw, was your blood sample stored properly?
- Was your blood properly tested by the laboratory?
Answering “no” to any of these questions can potentially have a dramatic effect on your case. Contact George Law as soon as possible to find out how.
George Law Knows Drunk Driving Cases
George Law has represented individuals charged with drunk driving throughout Michigan. We’ve had cases dismissed, obtained not-guilty verdicts, and obtained favorable plea agreements. In these modern times, prosecutors will not go easy on you. You need George Law in your corner.
Contact us online or call our 24/7 defense hotline at (248) 470-4300 to see what we can do for your case.