If You are Pulled Over and Arrested
If you fail a road side breath test, a Police Officer will have Probable Cause to arrest you for Drunk Driving. You will be handcuffed, placed in the rear of the Police Cruiser, and transported to jail. Depending on the Officer and the City in which you are arrested, someone may be allowed to drive the car home for you or it could be towed to the impound lot.
At the Police Station, you will be asked to take a DataMaster breath test to accurately determine your Blood Alcohol Content (BAC). The results of the breath test you took when you were pulled over, are not admissible in Court. DataMaster results are. If you refuse to take the DataMaster, the Officer will phone the Magistrate on call, get a warrant, and transport you to the hospital where they will draw blood to determine your BAC. And, because you refused, you driver's license will be suspended for a year.
You will get released from jail after your BAC falls below the legal limit of .08. The amount of alcohol your body can process is about .005 per hour so if you blow .15 on the DataMaster, you will get out jail in about 14 hours or so. Typically, you will have to post a couple hundred dollars bond but that will depend on your BAC, past alcohol and driving convictions, and how nice you are to the cops who have had to deal with you and whether you vomited in the back seat of their police car.
If this is your first drunk driving offense, you may face a $500 fine, up to 93 days in jail, up to 360 hours of community service, suspension of your license for 30 days, followed by restrictions for 150 days, possible vehicle immobilization, possible ignition interlock, and six points added to your driving record.
If you get a second conviction for OWI, the judge could impose up to a $1,000 fine, five days to one year in jail, thirty to 90 days community service, driver license denial or revocation for a minimum of one year, license plate confiscation, vehicle immobilization for 90 to 180 days unless your vehicle is forfeited, possible vehicle forfeiture, and six points on your driving record.
A third drunk driving charge is a felony. You'll face a $500 to $5,000 fine, one to five years imprisonment or probation with at least 30 days in jail, sixty to 180 days community service, driver license denial or revocation for a minimum five years, license plate confiscation, vehicle immobilization for one to three years unless the vehicle is forfeited, possible vehicle forfeiture, registration denial, and six points added to your driving record.
Operating While Visibly Impaired (OWVI),
If this is your first offense and there has not been an accident, the Prosecutor might be convinced to lower the charged to "Impaired Driving." What the mean to you is lower fines, less points, and most importantly, you can still drive to work or work related stuff.
It would be unusual for an Officer to write a ticket for impaired. Typically, the Prosecutor will be willing to reduce an OWI to an Impaired if you are willing to plead to this somewhat lesser offense.
If You Get 2 Drunk Driving Charges within 7 Years
If you get 2 alcohol related driving convictions within 7 years, the Secretary of State will revoke your license. This is not a suspension, but a revocation which means that you could never be allowed to drive for the rest of your life.
If Your Drive While Your License is Suspended or Revoked
Driving while your license is suspended or revoked can be serious and much depends on why it was suspended in the first place. You could face jail if you have done this multiple times plus the Secretary of State will add even more time to your suspension or could even revoke your license. You could also face forfeiture of the vehicle you were driving.
Get Driving Again…Legally
Unfortunately in Detroit, there are not a lot of alternatives for getting around. You could take UBER or rely on friends, but it gets expensive and you lose your friends quickly. Get a Criminal Defense Attorney to help get your license back. Call (248) 705-3742 for a no-cost consultation. Click Here for License Restoration Information.
Michigan's "Super Drunk" Laws
If your BAC is greater than .17, you could be charged under Michigan's Super Drunk Law. If you are charged 'High BAC", you face enhanced penalties, higher fines, increased driver's license sanctions, and a required vehicle interlock.
Penalties for DUI Drunk Driving with a BAC Greater than .17
The law imposes a one-year substance abuse treatment requirement. In addition, fines and potential incarceration is increased with offenders facing up to 180 days in jail. The Secretary of State office will suspend your driving privileges for one-year, the first 45 days being a "hard" suspension (meaning no driving) with the offender being entitled to a restricted license with installation of a breath alcohol ignition interlock device (BAIID) at the offender's expense which can be hundreds per month.
Depending on the facts, a Prosecutor might be convinced to drop the "super drunk" charge to a straight OWI or, sometimes, even impaired. If you have been arrested and charged with drunk driving, DUI, OWI, of OWVI, contact Schmierlaw at (248) 705-3742 to talk about your case.
Whether it is representation in a legal matter or just some legal advice, Schmierlaw can help. We specialize in Criminal and Drunk Driving Defense and can help you with any sort of legal issue which may arise including Felonies or Misdemeanors, Drunk Driving, Traffic Tickets, Juvenile Offenses, or any other legal concern which you may have.
Schmierlaw is a Criminal Defense and Drunk Driving/ DUI legal firm providing representation in Wayne County, Oakland County, Macomb County and throughout Michigan including these Michigan cities:
Law Office of James G. Schmier, PLLC
2222 Attard Street, Birmingham, Michigan 48009
Tel: (248) 705-3742 FAX: (248) 540-0044 Email: firstname.lastname@example.org