OWI Attorney - Battle Creek, Michigan

Michigan OWI or DWI Administrative Hearing

Pursuant to Michigan law, an individual has 14 days to request an administrative hearing from the Michigan Bureau Motor Vehicles. If you fail to request a hearing within 14 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame. In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request to the Michigan BMV within 14 days.

Being arrested for OWI is a serious offense that can have major consequences, including fines, jail time, and loss of driving privileges. It is imperative that anyone facing an OWI charge in Michigan understand what challenges they will encounter. Seeking the legal advice of a competent and professional OWI criminal defense attorney will help you understand all of your rights and options, including any defenses you might use.

What happens if I was arrested for OWI in Battle Creek?

Under Michigan law, once you have been cited for violating the OWI statute, the state initiates two simultaneous, yet separate legal actions against you. The criminal action is in response to the ticket that was issued to you, while the administrative action is brought against your driver's license by the Michigan Bureau Motor Vehicles. While both actions can result in the suspension of your Michigan driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately.

OWI Penalties for First Time Offenders

• Michigan Driving Privileges and OWI - In Battle Creek, Michigan, a first time OWI conviction results in the revocation of driving privileges in Michigan for 180 days.
• Commercial Drivers - Commercial drivers are in violation of the OWI statute with a BAC level of 0.04. A first time OWI or DWI conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent OWI offenses will result in a lifetime loss of the commercial license in Michigan.
• Jail Time - In Battle Creek, Michigan, a first time DWI - OWI offender faces 93 days imprisonment.
• Monetary Fines - Fines for a first time OWI are $500.
• Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the revocation of driver's license for 1 year.

Drivers who may have been drinking or using other drugs may:

• Run off the pavement.
• Wander from one lane to another.
• Weave within their lane.
• Drive too quickly or slowly.
• Go through stop signs or other signals.
• Stop too quickly or slowly.
• Drive on the wrong side of the road.

Under Michigan law, it is illegal to drive:

• While intoxicated or impaired by, alcohol, illegal drugs, and certain prescribed medications.
• With a bodily alcohol content of 0.08 or more (driving while intoxicated).
• With any presence of a Schedule 1 drug or cocaine.

If you are under age 21 it is against the law:

• To drive with a bodily alcohol content of 0.02 or greater, or have any presence of alcohol other than that consumed at a generally recognized religious ceremony.
• To buy, possess, or consume alcoholic beverages. You may transport alcohol in a vehicle only when accompanied by an adult age 21 or older. If you are caught with alcohol in your vehicle and there is no adult accompanying you, you can be charged with a misdemeanor, whether you are on the road or in a parking lot.

OWI Subsequent Offenses

Penalties are increasingly more severe for any additional OWI violations. Due to the complexity of OWI laws in Michigan, you may not be aware of rights and options, including any defenses you might use. This is why an assertive and skilled criminal defense attorney can guide you through this emotionally challenging process. Please contact a Michigan OWI for a quick and easy consultation.