Muskegon, Michigan OWI AttorneyBeing charged with OWI is a serious offense that can have serious repercussions, including loss of driving privileges, jail time, and monetary fines. It is very important that anyone facing a Michigan OWI charge understand what challenges they will encounter. Seeking the legal advice of an assertive and experienced OWI criminal defense lawyer will help you understand all of your rights and options. What happens if I was arrested for OWI in Muskegon?Persuant to 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. Because of this, it is very important to remember that there may be additional penalties to consider and each action must be handled separately. Michigan OWI or DWI Administrative HearingPursuant to Michigan law, an individual has 30 days to request an Administrative Hearing from the Michigan Bureau Motor Vehicles. If you fail to request a hearing within 30 days, your right to the hearing is lost, and your Michigan driver's license is automatically suspended for the applicable statutory time frame. In order to preserve your right to an administrative hearing, it is very important that you submit your request to the Bureau Motor Vehicles within thirty (30) days. OWI Penalties for First Time Offenders- Jail Time - In Michigan, a first time DWI - OWI offender faces 93 days imprisonment.
- Monetary Fines - Fines for a first time OWI are $500.
- Michigan Driving Privileges and OWI - In Muskegon, Michigan, a first time DWI (driving while intoxicated) or OWI (driving under the influence) conviction results in the revocation of driving privileges in Michigan for 180 days.
- Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the revocation of Michigan driver's license for 1 year.
- Commercial Drivers - Commercial drivers are in violation of the OWI statute with a blood alcohol content (BAC) 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.
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.
In Muskegon, Michigan, it is illegal to drive:- With a bodily alcohol content of 0.08 or more (driving while intoxicated).
- While intoxicated or impaired by, alcohol, illegal drugs, and certain prescribed medications.
- 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 OffensesPenalties are increasingly more severe for any additional OWI violations. Due to the complexity of OWI laws in Michigan, you may not be aware of options and rights. This is why a competent and knowledgeable criminal defense attorney can guide you through this emotionally challenging process. Please contact a Michigan DWI (driving while intoxicated) or OWI (driving under the influence) for a free consultation. |