Port Huron, Michigan OWI Lawyer

OWI in Port Huron, Michigan

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

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

Michigan DWI - OWI Administrative Hearing

Pursuant 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 driver's license in Michigan is automatically suspended for the applicable statutory time frame. In order to preserve your right to an administrative hearing, it is imperative that you submit your request to the Bureau Motor Vehicles within thirty (30) days.

OWI Penalties for First Time Offenders

• Monetary Fines - Fines for a first time OWI are $500.
• Michigan Driving Privileges and OWI - In Port Huron, Michigan, a first time OWI conviction results in the revocation of Michigan driving privileges for 180 days.
• Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the revocation of driver's license in Michigan for 1 year.
• Commercial Drivers - Commercial drivers are in violation of the OWI statute with a BAC level of 0.04. A first time DWI - OWI 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 Port Huron, Michigan, a first time DWI / OWI offender faces 93 days time in jail.

Michigan Anti-Drunk Driving Laws

Anti-drunk driving laws in Michigan require stiff penalties for drunk drivers. The laws:

• Require a reinstatement fee of $125 if your driver license was suspended, revoked, or restricted.
• Include a felony for three convictions in a lifetime.
• Require courts to decide drunken driving cases within 77 days after an arrest
• Do not allow for hardship appeals for habitual alcohol offenders.
• Require five (5) days to one (1) year of consecutive jail time and/or 30 to 90 days of community service for a second conviction of drunk driving.
• Require a mandatory six-month driver license suspension even for a first conviction. A driver may be eligible for a restricted license after serving 30 days of the suspension.
• Include a felony for a conviction for OWI that causes a serious injury to another.
• Require fines for a conviction of driving while a driver's license in Michigan is suspended or revoked of up to $500 for a first offense, and $1,000 for any additional offenses.
• Include a felony for a conviction for drunk driving that causes death.

In Michigan, 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.

It is possible to recognize drivers who may have been drinking or using other drugs. They may:

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

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. This is why an aggressive and professional attorney can guide you through this emotionally challenging process. Please contact a Michigan OWI for a quick and easy consultation.