Rochester Hills, Michigan OWI Criminal Defense LawyerBeing arrested for OWI is a serious offense that can have serious repercussions, including loss of driving privileges, jail time, and monetary fines. It is crucial that anyone facing an OWI charge in Michigan understand what challenges they will encounter. Seeking the legal advice of a capable and knowledgeable OWI attorney will help you understand all of your rights and options. Arrested for OWI in Rochester Hills, Michigan?In Michigan, 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 driving privileges, it is very important to remember that there may be more penalties to consider and each action must be handled on their own. OWI Penalties for First Time Offenders- Monetary Fines - Fines for a first time OWI are $500.
- Michigan Driving Privileges and OWI - In Rochester Hills, Michigan, a first time OWI / DWI 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 Michigan driver's license for 1 year.
- Commercial Drivers - Commercial drivers are in violation of the OWI statute with a Blood Alcohol Content (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 - A first time OWI or DWI offender faces 93 days jail time.
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 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 rights and options. This is why an accomplished and knowledgeable criminal defense attorney can guide you through this emotionally challenging process. Please contact a Michigan OWI / DWI for a free consultation. Michigan Anti-Drunk Driving LawsAnti-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 time in jail 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 Michigan driver's license 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.
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.
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