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List of Michigan DUI Laws
In order for a defendant facing a Michigan DUI charge to be fully informed, he or she needs to understand their charge and how it may affect their future. We have tried to list all of the potential Michigan DUI laws in plain English so that you can intelligently discuss your case with an attorney. In addition, we have broken down the laws into their elements to demonstrate the pressure placed on a prosecuting attorney to prove EVERY element of your crime beyond a reasonable doubt.
Michigan OWI 1st Offense – Operating While Intoxicated
Michigan OWI first offense is the most common charge in Michigan DUI laws. This is due to the fact that an overwhelming majority of individuals stopped for suspicion of drunk driving are above the legal limit of .08 blood alcohol concentration.
The label for this crime used to be Operating Under the Influence of Liquor or OUIL but is now simply Operating While Intoxicated or OWI. A prosecuting official has many avenues for proving their case, regardless of whether or not your driving was impacted by your consumption.
Do NOT plead guilty at your initial arraignment if you are charged with OWI as there may be severe consequences for your drivers license as well as increased fines and costs.
Michigan OWI 2nd Offense – Operating While Intoxicated
If you are facing a Michigan OWI second offense charge, you may already think you are familiar with the DUI process. Think again. The enhancements that you face for a second offense in Michigan have increased to the point where you may face mandatory jail time in addition to what we all the death penalty for your Michigan drivers license.
There are time limits in the statute for enhancement and a skilled Michigan DUI attorney will be able to advise you on the consequences if convicted. Remember that the prosecutor must still prove the underlying elements for Operating While Intoxicated and there may be defenses to your crime.
Michigan OWI 3rd Offense – Operating While Intoxicated
If you have been arrested for a Michigan DUI and have ANY combination of drinking and driving convictions in your lifetime you will most likely be facing Michigan OWI third offense felony charges. This means that you could face a maximum of five years in prison of convicted.
Many individuals familiar with the court process for Michigan DUI know that it used to be three within 10 for a felony but that was changed by Heidi’s Law. All is not lost if you are facing felony charges as it may have been many years since your last two convictions and a felony may be able to be avoided.
Michigan OWVI 1st Offense – Operating While Visually Impaired
While most individuals going through a Michigan DUI will be originally charged with Operating While Intoxicated or OWI, one of the most searched topics on the Internet is Michigan OWVI first offense.
Word spreads quickly with social media and our interconnected world about the use of Operating While Visibly Impaired or OWVI as a plea bargain in OWI cases. Knowing what is needed to prove an OWVI charge should send a chill through every social drinker.
We summarize this for clients by stating that any amount of alcohol that impairs your ability to drive could land you a conviction for a Michigan DUI.
Michigan OWVI 2nd Offense – Operating While Visually Impaired
If you are facing an Operating While Intoxicated or OWI charge, then you need to be aware that the sentencing enhancements in place in Michigan will look back 7 years from your arrest for any drinking and driving convictions. This can lead to a Michigan OWVI second offense that could have devastating consequences for your drivers license and paves that way for possible jail time.
There are specific elements that must be proven in order to be a second offense so it is imperative that you seek out experienced Michigan DUI counsel immediately.
OWPCS – Operating With the Presence of Controlled Substance
Our DUI law firm has seen an increase in prosecutors authorizing and filing charges for Operating With the Presence of a Controlled Substance. This can cause a great deal of confusion if you are a medical marijuana patient or have prescriptions for other legalized controlled substances.
If you have been charged with this crime, it is imperative that you hire a Michigan DUI attorney to protect your interests and advocate your defenses.