dui laws

Michigan DUI Laws & Michigan DUI Attorneys


There are three different offenses you could be arrested for in the state of Michigan when driving under the influence of alcohol. The first is OUIL, or operating under the influence of intoxicating liquor. This is similar to a DUI in other states. The second, and the least serious offense, is OWI, or operating while visibly impaired by any substance. Whether or not you are impaired is based on the judgment of the officer on the scene. Typically the officer will administer field sobriety tests to determine whether or not you are impaired. The third offense is UBAL, or unlawful bodily alcohol level. In the state of Michigan, your blood alcohol level is too high if it tests over .07%.

Drunk Driving Arrests in Michigan

No matter what offense you are guilty of, a drunk driving arrest in the state of Michigan starts two separate cases, a case in the courts as well as in the Secretary of State Drivers License Appeals Division, which handles the license suspensions. The court will notify the DLAD of the conviction after the court case is complete. If you are arrested for either OWI or OUIL offenses in Michigan, the officer will ask to administer a breath or blood test to determine your blood alcohol levels. You have the right to refuse this test. If you do, however, your license is at risk of being suspended unless you immediately request an administrative hearing. For this reason, you should talk to a lawyer soon after your arrest to ensure that you file the request properly. You are only given fourteen days to request the hearing.

Basic Consequences for First Time Offenders

The type of offense you are arrested for directly affects the punishment you receive. If you are arrested for your first OUIL or UBAL offense, you will face the following:

If you are arrested for your first OWI offense in the state of Michigan, you will face the following same consequences. However, you will have a smaller fine, which is no more than $300. Subsequent offenses bring higher fines and longer community service and jail times.

icense Suspensions for Michigan OWI

A Michigan OUIL arrest results in license suspension, which starts after the court convicts you of the offense. The times of suspension for OUIL are as follows:

Remember, however, that there is a fourteen-day period in which you must file for your restricted license. Also, under Michigan drunk driving laws, your car can be impounded as a result of your arrest as determined by the courts. Your lawyer will be able to help you prove that you need your car and a restricted license to drive to and from work and to any required drunk driving classes.

Insurance Consequences

Your license is not the only thing that will suffer from your drunk driving arrest in the state of Michigan. Most car insurance companies will drop those customers who are convicted of OWI or OUIL. In order to get your suspended license back, you will have to prove that you are insured, but you will find it difficult and quite expensive to get car insurance after a drunk driving conviction.



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