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Driving Under the Influence Laws in Michigan

In Michigan, the state's drunk driving statute can be found under Section 257.625, operating motor vehicle while intoxicated (OWI), which means the same thing as driving under the influence or DUI.

In Michigan, no person shall operate a vehicle upon a public highway within the state while the person is operating while intoxicated. Operating while intoxicated means:

  • Under the influence of alcohol, a controlled substance, another intoxicating substance, or a combination of alcohol and drugs.
  • The person has a blood alcohol content (BAC) of .08%.
  • A person is under the age of 21, and has a BAC of .02%.

Under Michigan's implied consent law, when you are driving a vehicle, you have given consent to a chemical test for the purpose of determining the alcohol level in your blood. If you refuse to submit to a chemical test in the form of a blood, breath, or urine test, you face an automatic driver's license suspension regardless if you were drunk driving or not.

For a first refusal, you face a one year license suspension; for a second refusal, you face a two year license suspension, and; for a third refusal, you also face a two year license suspension.

Will I have to go to jail?

If this is your first offense, there is no minimum jail time required; however, if this is your second offense, you face a minimum jail time of 5 days. If this is your third offense, you will have to go to jail for a minimum of 30 days.

How long will an old DUI conviction affect future convictions?

If you are convicted of DUI/OWI and the violation occurs within 7 years of a prior conviction, or after 2 or more prior convictions, regardless of how many years has elapsed since any prior conviction, then your prior convictions will affect fines, sentencing, and community service on future convictions.

Can my DUI charges get reduced?

In Michigan, a defendant may be able to get their DUI charges reduced to a "wet reckless," or a conviction for reckless driving involving alcohol. While there is no way to be sure if the state will accept a wet reckless plea bargain, a good defense attorney may be able to create a plea bargain for you.

Will I be required to install an ignition interlock device?

In Michigan, DUI offenders are required by law to install an ignition interlock device (IID) for all second and subsequent offenses.

Were you injured in an alcohol-related crash?

If you were injured in a drug or alcohol-related crash where there is question whether you were under the influence of alcohol, a controlled substance, or even a lawfully prescribed drug, it would be in your best interests to speak to a Farmington Hills personal injury attorney.

As the founder of Abrahams Law, I have over 20 years of experience handling even the most complex personal injury cases, even those involving alcohol. Even if you had a drink, it doesn't mean that you were at fault in the accident, or that you were legally intoxicated. Let's talk about what happened, your rights, and your legal options. Give me a call today at (248) 538-2900.