Home of the Great Lakes is also home of some of the strictest DUI laws in the country. In fact, Michigan is a .07% state, which means that you are Driving Under the Influence with a blood alcohol content of this level. Most states have a BAC level of .08%. Michigan also refers to drinking and driving as OWI (operating while intoxicated) or OMVI (operating a motor vehicle while intoxicated).
Michigan’s DUI Penalties
If you’ve been charged with a DUI, you can spend up to 93 days in jail for a first-time offense. The judge can also order 45 days of community service, alcohol treatment and your travel could be restricted. You will lose your license for a minimum of 30 days. In addition, your fine will range from $100 to $500. Plus, your vehicle could be impounded, which makes getting to work a challenge! Other penalties besides the criminal case could be increasing insurance rates. Your case may also require the installation of an ignition interlock device. This machine detects alcohol when you try to breathe into to start your car. It won’t start until it stops detecting alcohol.
The Administrative Case
Did you know, you only have 14 days after your DUI arrest date to request an administrative hearing? If you don’t, you will automatically lose your license. Keep in mind this is separate from the criminal case where you can also lose your license!
What is Michigan’s BAC? BAC is your blood alcohol content. If it reaches .07% while you’re driving in Michigan, you’re charged with DUI. In order to determine your BAC, police will ask you to submit to a chemical test. This is the blood test , breath test or urine test. Police can only conduct the breath test; qualified medical professionals must administer the blood and urine testing.
What is a Field Sobriety Test?
If police suspect you of drinking and driving, they will probably give you a field sobriety test. These are the HGN (horizontal gaze nystagmus), which tests your eyes for involuntary eye jerking, the Walk and Turn and the One Leg Stand, both of which test for balance and coordination.
Michigan’s Zero Tolerance Law
If you have any BAC level while driving and you are under 21, you are violating Michigan’s Zero Tolerance Law. The penalties are a $250 and/or 60 days of community service. You will also lose your license for 30 days.
Contact an experienced DUI lawyer today if you’ve been charged with DUI in Michigan!