What is the Punishment for First Time DUI?
As many of you may know, DUI means Driving Under the Influence and OWI means Operating While Intoxicated. In Michigan, the recognized acronym is OWI, while DUI is still used as a general reference to drunk driving, simply because it’s a well-established abbreviation. Before we begin, it’s important to state that if you have been drinking, it’s important for you to stay off the roads. The safety of yourself and the people around you is at risk if you violate this protocol. If you are driving Mt. Clemens and Troy, MI while under the influence, a first offense comes with penalties.
Here is a list of the penalties for a first time DUI:
- Up to 93 days in jail.
- Fines of $100 to $500.
- 360 hours (45 days) of community service.
- Vehicle immobilization at the court’s discretion.
- Possible ignition interlock device during probation.
What is the Definition of DUI?
In Michigan, the acronym DUI has changed to OWI, which means Operating While Intoxicated. If you are operating while intoxicated, you fall into one or more categories. If you have a blood alcohol content (BAC) level of .08% or greater and are operating a vehicle, you can be charged. If you have any amount of a controlled substance in your body or are under the influence of any intoxicating liquor, you can also be charged with an OWI. Also, if you are operating a vehicle under the influence of any controlled substance or intoxicating substance, you also fall into this description.
Make sure you are driving safe and operating vehicles responsibly. These laws were put in place to protect you and your fellow drivers.
Which is Worse DUI or DWI?
In Michigan, there are two categories of intoxicated driving. These two categories are OWI, and OWVI. In 2003, OWI and OWVI were adopted as state law in compliance with the National Highway Transportation Safety Administration’s requirement that all states adopt a blood-alcohol threshold of .08 percent for drunk driving offenses. OWI maintains the .08 percentage in accordance with these laws, but OWVI, which means Operating While Visibly Impaired does not have a blood alcohol threshold. In conclusion, a OWI is worse than a OWVI.
Can I Keep My License after a DUI?
There are a number of factors that impact whether or not a suspected OWI offense will restrict your driver’s license. If you refuse to take a breath or blood test, your driver’s license will be automatically suspended. A doctrine called ‘implied consent’ means you have to comply or risk sanctions. You can appeal the suspension, but you must do so within 14 days. A suspension for refusing to take a blood test can be up to one year the first time you refuse and up to two years if you refuse more than one in seven years.
For a first OWI conviction, Michigan requires at least a 6-month driver’s license suspension. You have to serve at least 30 days of the suspension before you can ask for a restricted license. There are other considerations. If you have an extraordinarily high BAC level, Michigan requires at least a 1-year driver’s license suspension. Serving 45 days of the suspension is mandatory before the request for a restricted license can be granted. If you have two or more convictions in seven years, you are then deemed a habitual alcohol violator and you can have your license revoked for at least one year.
These are sincere restrictions. Be safe and don’t drink and drive.
Can You Get Jail Time for First DUI?
A first-offense OWI generally results in a fine and driver’s license restrictions in addition to jail time or community service. The judge can order up to 93 days in jail for both an OWI or OWVI. If your blood alcohol content is .17% or greater, the maximum jail time is 180 days. Practically speaking, it is important to get DUI bail when situations like this occur.
DUI for Drugs
OWI, or Operating While Intoxicated, includes three types of violations. One of these violations includes a provision for drugs substantially affecting your ability to operate a motor vehicle safely. A OWPD stands for Operating With and Presence of a Schedule 1 Drug or Cocaine. This means you can be charged for having even a small trace amount of these drugs in your body, even if you do not appear to be intoxicated or impaired.
DUI is Not a Crime
In the United States, there are two different types of punishment that result from being convicted of a DUI (Driving under the Influence). DUI is also known in Michigan as an OWI. The first type of punishment is administrative. This means that your driver’s license is suspended. The second type of punishment is filed under criminal law and results in fines, parole or prison time. In most cases, a DUI will result in a misdemeanor, but if the evidence against you is strong enough, it could end up as a felony.
DUI with Injury
In the state of Michigan, you can be charged with drunk driving causing serious impairment or bodily function. A Michigan OWI causing serious injury carries with it a five-year felony with a fine ranging from $1000-$5000, vehicle forfeiture, and mandatory vehicle immobilization.
DUI Without a Lawyer
It is highly advisable for you to hire a lawyer to represent you in court if you are facing an OWI conviction. Numerous penalties are carried with the conviction of an OWI. Those penalties can be lessened with the presence of a competent lawyer. Additionally, a lawyer can help you with a bench warrant. A bench warrant is essentially a written order by a judge for an individual to be arrested and appear in court. It is important to turn yourself in and appear in court, but not without bail assistance. Bench warrants are serious but can be solved with practicality.
If you think you have a DUI in Mt. Clemens and Troy, MI, call You Call Bail Bond Agency at 844-YOU-WALK to speak with our staff about handling your bail today!