DUI
Charged with DUI (Driving Under the Influence)?
A DUI charge is far more serious than your average traffic violation. If you’re convicted, you could be ordered to pay a hefty fine, serve jail time, and even lose your license. At Somberg Law, PLLC, we’re dedicated to providing the best defense possible for our clients. If you’re facing DUI charges, call our office to speak with an attorney right away.
3 Factors that can Influence your DUI Case
You can depend on Somberg Law, PLLC for comprehensive legal representation when you’re fighting a DUI charge. We have the experience needed to put together a solid case. When we’re building your DUI defense, we’ll consider:
- The arresting officer’s initial report
- The results of your breathalyzer test
- Any eyewitness reports
A trial lawyer from our firm can stand by you in court and present your case. To get started on your DUI defense, schedule an appointment with a DUI attorney in the Metro Detroit area today.
DUI Laws in Michigan
Driving under the influence (DUI), referred to as Operating While Intoxicated (OWI) in Michigan, is a serious offense with strict laws aimed at ensuring road safety. Michigan law prohibits operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the limit is reduced to 0.04%, and for drivers under the age of 21, any detectable amount of alcohol (a BAC of 0.02% or higher) can result in penalties under the state’s “Zero Tolerance” laws.
Other Types of Impairment
In addition to alcohol, Michigan law addresses impairment caused by drugs. This includes both illegal substances and legal prescription medications if they impair a driver’s ability to operate a vehicle safely. A driver may be charged with OWI if they are under the influence of any intoxicating substance, even without a specific BAC level. Furthermore, Michigan enforces a per se law for certain controlled substances, meaning it is illegal to drive with any detectable amount of these drugs in the system.
FAQs
What does DUI mean in Michigan?
DUI stands for “Driving Under the Influence,” which refers to operating a vehicle while impaired by alcohol, drugs, or a combination of both. In Michigan, it’s also referred to as OWI (Operating While Intoxicated).
What is the legal blood alcohol concentration (BAC) limit in Michigan?
The legal BAC limit for drivers 21 and older is 0.08%. For commercial drivers, the limit is 0.04%, and for drivers under 21, it is 0.02%.
What are the penalties for a first-time DUI offense in Michigan?
Penalties for a first-time DUI offense may include:
- Fines of $100–$500
- Up to 93 days in jail
- Up to 360 hours of community service
- Driver’s license suspension for up to 180 days
- Six points added to your driving record
Can I refuse a breathalyzer test in Michigan?
Michigan has an implied consent law, meaning you are required to take a chemical test if lawfully arrested for suspected DUI. Refusing can result in license suspension (1 year for the first refusal) and other penalties, regardless of the outcome of your DUI case.
What is Michigan’s “super drunk” law?
Michigan’s “super drunk” law applies to drivers with a BAC of 0.17% or higher. Penalties for violating this law are more severe and may include:
- Fines of $200–$700
- Up to 180 days in jail
- Mandatory alcohol treatment programs
- One-year license suspension
Will a DUI conviction stay on my record?
Yes, DUI convictions in Michigan are considered misdemeanors and remain on your driving record permanently. However, recent changes to Michigan law may allow some first-time DUI offenses to be expunged under specific conditions.
Can I get my driver’s license reinstated after a DUI?
Yes, after completing your suspension or revocation period, you may be eligible to apply for reinstatement. This often requires paying fees, completing a substance abuse program, and attending a driver assessment reexamination.
What if I was arrested for DUI while under 21?
Drivers under 21 with a BAC of 0.02%–0.07% can face penalties, including fines, community service, and license restrictions. Higher BAC levels can result in standard DUI charges with harsher penalties.
Do I need a lawyer for a DUI charge?
It is highly advisable to hire a DUI attorney. DUI cases are complex, and an experienced lawyer can help reduce charges, challenge evidence, negotiate plea deals, or represent you in court.
What are the long-term consequences of a DUI conviction in Michigan?
Long-term consequences can include:
- Increased insurance rates
- Difficulty finding employment or housing
- Permanent criminal record
- Loss of professional licenses
Can I get a DUI for using prescription medication?
Yes, you can be charged with DUI if prescription medication impairs your ability to drive safely, even if you have a valid prescription.
How does Michigan handle repeat DUI offenses?
Penalties increase for multiple offenses and may include longer jail time, higher fines, extended license revocation, and mandatory installation of an ignition interlock device (IID).
What is an ignition interlock device (IID)?
An IID is a breathalyzer device installed in a vehicle that prevents it from starting if alcohol is detected in the driver’s breath. Michigan may require IID installation for repeat offenders or under certain conditions.
What should I do if I’m pulled over for suspected DUI?
Remain calm, provide your license and registration, and comply with lawful requests. Avoid making self-incriminating statements, and contact our team of attorney’s as soon as possible if arrested.
