August 29, 2018

Michigan Drunk Driving | DUI, OWI

Michigan DUI DWI OWI OUIL

If you or a family member is facing a drunk driving charge, it is important to protect your rights. The experienced staff at The Williams Law Firm will help you through this process.

The police will work hard to get you to say and do everything they can to justify pulling you over and charging you with drunk driving. Over the past forty years we have skillfully represented thousands of clients charged with DUI, DWI, OUIL, UBAL, and the presently used phrase, OWI, on all Michigan roads determined to be open the public. Let us help you, too.

Definition of Drunk Driving (DUI, OWI) in Michigan

Let me make a precatory remark: Why do people drink then choose to drive? Because it’s legal to do so. It is perfectly legal to drink and then drive in Michigan, just not beyond a certain blood alcohol level – a factor that is somewhat different for every person as it’s based on body weight, mass index, and other physiological factors. Prior to taking our drivers test to become licensed, we often don’t have a clue where the line of danger is. We only get to truly learn of this, get educated, after the horse is already out of the barn. However drinking and driving just because it is notillegalto do so is often as lethal as playing Russian roulette. Michigan’s tolerance for drunk drivers went down to its lowest level as of Sept. 30, 2003, when the .08 blood-alcohol content (BAC) became the legal limit. Prior to that date, Michigan had a two-tiered standard, where a .10 BAC or greater was considered drunk driving, and .08-.09 BAC was not considered drunk, but rather impaired driving although it is likewise a drinking and driving offense. There was a time in the not too distant past when the Michigan legal limit was .15. Times have indeed changed and, without logical question, for the good of society.

When I point out to new clients that roughly 18,000 (17,941 last year) people are killed in this country each year because of drunk drivers, everyone thinks without exception that this is a national disgrace. The 9/11/01 World Trade Center attack killed 2,752 people. This means that better than SIX TIMES the number of people killed in the twin towers are killed by drunk drivers EACH AND EVERY YEAR. And it shows no indicative signs of stopping, ever.

Impaired Driving

People always want to know when they are arrested why is impaired driving better, or how it is different, than pleading guilty to drunk driving, OWI. The major advantage of impaired driving in comparison to drunk driving is assessing four points instead of 6 points on the driver’s record, and a less severe license suspension. Record is made by the Secretary of State following any conviction by plea or trial to keep track of repeated alcohol-related driving offenses. So, keep in mind that convictions for drinking and driving offenses never go away, AND computers never forget.

Reckless Driving

Sometimes too I am asked that when a person blows relatively low on the breathalyzer, is the charge of reckless driving, a 6-point traffic misdemeanor, preferable to a 4-point impaired driving conviction, as reckless does not “scream” alcohol. Not uncommonly, especially in township or city cases, this might be an offer where the BAC is borderline or there are minor prosecutorial discrepancies. My answer is pragmatically, “Practically never.” The reason is based on the long-term best interests of the client, which in the moment of the short term may be obscured. The criminal conviction of reckless driving has a longer suspended period with a hard time (no driving at all) suspension of thirty days, carries 6 points (as does straight OWI, negligent homicide, vehicular homicide, fleeing and alluding, and other high point traffic misdemeanors), and it is used to revoke one’s license (not suspend) if two offenses of either OWI, impaired, or reckless, occur within a seven year period. Lastly, it usually has a much more grievous effect on your insurance rates.

There is one instance however where it is a better choice, to wit: a reckless conviction does not count in the three convictions over your lifetime “Heidi’s Law” (all third offense drunk driving convictions are now subject to being charged as a felony) and therefore -if you have had two alcohol-related driving convictions that are of record, AND if you are now being offered a reckless driving, you may wish to strongly consider it. If this is your second alcohol-related driving offense within seven years, you face a revocation of your driver’s license for a period of one to five years without the possibility of appeal to drive on a restricted basis. Your attorney, however, needs to look out after your short-term as well as your long-term best interests. During our dealings with your initial charge, we will strategically prepare you for the future restoration of your driver’s license by choosing certain remedial measures that will be beneficial for BOTH the criminal matter at hand in addition to the civil matter that you will surely need to undergo a year from now.

Effects of Alcohol

Driving requires concentration, motor skills, common sense, and a concern for the safety of everyone on the road. Alcohol affects each person differently. Mixing drugs or medications with alcohol can be especially dangerous and even deadly especially when behind the wheel. The effects of alcohol are the same whether you drink beer, wine, or whiskey. A 12-ounce can of beer, 5-ounce glass of wine, and a 1.5-ounce shot of whiskey all contain the same amount of alcohol. Alcohol is indeed just that: alcohol. Don’t think that four glasses of wine is safer than two shots of vodka. Drinking a standard serving of any of these forms states that the effects will be the same to your body: your judgment and self-control will be affected. Drinking even one drink can impair your ability to drive, slow your reaction time, dull your concentration, and cause visual problems. Many people mistakenly believe that coffee, a cold shower, exercise, or fresh air can sober them up. However, the only thing that can sober you up is time.

Vehicle Immobilization

If this is your first offense, your car may be immobilized depending on the judge’s case by case discretion. Of the exactly 100 District Courts in Michigan, I am aware of only one (and within that District, only one of the two judges) who routinely immobilizes on a first offense within seven years. Therefore, we advise you to contact an attorney who is familiar with the immobilization policies of the local judges. As for the second and subsequent offenses occurring in less than seven years immobilization is mandatory -unless the vehicle is not in your name AND the owner of the vehicle was not aware of your intention to drive it while intoxicated. In some cases and given circumstances, your vehicle may be seized and sold.

Overview of the Crime of Drunk Driving

Each US state has its own set of drunk-driving laws, but there are certain concepts and features common to most states’ drunk-driving jurisprudence. Basically, as we all know, it is illegal and hence a crime for a person to operate a motor vehicle after consuming alcohol and/or drugs to a degree that impairs his or her safe driving ability and judgment. Both criminal and civil penalties for drunk driving can be harsh, and often include:

  • Loss of drivers license privileges
  • Large fines and court costs
  • Substance-abuse treatment
  • Jail or prison time
  • Community service
  • Restitution
  • A non-expungeable criminal record
  • Restrictive probationary license programs, including ignition interlock devices
  • Possible immobilization or sale of vehicle

In addition, the social stigma and the possible effect it might have on your career and family may have lifelong negative consequences.

Types of Drunk Driving Related Charges

Operating While Visibly Impaired (OWVI) means that, because of alcohol or other drugs being ingested into your body, your ability to operate a motor vehicle was, to some degree, was determined by a police officer to be “visibly impaired,” to wit: reaction time, comprehension, mobility, etc. Operating While Intoxicated (OWI) means the alcohol or drugs in your body substantially affected your ability so you could not safely operate a motor vehicle. It can also mean that your bodily alcohol content was at or above .08. This can be shown by a chemical test, but all of this is subject to factual and legal challenges. Operating With Any Presence of a Schedule I Drug or Cocaine means having even a small trace of these drugs in your body even though you may not appear to be intoxicated or impaired. This can be determined by a chemical test, and again, is subject to factual and legal challenges. Under Age 21 Operating With Any Bodily Alcohol Content means having a BAC of .02 to .07, or any presence of alcohol other than that consumed at a generally recognized religious ceremony or as part of
a university study.

See a list of fines and penalties.

Drunk Driving Laws Recently Passed in Michigan

THE SUPER DRUNK LAW – PA 462

This law pertains only to first offenses practically speaking (within 7 years) and stiffens the penalties for people who register a .17 BAC or higher. It raises the 93-day maximum jail sentence to 180 days, raises the fines from $500 to $700; probation for at least a year with mandatory education followed with other “remedials (such as AA), a hard time suspension of the drivers license followed by the balance of one year of restricted driving with an interlock device installed in the vehicle, and an extra $1,000 in driver responsibility fees to the Treasury Department for two years (presently under review for constitutionality).

Another amendment to the law affects the monitoring by an interlock system with an in-car camera which is recorded. If a defendant is convicted of operating or attempting to operate a vehicle with an interlock system with a BAC of .25 or higher, the license penalty will double, resulting in a new 45-day hard suspension and an additional 320 days of restricted driving with the interlock system (resulting in approximately $1,200 of additional expenses for the driver).

The last significant change for the “Super Drunk” driving amendments is its potential to affect non-drunk drivers. The amendment calls for the impoundment of any non-equipped vehicle used by a defendant that is subject to the interlock system regardless of whether or not the defendant owns the vehicle. If you loan your car to such a defendant, even unknowingly, you may be subject to the costs associated with the removal and storage of the vehicle but such third-party liability is discretionary with the court.

THE SOBRIETY COURT MULTI OWI OFFENDER RESTRICTED LICENSE LAW– PA 154 and PA 155

These two laws are easily the most exciting in terms of proactive legislation as the same respects the job, family, and economic future of the State. Judge Harvey Hoffman, formerly of the 56th District Court in Charlotte, MI, was a major player in this undertaking. It requires a “SOBRIETY COURT” status to happen if such is to be of advantage to a defendant. It almost always addresses REPEAT OFFENDERS.

There are many keys here. First, one has to be otherwise able to be licensed when charged with the new OWI (second w/in seven years or third w/in ten years, in their lifetime). Therefore, no restricted license is available for those otherwise ineligible to drive before this arrest. There are exceptions to not being ineligible, the most significant of those being having too many points, suspension due to a failure to answer a citation or pay fines, violating a Circuit Court restricted license, a refusal to take a station house (implied consent) breath test, and failure to pay a drivers responsibility fee to the Treasury Department. Secondly, and all of this applies only to a court which has a sobriety program and that involves no objection to entrance by the prosecutor and the Judge. Thirdly, 45 days (the usual amount of time) hard time sit-out is the reward for the max two-year term in sobriety court w/interlock device installed (hence, restricted driving privileges). The equity power of a Sobriety Court supersedes the power of the legislation otherwise vested to the Secretary of State.

But perhaps most significant in terms of long term benefits is that instead of 1 to 5 years of revocation, with the significant burden of overcoming of the presumption of never being able to drive legally again, at the SOS hearing after a minimum of a one-year wait, this whole period of revocation and “overcoming the presumption” issue is now gone saving only to petition to remove the restrictions. The effect is that suspension actually replaces a mandatory revocation. If successful, there is a judicial (Sobriety Court only) factor, and a SOS review factor to be undergone before full reinstatement of the drivers license is achieved. Drivers Responsibility Fees are also held in abeyance until the end of the probation term, the vehicle is exempt from forfeiture, and there is no mandatory immobilization of the vehicle. Visit courts.mi.gov for more particulars.

THE NO POINTS FOR SPEEDING LAW – PA 568

This law is the no points on a traffic ticket law. It gives the infractioner three months to take a special driver improvement course, which presently costs about $100 (it’s not the regular Saturday “too many minor infractions improvement class”) and lasts six hours. This is how it works: A driver gets a speeding ticket for one, two or three points; at that time they had less than two prior points on their driving record (points stay on for two years). The court first finds responsibility for the ticket, and the abstract is automatically sent to the Secretary of State where the points are added. The Secretary of State, in its own determination, then sends a computer-generated notice stating that the driver has three months from the date on the notice to take the above-mentioned class. If this is done successfully, the instructor gives a certificate, and informs the Secretary of State to remove the points assessed.

Again, the infractioner can have only two points on the license when the new ticket happens and the new ticket has to be a three-point ticket or less. A pre-trial reduction may be quite useful here. Any given licensed driver may use this law only once in his/her lifetime. Again, all of this happens, if at all, AFTER court adjudication (courts want to have their costs and fees) as it is solely an administratively generated decision from the Executive Branch and not the Judicial. There appears to be no “right” to this if the SOS does not computer-generate the setting aside of points, at least at the present time.

MICHIGAN’S IMPLIED CONSENT LAW

If arrested, you will be required to take a chemical test to determine your BAC. Under Michigan’s Implied Consent Law, all drivers are considered to have given their consent to this test, hence the word “implied.” If you refuse a test, six points will be added to your driver record, and your license will be suspended for one year. Please be aware that suspension of a license is automatic for any refusal to submit to the test. This does not mean refusing the roadside PBT test, but rather the station house test. The choice of test is up to the arresting officer, and not you. It usually is the Spectra-Graph or Data Master for breath tests but in some cases the police could ask you to take a blood test or a urine test to gauge for THC if they smell marihuana. IT IS THEIR CHOICE and you must comply or face more problems. This is a separate consequence from any subsequent convictions resulting from the traffic stop. However, AFTER you submit to their choice of tests, then you have a right to request YOUR choice of a second test, which should be a hospital blood test. Remember “rock covers paper?” Blood prevails over breath. Your request must be made immediately after you submit to their test. If you request a secondary blood test in a timely fashion, and if the police refuse to comply with your request, then their test will not be used in evidence. However, if you say you want a blood test prior to the police choosing the one of three choices that they legally can make, we have seen cases where this has been interpreted that you tacitly “refused” their choice.

If you are arrested a second time in seven years, and again unreasonably refuse to take the test, six points will be added to your driver record, and your license will be suspended for two years.

If you refuse to take the test under the Implied Consent Law, and if the forced hospital blood test shows that your BAC is .08 or more, the officer will destroy your driver license and you will be issued a “625g” paper permit on which to drive until your case is resolved in court. There are no Circuit Court hardship appeals for a restricted license the second time you choose to refuse.

The Role of Probation in a Drunk Driving Sentencing

Probation is by far the most common sentence for people convicted of drunk driving, especially for first-time offenders but this is not a guarantee that some jail time won’t be given based on the circumstances of each case. Probation is part of the criminal sentence to be served in the community rather than in jail or prison. Most states limit terms of probation to a maximum of five years District Courts: two). If you are facing a drunk-driving charge, an experienced lawyer can assist you with your defense and, if necessary, can advocate for a more accommodating sentence which may potentially also result in a shorter probationary period.

Prosecutor’s Role in a Drunk Driving Case

Prosecution refers to the government’s role in the criminal justice system. When criminal activity is suspected, it is up to the government to investigate, arrest, charge and bring the alleged offender to trial. A prosecutor is a lawyer who works for the government and who is responsible for developing and presenting the government’s case against a criminal defendant. Prosecutors may be called county attorneys, city attorneys, district attorneys, township attorneys or states’ attorneys. The prosecutor is the opponent, or adversary, of the criminal defendant, and his or her attorney; they have no fiduciary relationship with the accused.

Breath Test Results in a Drunk Driving Case

In every state in the US, a driver with a blood-alcohol concentration (BAC) of .08 or higher is presumed to be legally intoxicated for drunk driving purposes. Each state has also enacted an implied consent law [below]. Implied consent laws provide that every licensed driver within the state is considered to have given his or her consent to chemical testing to determine his or her BAC whenever a law enforcement officer has reasonable suspicion of intoxication. In Michigan, refusal to submit to such a test results in license suspension or revocation.

Here are just a few of the ways you can defend yourself:

There is case law, to wit: People v. Rutledge, 250 Mich. App. 1 (2002), 645 N.W. 2d 333, which, in part, negates aspects of the MIP arrest. This case dealt with the MIP law.  In a ruling dealing with the legality of the PBT use, in the U. S. District Court for the Eastern District of Michigan, Northern Division, the PBT was found to be an invasive search requiring a warrant.  Judge David M. Lawson ruled that the Bay City ordinance was virtually the same as the State Statute [MCL 436.1703 (6)] and ruled the State Statute unconstitutional in an opinion dated Nov. 18, 2003.

Yet still, universities, colleges, and many county prosecutors still authorize warrants and, without challenge, Judges will accept guilty pleas under the 1998 law!

There are literally dozens of other challenges which likewise may apply to your case, such as what constitutes “driving”, was there a legally constituted “accident” which allowed the officer to charge when no one saw the vehicle now stuck on the side of the road, etc. Besides these case law challenges, was there probable cause for the stop or was the officer just curious, was there probable cause for an arrest if you passed all of your sobriety/dexterity tests on the road side, etc., all of these being valid challenges. It would serve you well to consult with an experience attorney before you decide just to go in and plead guilty.

Fines and Penalties (Subject to periodic change)

Actions for Drivers Under Age 21 / Zero ToleranceSee section on Under 21/Juvenile Crimes

First Offense

OWI (Operating While Intoxicated) or OWPD (Operating With Any Presence of a Schedule 1 Drug or Cocaine)

  • $100 to $500 fine, court costs, statutory fees, and one or more of the following:
    • Up to 93 days in jail.
    • Possible probation for up to two years with oversight fees and remedial costs.
    • Up to 360 hours of community service.
    • Driver license suspension for 30 days, followed by restrictions for 150 days.
    • Possible vehicle immobilization.
    • Possible ignition interlock.
    • Six points added to driver record.
    • $1,000 Driver Responsibility Fee for two consecutive years for OWI.
    • $500 Driver Responsibility Fee for two consecutive years for OWPD.

OWVI (Operating While Visibly Impaired)

  • Up to $300 fine plus court costs and statutory fees plus one or more of the following:
    • Up to 93 days in jail.
    • Possible probation for up to two years with oversight fees and remedial costs.
    • Up to 360 hours of community service.
    • Driver license restriction for 90 days (180 days if impaired by controlled substance).
    • Possible vehicle immobilization.
    • Four points on driver record.
    • $500 Driver Responsibility Fee for two consecutive years.

Second Offense Within Seven Years

(Any Combination of the First Offense Charges Listed Above)

OWI 2nd (Operating While Intoxicated, Second)

  • $200 to $1,000 fine plus court costs and statutory fees plus one or more of the following:
    • Five days to one year in jail.
    • Probation for up to two years with oversight fees and remedial costs.
    • 30 to 90 days community service.
    • Driver license denial/revocation for a minimum of one year.
    • License plate confiscation.
    • Mandatory vehicle immobilization for 90 to 180 days (unless vehicle is forfeited).
    • Possible vehicle forfeiture.
    • Six points on driver record.
    • $1000 Driver Responsibility Fee for two consecutive years.

OWVI (Operating While Visibly Impaired, Second)

  • $200 to $1,000 fine plus court costs and statutory fees and one or more of the following:
    • Five days to one year in jail.
    • Up to two years of probation with oversight fees and remedial program costs.
    • 30 – 90 days community service.
    • Driver license denial/revocation for a minimum one year.
    • License plate confiscation.
    • Vehicle immobilization 90 to 180 days (unless vehicle is forfeited).
    • Possible vehicle forfeiture.
    • Four points on driver record.
    • $500 Driver Responsibility Fee for two consecutive years.

Third Offense Within Lifetime (Felony)

(Any Combination of any of the charges listed above without regard to degree):

OWI (Operating While Intoxicated)

  • $500 to $5,000 fine, court costs, statutory fees, and either:
    • One to five years imprisonment.
    • Probation with 30 days to one year in jail with oversight fees and remedial costs.
    • 60 to 180 days community service.
    • Driver license denial/revocation for a minimum five years.
    • License plate confiscation.
    • Vehicle immobilization one to three years unless vehicle is forfeited.
    • Possible vehicle forfeiture.
    • Registration denial.
    • Six points on driver record.
    • $1000 Driver Responsibility Fee for two consecutive years.

OWVI (Operating While Visibly Impaired)

  • $500 to $5,000 in fines, and either:
    • One to five years in prison.
    • Probation with 30 days to one year in jail.
    • 60 to 180 days community service.
    • Driver license denial/revocation for a minimum of five years.
    • License plate confiscation.
    • Vehicle immobilization one to three years unless forfeited.
    • Possible vehicle forfeiture.
    • Registration denial.
    • Four points on driver record.
    • $500 Driver Responsibility Fee for two consecutive years.

OWI/OWVI/OWPD/DWLS Causing Death/Serious Injury (Felony)

  • Death: Up to 15 years imprisonment OR $2,500 to $10,000 fine, or both.
  • Injury: Up to five years imprisonment OR $1,000 to $5,000 fine, or both.
  • Emergency Responder Death: Up to 20 years imprisonment OR $2,500 to $10,000 fine, or both.plus:
    • Driver license denial/revocation for a minimum of one year.
    • License plate confiscation.
    • Vehicle immobilization up to 180 days unless forfeited.
    • Possible vehicle forfeiture.
    • $1,000 Driver Responsibility Fee for two consecutive years.

Open Intoxicants in a Motor Vehicle

  • Up to a $100 fine.
    • First offense: No action is taken against driver license.
    • Second offense: Driver license is suspended for 30 days/restricted for 60 days.
    • Third offense: Driver license is suspended for 60 days/restricted for 305 days. Alcohol screening may be required. Two points on driver record.

DWLS (Driving While License Suspended)

  • First Offense:
    • Up to $500 fine, up to 93 days in jail, or both.
    • Mandatory additional suspension
    • $500 Driver Responsibility Fee for two consecutive years.
  •  Second Offense:
    • Up to $1,000 fine, up to one year in jail, or both.
    • Mandatory additional suspension.
    • Vehicle may be immobilized for up to 180 days,
    • $500 Driver Responsibility Fee for two consecutive years.
  •  Third Offense:
    • Must have two priors within seven years (misdemeanor), up to one year in jail.
    • Mandatory additional suspension.
    • License plate confiscated.
    • Vehicle immobilized 90 to 180 days.
    • $500 Driver Responsibility Fee for two consecutive years.

Driver Responsibility Fees (Complete List)

***NOTE: Effective October 1, 2018, by Administrative Order all Driver Responsibility Fees are no longer collected for those who have signed up for installment payments. For those who owed these fees in the past who have not signed up for installment payments, this liability may still exist. 

These fees are due not to the Secretary of State, but to the Michigan Department of Treasury. If you do not pay these fees or have a payment plan with them, the Department of Treasury will notify the Secretary of State, and your driver’s license will be suspended. The fees are as follows:

Assessed $1,000 per year for two years:

  • CDL Manufacture/Distribute a Control Substance (1140)
  • Fail to Use Due Care Causing Death of Person Operating Implement of Husbandry (1804)
  • Fail to Use Due Care Causing Injury of Person Operating Implement of Husbandry (1803)
  • Failed to Stop After Personal Injury Accident (1610)
  • Failed to Stop or Identify After Property Damage Accident (1630)
  • Failed to Stop or Identify After Personal Injury Accident Causing Serious Impairment of a Body Function (1600)
  • Failure to Stop or Identify After Personal Injury Accident Causing Death (1605)
  • Failure to Use Due Care and Caution Causing Death of a Construction Worker (1802)
  • Failure to Use Due Care and Caution Causing Injury of a Construction Worker (1801)
  • Failure to Yield For an Emergency Responder Causing Death (1808)
  • Failure to Yield For an Emergency Responder Causing Injury (1807)
  • Fatality Through Negligent or Criminal Operation of a CMV (1405)
  • Felonious Driving (1450)
  • Felony With Auto Used (1440)
  • Felony/Auto Used (1430)
  • Fleeing and Eluding officer 1st Degree – Causing Death (1706)
  • Fleeing and Eluding Officer 2nd Degree – Causing Serious Injury (1707)
  • Fleeing and Eluding Officer 3rd Degree (1708)
  • Fleeing and Eluding Officer 4th Degree (1709) Manslaughter (1400) Murder/Auto Used (1420)
  • Negligent Homicide (1410)
  • Operated Commercial Motor Vehicle with BAC .04 .07 (1230)
  • Operating a vehicle with a blood alcohol level of .08 or more
  • Operated While Intoxicated or While Impaired By Controlled Substance Causing Death (1120)
  • Operated While Intoxicated or While Impaired By Controlled Substance Causing Serious Injury (1130)
  • Operated While Intoxicated or While Impaired By Liquor Causing Death of An Emergency Responder (1035)
  • Operated While Intoxicated or While Impaired By Liquor Causing Serious Injury (1040)
  • Operating While Intoxicated (1025)
  • Operating While Intoxicated or While Impaired Causing Death (1030)
  • ORV – Allowed Person Under Influence Alcohol/Controlled Substance To Operate (8030)
  • ORV – Combined Operated Under Influence Liquor/Controlled Substance (8015)
  • ORV – Combined Operated Under Influence Liquor/Unlawful Bodily Alcohol Content (8025)
  • ORV – Operated Under Influence of Controlled Substance (8010)
  • ORV – Operated Under the Influence of Liquor (8000)
  • ORV – OUIL/OUID/OWI Causing Death (8040)
  • ORV – OUIL/OUID/OWI Causing Serious Impairment of A Body Function (8050)
  • ORV – Unlawful Bodily Alcohol Content (.10) (8020)
  • Snowmobile – Felony/Snowmobile Used (7300)
  • Snowmobile – Operating Under the Influence of Controlled Substance Causing Death (7120)
  • Snowmobile – Operating Under the Influence of Controlled Substance Causing Serious Impairment of A Body Function (7130)
  • Snowmobile – OUIL Causing Death (7030)
  • Snowmobile – OUIL Causing Serious Impairment of A Body Function (7040)
  • Unlawful Driving Away Auto (1500)

Assessed $500 per year for two years

  • Child Endangerment (1150)
  • Combined OWI and Controlled Substance (1220)
  • Drove Commercial Motor Vehicle While Disqualified (3230)
  • Drove While License Suspended/Revoked/Denied (DWLS) (3200)
  • DWLS Causing Death (3235)
  • DWLS Causing Serious Injury (3245)
  • No Insurance Under The Insurance Code (3108)
  • Operated While Impaired By Controlled Substance (1210)
  • Operating While Impaired By Liquor (1200)
  • Operating With Presence of Drugs (OWPD) (1105)
  • Person Under 21 With BAC (1240)
  • Reckless Driving (1800)

Assessed $200 per year for two years (as of May 1, 2004)*

  • No Proof of Insurance (3100)
  • No Insurance (3106)
    *NOTE: Under Public Act 52 of 2004, effective May 1, 2004, “No Proof of Insurance” offenses will not be sent to the Michigan Department of State if the driver can provide proof of insurance prior to the court appearance date on the ticket. Drivers who do not show their proof of insurance will still be charged a fee of $200 for two years. It is the driver’s responsibility to present proof of insurance to the court before the appearance date.

Assessed $150 per year for two years

  • Drove w/o Proper License/Endorsement/Vehicle Group Designator (3020)
  • Drove While License Expired (3220)
  • Drove While Unlicensed or License Not Valid (3010)

Are you or someone you love facing charges related to Michigan’s Open Intoxicant Law?Protect your rights and consider your family member’s future. To discuss your legal options with an experienced Michigan criminal defense attorney, contact our office today.
517-234-0528

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