In the article entitled What Do I Do On My First Pull Over That Could Lead to DUI Charges in Michigan we have discussed the things that you need to do in case you are pulled over. For the next part of the series, let us look at how being pulled over can lead to a DUI charge and the laws of Michigan.
Here at Haque Legal, it is our goal to make sure that you can have the best kind of information possible that can help you protect your rights at a time when we cannot yet be there to help you out.
How does being pulled over lead to a DUI charge in Michigan?
Being pulled over may lead to a DUI charge in Michigan simply when you have been proven to be driving under the influence or when the driver is under suspicion that you are under the influence.
What are the laws regarding driving under the influence in Michigan?
Now that you know how being pulled over could lead to a DUI charge by making the mistakes that we have listed in the previous article, let us move forward. What are the laws in Michigan regarding driving under the influence? What are the things that you should know to prevent getting pulled over or getting charged once you are pulled over? We will explain this as simply as we can.
Definitions
The first thing that you should know is the meanings behind the different acronyms. The National College for DUI Defense provided the following definitions on the common acronyms that you face relating to DUI charges.
“OWI – Operating While Intoxicated, the “drunk driving law”. can be proven in either of two ways: the driver was “operating under the influence of liquor” or the driver was operating with an unlawful body alcohol level. CJI2d 15.1. (All references to “CJI2d” are to the Criminal Jury Instructions, second edition.)
OUIL – Operating Under the Influence of Liquor, this looks at the quality of the driving. Requires that an operator’s ability to operate a motor vehicle in a normal manner was “substantially lessened” as the result of drinking alcohol. CJI2d 15.3(2)
UBAL – Unlawful Body Alcohol Level, this looks at the amount of alcohol in a person’s breath, blood, or urine. The defendant was operating the vehicle with a body alcohol level of 0.08 grams of alcohol or more per 100 milliliters of blood/210 of breath/67 milliliters of urine. CJI2d 15.3(1)
OWVI – Operating With Visibly Impaired, the defendant was operating the vehicle with less ability than would an ordinary careful driver due to drinking alcohol. CJI2d 15.4
PER SE – A different way of referring to UBAL.
OUID – Operating under the Influence of Drugs, the defendant was operating the vehicle with less ability than would an ordinary careful driver due to the driver being under the influence of a controlled substance or a combination of alcohol and a controlled substance.”
Now that you know the definitions, let us look at the law.
The Ultimate Provision
It is Section 257.625 of the Michigan Vehicle Code that is the controlling code when it comes to OWI violations in Michigan. In the law, it was provided that “it is illegal to “drive or be in actual physical control of any moving vehicle while intoxicated.”
Being intoxicated or under the influence does not necessarily just mean alcohol it also covers any intoxicating substance or any control of the substance or a combination of both.
It is my first time being pulled over for a possible DUI, will I go to jail?
You can spend time in jail even if you do not have any prior convictions or operate a motor vehicle under the influence. You may face possible jail time and you may also face possible problems with a fine or community service.
To be clear, you could face the following:
- You may face imprisonment of up to 93 days in jail, a $500 fine, and 360 hours of community service, depending on your blood alcohol content if it is below 0.17 at the time of the offense.
- You may also face imprisonment of up to 180 days in jail, a $700 fine, and 360 hours of community service for those with a blood alcohol content of .17 or higher at the time of the offense.
Other than being required to pay a fine and getting jail time, there are also some other possible consequences that you must deal with.
Suspension and restriction of driver’s license
You may get your driving privileges suspended for at least 30 days or up to 45 days. As have been stated on numerous occasions driving in Michigan is a privilege and it can easily be revoked and suspended at any given time especially if you violated the rules on OWI.
After the mandatory suspension, there is also a qualification for a restricted license that will allow you to get to work so that you can operate your vehicle when you are on your way to work.
Higher Insurance Premiums
If you are going to be conducted with an OWI, you should also expect to pay higher insurance premiums. Six points will be added to your record and this could increase your insurance premium payments exponentially.
Other consequences are attached to a DUI charge but these are the ones that should make you very careful.
Disclaimer:
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If it is your first time getting pulled over and you think that your rights have been trampled on, call our Southfield criminal defense lawyers immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.
The post How does being pulled over lead to a DUI charge in Michigan? Part Two: The Laws of Michigan appeared first on Haque Legal.