The 3 Levels of DUI cases in Michigan

    The 3 Levels of DUI cases in Michigan 1024 683 Criminal Defense Attorney | Defense Attorney Grand Rapids, MI | Jerry Lykins Law

    lykins law plc attorney grand rapids miAfter a DUI arrest, people often feel ashamed, hopeless and scared. A drunk driving arrest and later conviction can either suspend or revoke your ability to legally drive a motor vehicle, thus eliminating certain freedoms you once took for granted. A conviction can also impact your personal and professional reputation and mark you as a criminal for life.

    Drunk driving is a serious crime that puts your life in danger as well as the lives of other drivers. However, this does not mean that a legal defense is not available. If you are live in the Grand Rapids area who and you have been charged with drunk driving you should know the following:

    There are three basic levels of drunk driving cases.

    Here is a rundown of the three levels of Drunk Driving cases in Michigan law:

    Operating While Intoxicated 1st Offense (OWI):

    This is broken down into 3 separate types of cases –

    Impaired Driving for bodily alcohol levels less and .08%. This is a 93 day misdemeanor offense with fines up to $300.00, court cost, probation fees and reimbursement to the arresting police agency. Driving privileges are suspended and restricted by the Michigan Secretary of State (SOS) for 90 days. 4 points are added to a driving record. Points drop off of your Michigan driving record after 2 years.

    Operating While Intoxicated 1st Offense for bodily levels between .08% and .16%.  This is a 93 day misdemeanor offense with fines up to $500.00, court costs, probation fees and reimbursement to the arresting police agency. Driving privileges are suspended by the SOS for 180 days with restrictions granted after 30 days to drive to and from and in the course of work, court ordered related activities, serious medical appointments and educational related events. 6 points are added to a driving record.

    Operating with a High BAC, 17% or greater (commonly referred to as Super Drunk) This offense is for bodily alcohol levels .17% or Higher. This is a 180 day misdemeanor offense with fines from $200.00 to $700.00, court costs, probation fees and reimbursement to the arresting police agency. Driving privileges are suspended for 365 days with restricted granted after 45 days with the installation of a Breath Alcohol Ignition Interlock Device. (BAIID) The BAIID must be used consistently during the balance of the 320 days. 6 points are added to a driving record.

    Operating While Intoxicated 2nd Offense:

    If you have two DUIs within a period of seven years, you may face an OWI 2nd Offense. This is a 1 year misdemeanor offense with a requirement of at least 5 days jail and fines from $200.00 to $1000.00, court costs, probation fees and reimbursement to the arresting police agency. Driving privileges maybe Revoked for a minimum period of 1 year. 6 points are added to a driving record. Note, if your driving privileges are Revoked that means you cannot driving again until you have your privileges reinstated by the SOS.

    Operating While Intoxicated 3rd Offense:

    If you have three DUIs within a lifetime you may face an OWI 3rd Offense. This is a 1 to 5 year felony offense with a requirement of at least 30 days in jail if granted probation and fines from $500.00 to $5000.00, court costs, probation fees and reimbursement to the arresting police agency. Driving privileges maybe Revoked for a minimum of 5 years. 6 points are added to a driving record.

    Jerry Lykins is an experienced, reputable, and reliable DUI attorney over 25 years of extensive knowledge in DUI law. His passion for defending the rights of Grand Rapids residents will help you no matter what your circumstances might be.