Operate While Intoxicated or Impaired
Attorneys use the label "DUI" loosely as a catchall when referring to all of the offenses associated with operating a vehicle while under the influence of alcohol or drugs. DUI is merely a convenient way to refer to the following specific types of DUI Alcohol Offenses and DUI Drug Offenses as they may appear on your legal papers or Secretary of State record:
- OWI w/High BAC: BAC .17 or more
- Super Drunk: Same as above, OWI w/High BAC
- OWPD: Presence of a Schedule 1 drug, marijuana, cocaine
- OUID: Under the influence of other drugs (prescription drugs)
- OWI: While intoxicated w/BAC of .08 to .16
- OWVI: While Visibly Impaired (threshold BAC not required)
- Zero Tolerance: Minor (under age 21) w/BAC .02
BAC is another commonly utilized abbreviation in connection with DUI cases. When you see "BAC" on legal documents (court documents, ticket, test results, temporary license), it means Blood Alcohol Content.
The Big 3 DUI FAQ: Can a DUI be dismissed? Jail? Will there be a trial?Our experienced DUI lawyers practice extensively in the Metro Detroit Courts and can give you a fairly accurate prediction of what to expect if you are charged with any DUI case in Oakland County, Macomb County, St. Clair County and Wayne County. Before we go into details about DUI penalties, here are a few of the most pressing questions that we get asked by those charged with DUI:
Can you Get a DUI Dismissed?Without exception, anyone charged with a DUI wants to get it dropped or amended to a non-drinking offense such as "careless driving". Realistically, a DUI is rarely dropped down to a non-drinking or non-criminal offense. Statistical information regarding DUI convictions is compiled by the Michigan State Police for each court. The following statistics are derived from the 2017 MSP DUI Audit regarding DUI cases reduced to a non-alcohol offense in a cross section of Metro Detroit courts with a historically high number of DUI cases:
- 36th District, Detroit: 0 reduced to a non-alcohol offense.
- 37th District, Warren: 0 reduced to a non-alcohol offense.
- 41A District, Shelby, Macomb Township, Utica: 319 DUI convictions, 5 reduced to a non-alcohol offense.
- 41B District, Clinton Township, Mt. Clemens, Harrison Township: 250 DUI convictions, 5 reduced to a non-alcohol offense.
- 53-4 District, Troy: 391 convictions for a driving under the influence offense, 1 reduced to a non-alcohol offense.
The question of "jail time" causes our clients the most anxiety and stress and we try to cover it as soon as possible. The following is a partial list of factors that a judge considers when imposing a sentence for a DUI:
- Prior record of the offender
- Age of prior criminal offenses
- Aggravating circumstances (injury to another person)
- Blood alcohol content
- Compliance with bond conditions before sentence
In general, with the exception of maybe 1 or 2 judges in the entire Metro Detroit area of Macomb, Oakland, Wayne and St. Clair, jail is not imposed for a first time DUI conviction. A first time DUI offender, even with minor past offenses, is looking at a period of probation, possible random testing, possible counseling and fines/costs +/- $1,500.00. Second offenders may not be so lucky but jail can also be avoided for offenders that are proactive with AA, counseling or enter into a Sobriety Court Program. Jail cannot be avoided upon conviction of felony DUI 3rd lifetime offense but we are often able to get it under control with a judicial plea agreement to the minimum sentence (30 days jail with community service) which is dependent upon several circumstances such as injury to others, prior felony record etc.
Will There be a Trial?Pursuant to the 6th Amendment of the United States Constitution, the accused party in any criminal matter has a trial by jury. In determining whether or not to demand a trial, our drunk driving defense lawyers will make recommendations based upon various factors. Since trials can be expensive and risky, the client is always given the final word. Here are a few legal considerations that we explore when discussing the option of trial with our clients:
- Whether the prosecutor can prove the case beyond a reasonable doubt.
- Review of DUI major components: operation of vehicle, legality of traffic stop and impairment or intoxication.
- Whether the prosecutor has made a reasonable plea bargain or has been tough on negotiations and there is nothing to lose by going to trial.
- Whether aggravating circumstances will be brought up at trial making things worse for the accused party.
- Whether the jury will be given instructions to consider a verdict for a lesser offense such as "impaired driving".
In reality, the odds of a DUI case going to trial are remote. Statistics for the entire United States indicate that 90% of all criminal cases are resolved by plea bargaining. Plea bargaining is also used extensively by criminal defense lawyers and prosecutors in the counties of Macomb, Oakland, St. Clair and Wayne. For the most part, plea bargains usually, but not always, mean a reduction from the original charge to a lesser more acceptable one. The idea of being put in a better position and saving the expense and risks associated with a trial is hard to turn down in most cases.
Penalties for DUI 1st, DUI 2nd, DUI 3rd & Causing Death or InjuryThe following penalties are associated with DUI convictions in Michigan. Driver license sanctions (consisting of revocation, suspension and/or restrictions) and points are mandatory and imposed by the Michigan Secretary of State only after a conviction is entered by the court. For misdemeanor offenses, the court may impose a maximum period of 2 years probation. For felonies, the court may impose a maximum period of 5 years probation.
First Offense OWI with High BAC (.17 or more)License Action | Suspend 45 days, restrict 320 days with BAIID |
Max Jail | 180 days |
Max Fine | $200 to $700, plus costs |
Immobilization | Possible |
Comm Service | Up to 360 hours |
Points | 6 |
License Action | Suspend 30 days, restrict 150 days |
Max Jail | 93 days |
Max Fine | $500, plus costs |
Comm Service | Up to 360 hours |
Immobilization | Possible |
Points | 6 |
License Action | Restricted for 90 days |
Max Jail | 93 days |
Max Fine | $300, plus costs |
Comm Service | Up to 360 hours |
Immobilization | Possible |
Points | 4 |
License Action | Restricted for 30 days |
Max Jail | None |
Max Fine | $250, plus costs |
Comm Service | Up to 360 hours |
Points | 4 |
License Action | Indefinite revocation for minimum 1 year |
Max Jail | 5 days to 1 year |
Max Fine | $200 to $1000, plus costs |
Comm Service | 30 to 90 days |
Immobilization | 90 to 180 days unless forfeited |
License Plate | Confiscated |
Points | 6 for OWI, 4 for Impaired |
License Action | Indefinite revocation for minimum of 1 year |
Max Jail | 1 to 5 years in prison or, 30 days to 1 year in jail w/probation |
Max Fine | $500 to $5000, plus costs |
Comm Service | 60 to 180 days |
Immobilization of vehicle | 1 to 3 years unless forfeited |
License Plate | Confiscated |
Registration | Denied |
License Action | Indefinite revocation for minimum 1 year |
Max Jail | 5 years |
Max Fine | $1,000 to $5,000, plus costs |
Immobilization of vehicle | up to 180 days unless forfeited |
License Plate | Confiscated |
Vehicle Forfeiture | Possible |
License Action | Indefinite revocation for minimum 1 year |
Max Jail | 15 years |
Max Fine | $2,500 to $10,000, plus costs |
Comm Service | 30 to 90 days |
Immobilization | Up to 180 days unless forfeited |
License Plate | Confiscated |
Vehicle Forfeiture | Possible |
There are numerous sanctions and penalties associated with DUI cases that do not apply to other crimes. These sanctions are given more attention within a page dedicated to: DUI SOS and Court Sanctions.
DUI Defense Lawyers: Email or Call for Free Consultation
Macomb County, Oakland County, Wayne County & St. Clair County
EMAIL or CALL Abdo Law for a FREE CONSULTATION. Phone messages after business hours are forwarded to our attorneys. We offer same day, evening, weekend appointments and the ability to retain us over the internet. Payment plans and all credit cards accepted.
CALL: Metro Detroit: 586-412-5555