Plate Confiscation, Vehicle Forfeiture and Immobilization
We have dedicated another website page with a list of penalties associated with a DUI. On this page, we explain some of those penalties and sanctions in greater detail.
There are a number of sanctions and penalties associated with DUI cases beyond the typical criminal penalties of possible jail, probation and fines. Many sanctions are mandatory and must be imposed by the Secretary of State or the court upon conviction. DUI cases can be complex with various layers of penalties that are not well understood. The following is a list of sanctions that are possible with respect to DUI cases that do not apply to other any other criminal matters.
Call ABDO LAW if you are charged with driving under the influence of alcohol or drugs in any Metro Detroit Court located in the counties of Macomb, Oakland, St. Clair and Wayne. Phone: 586-412-5555 or Toll Free: 844-Got-ABDODestruction of license upon being arrested with any DUI
Pursuant to Michigan law, the police are instructed to destroy the physical driver's license of a person charged with any DUI. The accused party is given a "paper license" to use as identification while the DUI case is pending. Driving is permitted while a DUI is pending in the courts. However, the Secretary of State will order revocation, suspension and/or restrictions after a finding of guilt or conviction. The license penalties imposed following a conviction will vary depending upon the particular offense that is abstracted on the offender's record.BAIID: Breathalyzer Ignition Interlock Device
Mandatory for OWI with High BAC: The BAIID, Breathalyzer Ignition Interlock Device, is mandatory if a person is conviction of OWI with a High BAC of .17 or more. The statutory suspension for OWI with a High BAC is: no driving for the first 45 days, followed by a restricted license (work, school, substance abuse programs) for a period of 320 days with a BAIID installed on the vehicle of the offender. Our DUI defense lawyers have an opinion that the .17 cutoff is arbitrary and the BAIID requirement for those convicted of an OWI with a High BAC does nothing more than create a huge expense, embarrassment and inconvenience. There is no such requirement for those convicted of operating a vehicle with the presence of hard drugs such as heroin or cocaine.
Discretionary for Other DUI Cases: The BAIID requirement is only mandatory for those convicted of DUI with a High BAC. However, the court may order the BAIID in its discretion as a sentence condition for any DUI or impaired driving offense, including first time offenders with a low blood alcohol content.Vehicle Immobilization (Court Sanction)
Vehicle immobilization is imposed at the time of sentencing, and begins after any jail sentence. Immobilization applies to the vehicle involved in the violation at the cost of the defendant and can be waived if the court finds that the defendant is not on the title with the innocent owner and the innocent owner did not knowingly allow the defendant to operate the vehicle. Although vehicle immobilization is not a Secretary of State sanction, the court is required to impose immobilization when a person is convicted as a repeat offender;
|First OWI or Impaired||Discretionary|
|Second OWI within 7 Years||90 to 180 days, unless forfeited|
|Third OWI (Felony)||1 to 3 years, unless forfeited|
A vehicle may be forfeited as a sentencing provision by the Court with respect to certain drinking and driving cases. Vehicle forfeiture applies only to the drunk driver who owns the vehi¬cle. If the drunk driver is a partial owner, then the proceeds derived from a disposition of the vehicle are split between and the innocent co owner, after the secured party and the costs of the forfeiture are satisfied. Transfer of a vehicle with the intent to avoid forfeiture is a felony punishable by a maximum of 4 years $2,000.00 fine, or both.
Macomb County DUI Vehicle Forfeitures: In Macomb County, vehicle forfeitures rarely occur unless the offender is facing DUI-OWI Second Offense or DUI-OWI Third offense. The present policy by the Macomb County Prosecutor is to declare an intent to forfeit a vehicle involved in a DUI and allow the offender an opportunity to settle the matter for a lump sum. The settlement option gives the party a deadline to pay or lose the vehicle entirely. The Macomb County Prosecutor typically settles these matters for $900.00 to $1,800.00. By entering into a settlement, the vehicle will be released with the requirement of paying additional towing and impound fees.License Plate Confiscation
Law enforcement is required to destroy the vehicle license plate, including the plate on a leased vehicle or of an innocent owner, for a repeat alcohol or drug violation while operating a vehicle or a third violation for driving while suspended or revoked. A paper plate is issued and it expires when the underlying plate expires. The paper plate must be renewed at a branch office. At the time of adjudication of the court case, the owner may obtain a new metal plate, if otherwise eligible.Registration Denial
Repeat violators with multiple alcohol convictions or driving while suspended/revoked, are not eligible to register a vehicle. While subject to registration denial it is a crime to purchase, lease or otherwise acquire a motor vehicle. Upon registration denial, you will be unable to make any registration, renewal, sale or transfer to all vehicles owned or co-owned by persons suspended or revoked. Registration denial ends when a person is eligible to obtain a driver's license.
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 or Toll Free: 844-Got-Abdo