Drinking and driving is a category of criminal offenses involving drugs or alcohol and a motor vehicle. Offense can range from misdemeanors to a felonies. Hiring the right Michigan DUI Lawyer makes all the difference.
Scroll down for a list of offenses
The facts and circumstances involved in your particular case will determine how your drinking and driving offense is charged . “Aggravators” such as being accused of causing an accident or having a child in the car can effect what drinking and driving crime you are charged with.
Other factors that can determine the offense are the level of alcohol found in your blood, or they type of drug and whether or not it is a legal or illegal substance.
The number of times you have previously been convicted can also have an effect on the charge being a misdemeanor or a felony drinking and driving.
Below is a list of some common drinking and driving offenses that Michigan DUI Lawyer, Aaron J. Boria defends. Simply click on the heading of each offense to view more information about the criminal offense, elements, defenses, and possible penalties.
Operating While Intoxicated is probably the most common drinking and driving offense that individuals are charged with. Operating While Intoxicated occurs when the driver has a blood alcohol content over the legal limit of .08 (grams per milliliters of blood). The first and second offenses are both misdemeanors.
Operating While Visibly Impaired is the second most common drinking and driving offense our firm deals with on a daily basis. The standard in this case is less than that of OWI, and penalties are less severe. The first and second offenses are both misdemeanors.
The legislature passed a law in 2003 that makes it illegal to have any amount of a scheduled 1 controlled substance (including marijuana) in your system while driving. This is a strict liability offense because of the “any amount” language. A person could have an amount in their system that does not make them drunk or impaired and they could still be found guilty.
Super Drunk is a recently passed drinking and driving offense. If you are found to have a blood alcohol content of .17 of greater (grams per milliliters of blood) you could be charged under the Super Drunk statute. The offense is greater than an Operating While Intoxicated in terms of punishment, fines, etc.
Operating while Intoxicated third offense or any combination of three drinking and driving offenses can result in Felony Drinking and Driving. The fines, and punishments are substantially increased on an OWI Third offense.
Child Endangerment is a drinking and driving offense where the defendant is accused of having a child in the vehicle under the age of 16 years old. The first offense is a misdemeanor but has a more strict punishment than the standard Operating While Intoxicated mentioned above. The second offense is a felony.
In all drinking and driving cases the prosecution must show that the driver was under the influence of alcohol. In order to do that chemical testing is used. Chemical testing can include anything from hand held PBT’s to the DataMaster and blood draw. Click the link above to learn more about chemical testing related to DUI and the consequences of refusing the tests.