DRIVING UNDER THE INFLUENCE
Drinking and driving (DUI) is a category of criminal offenses that involve driving under the influence of drugs or alcohol in the State of Michigan. The most common drinking and driving offense is Operating While Intoxicated. A list of common DUI offenses is on the right side of this web page.
We're here to answer your questions
When you are facing an offense that can impact your life you need an attorney that knows the ins and outs of DUI defense. Michigan DUI Defense lawyer Aaron J. Boria has the real world experience coupled with the legal knowledge necessary to defend against driving under the influence charges.
Unlike most defense lawyers, Attorney Boria has a winning trial record. The majority of our cases result in a dismissal or a reduction. When your future is at stake make sure to choose the lawyer that knows how to get you the best result possible.
For immediate help, call (734) 453-7806
Is drinking and driving a misdemeanor?
Most drinking and driving offenses are misdemeanors, meaning that the maximum jail time is less than one year; however, some drinking and driving offenses can be charged as felonies in cases where there is an injury or a person has prior drunk driving convictions.
What is the penalty for drunk driving?
Every driving under the influence offense has different penalties depending on the severity of the charge.
All driving under the influence offenses carry potential jail time, driver license restrictions, suspensions, or revocation, points added to your driving record, fines, and potential probation for two to five years.
A drinking and driving conviction will be permanently added to your criminal history and driving record.
Entering Canada with a DUI Conviction
If you are convicted for driving under the influence you will have a difficult time crossing the Canadian boarder regardless if it is for work or for pleasure.
In order to cross the Canadian boarder within the first five years of a DUI conviction you will have to have a compelling reason, such as attendance at a funeral, and you will need to apply for a temporary residency permit.
After five years from the completion of your sentence, you can apply for permanent rehabilitation through the Canadian Consulate. After 10 years of your first drinking and driving conviction you will automatically be deemed rehabilitated assuming you have no new convictions.
What are the elements of Operating While Intoxicated?
Every crime is made up of elements that the prosecuting attorney must prove beyond a reasonable doubt. The elements of operating while intoxicated are that the accused operated a motor vehicle, on a public roadway, while impaired by drugs or alcohol.
What are defenses to Operating While Intoxicated?
The prosecutor has the burden to prove the elements of driving under the influence. If the prosecutor cannot prove every element beyond a reasonable doubt then the accused must be found not guilty. If the prosecutor cannot prove that the accused operated the vehicle, or cannot prove that the accused was in an area generally accessible by the public, or cannot prove impairment or intoxication then they are not guilty.
Did the police have a legal reason to stop your vehicle? The police are patrolling the roads looking for suspected drunk drivers, but the police cannot just pull people over at random. If the police pull you over without observing suspected drunk driving, or because you committed a civil infraction, then your Fourth Amendment was violated and the case must be dismissed.
Did the police have a legal reason to arrest you? Even if you were legally stopped by police the burden is on them to show that there was probable cause to arrest you. If the police do not have evidence they can point to that is indicative of drinking and driving then your Fourth Amendment was violated and the case must be dismissed.
Did the police follow proper protocol for chemical testing? Chemical testing comes in the form of blood, breath, or urine testing. The evidence must be gathered properly, there must be a proper chain of custody, and it must be tested properly by reliable testing equipment.
All of these are questions should be discussed in great length with your lawyer.
What happens to my commercial driver license (CDL) and a DUI?
A driving under the influence conviction, for drugs or alcohol, will result in the suspension of your commercial driver license (CDL) for one year, even if you were in a personal vehicle.
A second offense DUI will result in a revocation of your CDL for 10 years.
What happens to my license to carry a weapon and a DUI?
If you are convicted of a DUI offense your license to carry a concealed weapon (CPL) will be suspended for a minimum of three years. After three years of your DUI conviction you can reapply for your CPL.
If you are convicted of second DUI offense your license to carry a concealed weapon will be suspended for a minimum of eight years.
“I was arrested for OWI (first offense) and was referred to Aaron by a friend. I was extremely nervous after reading the penalties related to the charge. Aaron got the charge reduced to an Operating While Visually impaired, which saved me a ton of money and allowed me to keep my license on a restricted basis rather than being suspended, which was huge for me because I commute to school 4 days a week.``
Nick in Novi, Michigan
OWI - Operating while intoxicated
Operating While Intoxicated (OWI) is probably the most common drinking and driving offense that individuals are charged with. Under Michigan law, MCL 257.625, operating while intoxicated is charged when a person’s blood alcohol level is a .08 or above.
A first offense OWI under MCL 257.625(7)(b)(i) is a 93-day misdemeanor, and will result in the suspension of your driver’s license, points added to your master driving record, driver responsibility fees, as well as court fines and costs.
Second Offense OWI is charged when the arrest for the second offense occurs within seven years of a prior driving under the influence conviction. The potential jail time is increased for OWI second carrying a possible year in jail. OWI second also includes mandatory license revocation, license points, vehicle immobilization or vehicle forfeiture, driver responsibility fees, as well as court fines and costs.
Operating While Intoxicated can be beat.
Police will often make an illegal stop of a vehicle or an arrest when they shouldn’t. Additionally, it isn’t uncommon for the police to perform chemical testing improperly. Any of these issues could lead to an OWI dismissal. A person’s medical history can play a factor in defending an OWI. Some juries may be unwilling to convict someone of OWI.
Super Drunk - High BAC .17 or over
What is Super Drunk Driving?
High BAC Greater than .17more commonly referred to as “Super Drunk” is a fairly new drinking and driving offense that became law in 2010. Per MCL 257.625(1)(c) Super Drunk is charged when your blood alcohol level is alleged to be a .17 of greater (grams per 100 milliliters of blood).
What is the Penalty for Super Drunk High BAC Driving?
Per MCL 257.625(9) The offense carries penalties greater than an OWI that include jail time of up to 6 months for a first offense with the loss of your license for an entire year. You would be eligible for a restricted license after 45 days of a hard suspension, but a Breath Alcohol Ignition Interlock Device (BAIID) or blow and go must be installed in the vehicle.
What are the Defenses for Super Drunk High BAC?
As of today, breath testing is not calibrated at a .17 level, which can cause doubt in the minds of jurors. Other defenses applicable to the Super Drunk offense are all of those that would apply to the lesser offense of OWI.
Driving with Drugs - Operating with controlled substance
What is Driving on Drugs charge in Michigan?
Operating with the Presence of a Controlled Substance makes it illegal for a person to operate a motor vehicle with any amount of a scheduled 1 controlled substance in their system, MCL 257.625(8). Prosecution must prove that the active drug was in your system at the time of driving.
Another common drug driving offense is Driving While Impaired by a Controlled Substance.This offense is usually charged when a person is accused of impaired driving due to a prescription like Xanax, Vicodin, or if marijuana is in their system and they have a medical marijuana card. This offense is charged even if your prescription is a valid lawful prescription. The prosecution must prove not only was a drug in your system but also that the drug impaired your ability to drive.
What are the Penalties for Driving on Drugs?
A first offense for driving on drugs carries up to 93 days in jail, a fine of up to $500, 360 hours community service under MCL 257.625(9)(a), and possible vehicle immobilization under MCL 257.904d. Additionally, the secretary of state will add 6 points on your driving record, and your license will be suspended.
A second offense carries a year in jail with mandatory jail time and a third offense is a felony that carries prison time.
What are the Defenses to Driving on Drugs?
Driving on drugs, like any driving under the influence charge, can be defended. The prosecution must prove that a controlled substance was active in your system and they are often trying to do so using complicated measurements with room for error. Other common defenses include a bad stop, a bad arrest, or a bad investigation by police.
Child endangerment - DUI children in the vehicle
- If you were arrested for suspicion of driving under the influence with children in your vehicle under the age of 16 then it is likely that you will be charged with Child Endangerment under MCL 257.625(7)(a).
- To prove Operating While Intoxicated – Child Endangerment the prosecution must prove beyond a reasonable doubt that you were operating a motor vehicle while impaired by liquor or a controlled substance and there was a child, under the age of 16, in your car at the time you were driving.
Operating While Intoxicated – Child Endangerment Penalties
MCL 257.625 (7)(a)(i) makes a first offense Child Endangerment a misdemeanor with a mandatory 5-day minimum jail term and a maximum of up to a year in jail unless the judge orders 30 to 90 days of community service. Fines range from $200-$1000 plus costs and the loss of your license. MCL 257.625(7)(B).
Driving privileges will be suspended for 90 days and restricted for an additional 90 days after the suspension
- A conviction will also result in vehicle forfeiture or vehicle immobilization.
- Second offense Child Endangerment is a felony punishable by 1 to 5 years in prison.
Defending against Drinking and Driving With a Child in the Car
- The same defenses that are available for Operating While Intoxicated, or Operating While Impaired by a Controlled Substance, are available in trial endangerment. A violation of your rights by the police could mean an outright dismissal.
- In many cases where a dismissal isn’t possible or we do not believe we can win at trial we will attempt to reach a deal where the offense is changed. By changing the offense our clients can avoid many of the penalties above.
OWI second offense - operating while intoxicated second offense
What is a Second Offense Drunk Driving?
A second drunk driving offense that occurs within seven years of a first offense can be charged as an OWI second offense.
- This second offense drunk driving enhancement includes the Super Drunk Offense (OWI High BAC >.17), Operating While Intoxicated (OWI), Operating While Visibly Impaired (OWVI), and the Zero Tolerance Minor with a BAC offense, or any combination of these offenses.
- As long as the arrest for the new offense occurs within seven years of the conviction for the first offense the enhanced operating while intoxicated second offense can be charged.
What is the penalty for a 2nd Offense Drunk Driving?
- Under MCL 257.625(11)(b)(i)-(ii), a second offense drunk driving carries significantly increased penalties.
There is now a mandatory minimum jail term of at least 5 days but could be as much as a full year.
- MCL 257.625(b)(i)
- The minimum fine for a second offense drunk driving is $200 and the maximum fine is up to $1,000.00 plus costs. MCL 257.625(b)
- Mandatory community service requires that at least 30 to 90 days be completed. MCL 257.625(b)(ii)
- As a collateral consequence, MCL 257.625n, requires that the vehicle be forfeited or immobilized under MCL 257.904d.
- Finally, as another collateral consequence, the person’s driver license is revoked under MCL 257.303. A driver license revocation means that the person loses all driving privileges; there are no hardships or restrictions allowed.
Drinking and Driving Second Offense Defense
- There are defenses to a second offense drunk driving just like any other drinking and driving offense.
- Even if there is no defense to your case it may be possible to get a reduced offense in order to avoid the harsh penalties listed above.
OWI lawyer Aaron J. Boria has saved countless people facing a drunk driving second their driver license, kept them out of jail and saved their vehicle from forfeiture.
Felony OWI - Felony Drunk Driving
Operating While Intoxicated Third Offense is a felony. In 2006, Michigan’s Drunk Driving law was amended to make any third offense OWI in a person’s lifetime a felony regardless how much time has passed since prior offenses.
Penalties for OWI third are a fine of $500-$5000 plus costs, 1 to 5 years in prison, or a minimum 30 days jail with 60 to 180 days community service, vehicle immobilization, driver license points and driver responsibility fees. A third offense OWI
will also result in the driver license being suspended or revoked.
Felony OWI is more common than you would think. Drinking and driving is probably the only criminal offense that you can make an effort not to break and still be charged with, after all, you are legally allowed to drink and drive, it’s illegal to be over the limit while driving. Graduation parties, work parties, anniversaries, celebrations, and having a drink or two with a friend can result in an operating while intoxicated charge. Many people believe that alcohol metabolizes in the body one drink per one hour. However, there are so many more factors and the rate is truly different for every person.
Like all driving under the influence offenses OWI third can be fought. Any defense that would apply to misdemeanor driving under the influence would apply to felony driving under the influence. As a DUI defense lawyer, we look to see if we can challenge the stop, challenge the arrest, challenge the chemical testing, and challenge the prosecutor’s ability to meet the elements of the charge.
Zero Tolerance - Minor BAC
What is minor driving with a BAC?
Zero Tolerance or Minor with a BAC is the offense charged when a minor is accused of driving with a blood alcohol level.
- Michigan law, MCL 257.625(6), makes it illegal for a person less than 21 years of age, to operate a motor vehicle, while having the presence of a bodily alcohol.
- If the minor has a blood alcohol level of .08 or higher they will likely be charged with Operating While Intoxicated.
What is the penalty for a minor accused of drinking and driving?
The penalty for a minor operating with any BAC is up to 360 hours of community service, $250 fine, cost of prosecution, and rehabilitative programs, MCL 257.625(b)(5). A second offense minor with any BAC is punishable by up to 93 days in jail, 60 days community service and a fine of $500 plus costs.
What are minor driving with a BAC defenses?
Along with the common defenses to drinking and driving, minor with a BAC has an additional defense under MCL 257.625(23) that allows defendant to provide evidence that the alcohol was consumed as part of a recognized religious ceremony.
There is a constitutional right to a jury trial for minor with BAC and that right was upheld in People v Antkoviak, 242 Mich App 424 (2000).
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