Drunk Driving, OWI (Operating While Intoxicated), and OWVI (Operating While Visibly Impaired), are all alcohol related driving offenses. Michigan law provides two ways for someone to be convicted of drunk driving. First, a driver can be convicted based on the condition of the driver. If the alcohol you consumed mentally or physically impaired your ability to drive based on your actual driving, the results of your field sobriety tests, and your physical appearance, then you can be found guilty of drunk driving or driving while impaired. There is no bottom limit for a blood alcohol content for this charge.
The second way you can be found guilty of operating while intoxicated (OWI) is if your blood alcohol level is .08 or higher. In Michigan, this is "per se" drunk driving and it has nothing to do with the impairment of your ability to drive; it is based purely on the results of your breath test or blood test. This means that you can be convicted of drunk driving even if your driving skills are unaffected by the consumption of alcohol.
If you are a first time offender and you are found guilty of operating while visibly impaired, you will have to pay Court fines and costs, and possibly costs of probation. You may also have to attend substance abuse classes and/or AA meetings. The Secretary of State will also restrict your drivers license for 90 days. This means you would be able to drive to and from work, medical appointments and substance abuse meetings. The Secretary of State will also assess driver responsibility fees of $500.00 per year for two consecutive years. If you do not pay the fees, Secretary of State will suspend your license until the fees are paid.
If you are a first time offender and you are found guilty of operating while intoxicated, you will have to pay Court fines and costs, and possibly costs of probation. You may also have to attend substance abuse classes and/or AA meetings. The Secretary of State will suspend your drivers license for 30 days and restrict your drivers license for the next 150 days. A restricted license allows you to drive to and from work, medical appointments, and substance abuse meetings. The Secretary of State will also impose driver responsibility fees of $1,000.00 per year for two consecutive years. If you do not pay the fees, the Secretary of State will suspend your license until the fees are paid.
If you are convicted of either Operating While Visibly Impaired or Operating While Intoxicated as a second offense within 7 years of your first alcohol offense, then you again will have Court fines and costs to pay, most likely probation fees and you will be required to attend substance abuse classes and/or AA meetings. There is also a higher likelihood of spending some time in jail. At the time you are sentenced for a second alcohol offense the Court is also required to impound your vehicle for at least 90 days. The Secretary of State will again impose driver responsibility fees and will revoke your drivers license for a minimum of one year. Once your license is revoked, you must wait the one year and then you can request a hearing with the Driver License Appeal Division to request that your license be reinstated. Driving on a suspended or revoked license (DWLS) or proof of driving on a suspended or revoked license (such as an abstracted ticket for "no operator's permit on person") will results in an additional term of suspension being added to the suspension period. Thus, the eligibility date is extended farther out by the Secretary of State upon conviction or proof of DWLS.
You certainly have a right to represent yourself. However, a drunk driving charge requires an expert drunk driving attorney. Someone who is familiar with the analysis methods, evidentiary issues, and constitutional issues which will be faced in a drunk driving trial. Further, the attorney you select must be someone who you have confidence in, who can communicate with you, can communicate with the court, and understands the complex issues presented in a drunk driving case. We have that experience and can work on your behalf with the Court.
Contact Walling & Foster, P.C. to speak with an understanding and qualified attorney for a free consultation.
