Driving While Under the Influence

Michigan has two basic levels of drunk driving offenses.

Impaired driving can be any driving that is visibly affected by alcohol. Michigan law presumes that driving is impaired once the driver reaches a blood alcohol level greater than 0.07. However, a person can be convicted of impaired driving with virtually any amount of alcohol in their blood stream. Similarly, OUIL (Operating Under the Influence of Liquor) requires that a driver's ability to operate a vehicle be visibly and substantially impaired or that the driver’s blood alcohol level is above 0.08. Any first offense drunk driving charge is a misdemeanor punishable by up to 93 days in jail. 

Second offense drunk driving. 

Michigan law makes a second offense drunk driving charge  within Seven (7) years, a misdemeanor punishable by up to one year in jail, whether the conviction is for OUIL, UBAL or Impaired Driving. Also, any second offense conviction will bring about a suspension of your driving privileges for a minimum of one year. You will also want to discuss vehicle immobilization issues with your attorney. 

Any third offense within your lifetime is a felony. 

As of January 3, 2007, the legislature amended the law to say that if you have a third offense drunk driving in your lifetime it is now a felony. (Previously it was a third offense within a 10 year period). Under revisions made by the Michigan Legislature in October of 1998, it no longer matters what your prior offense were. (Impaired, OUIL, UBAL, etc...) Under Michiganlaw, all current and prior and alcohol offenses are treated the same. If you are facing a third offense, the possible penalty is five years in prison. Also, any alcohol conviction for a person charged with third offense drunk driving would result in a total loss of driving privileges for at least five years. 

Serious injury or death. 

Michigan has severe penalties for drunk driving cases where a person has been seriously injured or has died as a result. These crimes are treated very seriously by Michigan courts and by the Michigan legislature. Michigan sentencing guidelines require substantial prison time for convictions of these offenses. If you are facing a serious injury or death case, it is vital that you begin immediately to work with a skilled and experienced lawyer.