A Michigan OWI/DUI is a serious offense in Michigan, and understanding the laws and defenses is crucial for those facing this charge. An OWI conviction can have severe consequences, including license suspension, fines, incarceration, and even potential employment loss. This comprehensive guide provides valuable information to help individuals navigate Michigan OWI/DUI laws and either mount a strong defense or work to have the severity of the charge dismissed and reduced.
What is the difference between DUI, OWI, and DWI in Michigan?
In Michigan, the specific charge for drunk driving is Operating While Intoxicated (OWI). However, other terms such as Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are also commonly used in other states. The key factor is that the individual was operating a motor vehicle while under the influence of alcohol or drugs, regardless of the specific terminology used.
The state of Michigan prohibits operating a motor vehicle with a blood alcohol content (BAC) of .08 or higher, and is subject to an arrest and potential conviction. The legal limit in Michigan also applies to drugs which can impair driving ability such as marijuana and other controlled substances. It’s important to keep in mind that the BAC limits for minors (under 21) are much lower, .02, and it’s illegal for them to drive with any alcohol in their system.
Michigan law prohibits operating a motor vehicle in public while under the influence of alcohol or drugs. It’s important to note that an individual can be charged with OWI even if the vehicle is parked, as long as they have “control” of the vehicle. Intoxication can be determined by being under the influence of alcohol or other intoxicating substances or having a blood alcohol content (BAC) at or above the legal limit.
What the prosecutor needs to prove.
Michigan OWI/DUI Penalties
The penalties for OWI/DUI offenses in Michigan vary depending on factors such as the number of prior convictions, BAC level, or injuries. Here is an overview of the potential penalties:
1st Offense OWI (BAC Under .17)
- Fine: $100 to $500
- Possible jail time of up to 93 days
- Community service of up to 360 hours
- 30-day license suspension followed by license restrictions for 150 days
- Possible vehicle immobilization
- Possible ignition interlock device requirement
- Six points added to driving record
1st Offense OWI With High BAC (BAC .17 Or Higher)
- Fine: $200 to $700
- Possible jail time of up to 180 days
- Community service of up to 360 hours
- License suspension for a minimum of 1 year, with possible restricted driving after 45 days
- License plate confiscation
- Six points added to the driving record
- Interlock Requirement
2nd Offense OWI
- Fine: $200 to $1,000
- Possible jail time of up to 1 year
- Community service of up to 90 days
- License revocation for a minimum of 1 year, with a 5-year minimum for prior revocation within 7 years
- License plate confiscation
- Vehicle immobilization for 90 to 180 days
- Possible vehicle forfeiture
- Six points added to driving record
3rd Offense OWI (Felony)
- Fine: $500 to $5,000
- Possible imprisonment for 1 to 5 years
- Possible jail time of 30 days to 1 year with probation
- Community service of up to 180 days
- License revocation for 2 prior convictions within 7 years or 3 convictions within 10 years
- License plate confiscation
- Vehicle immobilization for 1 to 3 years
- Possible vehicle forfeiture
- Vehicle registration denial
- Six points added to driving record
Learn more details about Michigan Felony Drunk Driving and what you need to know about OWI Third.
Do the keys have to be in the ignition for me to be charged with actual physical control in Michigan?
The presence or location of keys is not a legal standard for determining actual physical control of a vehicle in Michigan. The prosecutor must show that the individual had the ability to control the motor vehicle. This includes situations where the keys are within reach or if the person had the ability to operate the vehicle at any point. Factors such as the location and position of the keys, statements made, and other evidence are considered in determining whether someone is charged or convicted of drunk driving at a trial.
The term “operation” can be broader than just actively driving the vehicle. It can also include situations where an individual is in the driver’s seat with the ability to control the vehicle’s movement, even if the vehicle is stationary or not moving at the time. For example, if someone is found sitting in the driver’s seat with the engine running and the keys in the ignition, they could potentially be considered to be in “operation” of the vehicle even if they were not actively driving.
It’s important to note that legal interpretations can vary, and the specific circumstances of each case can influence whether someone is considered to be in “operation” for the purposes of OWI charges in Michigan. If you’re facing OWI charges or need legal advice, it’s recommended to consult with an attorney who is knowledgeable about Michigan’s laws and regulations.
20 Additional Facts About Michigan OWI Arrests
OWI/DUI Traffic Stops
A DUI case often begins with a traffic stop by law enforcement. Constitutional protections guard against unlawful traffic stops, requiring police officers to have reasonable and articulable suspicion to stop a motor vehicle. If an officer makes an unlawful traffic stop, evidence obtained after the stop may be suppressed.
After a traffic stop, officers may investigate further to determine whether the driver is impaired by alcohol or drugs. This investigation often includes field sobriety tests and chemical tests, such as breathalyzers. If the officer believes there is probable cause to arrest for driving under the influence, a DUI charge will be filed.
At this stage of a DUI case, it is important to seek legal advice from an experienced Michigan DUI attorney. A lawyer can review the evidence and advise a defendant on their rights under the law. In some cases, they may be able to challenge the police officer’s probable cause determination or offer other defenses against a DUI charge.
It is also possible for prosecutors to consider alternative charges or reduced penalties in certain cases. A Michigan DUI attorney can negotiate with prosecutors and discuss the possibility of a plea agreement, which might include reduced charges or lesser penalties.
It is important to remember that every case is unique and there is no one-size-fits-all approach to defending against a DUI charge. An experienced Michigan DUI lawyer will be able to provide advice tailored to the individual circumstances of the case. They will be able to discuss the best possible defense strategies and explain the risks associated with each option.
Unconstitutional intrusions, such as patrolling bar parking lots without reasonable suspicion, should be condemned. It is crucial to understand your rights during a traffic stop and to consult with an experienced DUI defense attorney who can challenge the legality of the stop if necessary.
Field Sobriety Tests (FST)
During a Michigan OW/DUI investigation, law enforcement officers may administer field sobriety tests (FSTs) to assess a person’s level of impairment. These tests include reciting the alphabet, counting, one-legged stand, walk-and-turn, and other evaluations. Understanding the limitations and potential issues with FST is crucial for building a strong defense. It is important to note that FST results can be influenced by various factors, such as physical conditions, nervousness, or fatigue. Challenging the accuracy and reliability of field sobriety tests is a key defense strategy in DUI cases.
There can be various challenges associated with these tests, which can affect their accuracy and reliability. Some common challenges to field sobriety tests include:
- Physical Conditions: Certain medical conditions, injuries, disabilities, or even natural lack of coordination can affect a person’s ability to perform FSTs accurately. These conditions can lead to false indications of impairment.
- Nervousness or Anxiety: Being stopped by the police and asked to perform tests can make anyone nervous or anxious, which might impact their performance on the FSTs. Nervousness can be misinterpreted as signs of impairment.
- Environmental Factors: Field sobriety tests are often conducted in various environmental conditions, such as uneven surfaces, poor lighting, adverse weather, and distracting traffic. These factors can hinder a person’s ability to perform the tests correctly.
- Age and Physical Fitness: Age and physical fitness can influence a person’s balance and coordination, which are often assessed in FSTs. Older individuals or those with physical limitations might have difficulties even when sober.
- Improper Administration: Field sobriety tests need to be administered correctly to yield accurate results. If an officer does not follow the standardized procedures or fails to provide proper instructions, the test results might be unreliable.
- Language Barriers: If the driver and the officer do not share the same language, misunderstandings or miscommunications can affect the driver’s ability to perform the tests as intended.
- Lack of Baseline Data: Officers might not have prior knowledge of an individual’s natural physical abilities and coordination, making it difficult to determine whether observed performance deviations are due to impairment or individual differences.
- Variability in Human Performance: Even when sober, individuals can exhibit variations in balance and coordination. Factors like fatigue, stress, and distractions can influence test results.
- Subjectivity of Observation: FSTs are often subjectively evaluated by the arresting officer. This subjectivity can lead to differing interpretations of performance and potentially bias in judgment.
- Inadequate Training: Officers who administer FSTs need proper training to correctly interpret the results. Without adequate training, an officer might misinterpret signs of impairment.
Learn why sober people fail field sobriety tests.
Because of these challenges, the results of field sobriety tests might not always be a reliable indicator of a person’s level of impairment. If you’ve been charged with a DUI or DWI based on field sobriety tests, it’s advisable to consult with an attorney who specializes in DUI defense to explore potential weaknesses in the case.
Michigan OWI/DUI Legal Defenses
Mounting a strong defense against DUI charges requires a thorough understanding of legal defenses available in Michigan. Some common defenses include:
Unlawful Traffic Stop
Challenging the legality of the traffic stop is a crucial defense strategy. If the police officer lacked reasonable suspicion or probable cause to initiate the stop, any evidence obtained after the stop may be suppressed. This means the evidence cannot be used in court. Additionally, statements made by the accused during such an illegal stop may also be suppressed. An experienced criminal defense attorney can review all of the details from your traffic stop and determine if the police violated any of your constitutional rights. If so, they can mount a successful challenge to have any illegally obtained evidence suppressed. This may be the difference between a dismissed case and a conviction. It is important to contact an experienced attorney as soon as possible if you believe your traffic stop was illegal. They can help protect your rights and build the strongest defense possible for your case.
No matter how minor the charge, it is important to take any criminal offense seriously – and to know that you have rights. Experienced criminal defense attorneys can help protect those rights during all stages of the legal process, including at your initial traffic stop. They will review the details of your case and work with you to develop a strategy for achieving the best possible outcome.
When police officers make an illegal traffic stop, it is important to remember that any evidence collected during the stop may not be admissible in court. An experienced attorney can help you challenge these types of violations and ensure that your rights are upheld throughout the process. Contacting a criminal defense attorney is an important step in protecting your rights and ensuring that justice is served.
Lack of Probable Cause for Arrest
In order to make a warrantless arrest, a police officer must have probable cause to believe that a crime has occurred. Challenging the officer’s basis for probable cause can lead to the dismissal of charges or suppression of evidence. If you have been arrested without a warrant, contact one of our experienced Michigan criminal defense attorneys to discuss your rights and options. We can help determine the legality of the arrest and move forward with crafting a legal strategy for your case.
Operating Requirement
Under Michigan law, the prosecution must prove that the defendant was “operating” the vehicle at the time of the offense as defined by case law. If it can be shown that the defendant was not operating the vehicle or did not have the intent to operate it, it can weaken the prosecution’s case.
Faulty Chemical Tests
Challenging the accuracy and reliability of chemical tests, such as breathalyzer or blood tests, can be a powerful defense strategy. Improper administration, calibration issues, or other errors can lead to the suppression of test results.
breathalyzer test results can be challenged in court, and there are several factors that can contribute to the challenges. Some of the common ways breathalyzer test results can be challenged include:
- Accuracy and Calibration: Breathalyzer devices need to be regularly calibrated and maintained to ensure accurate results. If the device used to test a person’s breath was not properly calibrated, it could lead to inaccurate readings that can be challenged in court.
- Procedural Errors: Law enforcement officers must follow specific procedures when administering breathalyzer tests. Any deviation from these procedures, such as failure to observe the individual for a required period before the test, can cast doubt on the validity of the results.
- Machine Malfunction: Breathalyzer machines are not infallible. Technical malfunctions, software glitches, or hardware issues can lead to incorrect readings. If there’s evidence that the machine was not functioning properly at the time of the test, the results can be challenged.
- Medical Conditions: Certain medical conditions or factors, such as gastroesophageal reflux disease (GERD) or the presence of mouth alcohol, can lead to false positive readings on a breathalyzer. This can be used as a defense if there’s reason to believe that a medical condition influenced the test results.
- Rising Blood Alcohol Content (BAC): Alcohol takes time to be absorbed into the bloodstream. If a person has recently consumed alcohol, their BAC might still be rising at the time of the breathalyzer test. This can lead to higher readings than what their BAC was while driving, potentially providing grounds for challenge.
- Interference from External Substances: Substances like mouthwash, breath fresheners, or even residual alcohol from certain foods can interfere with breathalyzer results, leading to inaccurate readings.
- Officer’s Training and Observation: The law enforcement officer administering the breathalyzer test must be properly trained to use the device and observe the individual during the testing process. Any mistakes or discrepancies in this process can be raised as challenges in court.
- Chain of Custody: Proper handling of evidence is crucial in legal proceedings. If there are gaps or inconsistencies in the chain of custody of the breathalyzer test results, it can be grounds for challenging the evidence’s reliability.
Challenging breathalyzer test results requires a strong understanding of both the technical aspects of the devices and the legal procedures involved. If you believe your breathalyzer test results were inaccurate or improperly obtained, it’s important to consult with an experienced DUI defense attorney. They can review the details of your case, identify potential challenges, and help build a defense strategy tailored to your situation.
Violation of Constitutional Rights
If law enforcement violated the defendant’s constitutional rights during the investigation or arrest, it can lead to the exclusion of evidence or even the dismissal of the case. Examples include violations of the Fourth Amendment (unreasonable search and seizure) or the Fifth Amendment (right against self-incrimination).
Conclusion
Facing drunk driving charges can be daunting, but understanding Michigan’s OWI/DUI laws and defenses is crucial for building a strong defense. This comprehensive guide provides valuable information about Michigan’s DUI laws, penalties, and defense strategies.
If you are facing DUI charges, it is important to consult with an experienced OWI/DUI defense attorney who can provide personalized guidance and aggressively advocate for your rights. Learn how Czarnecki & Taylor win drunk driving cases.
Remember, the information provided in this guide should not substitute professional legal advice, and seeking assistance from a qualified attorney is highly recommended.
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If you are facing an OWI charge we can help you. Unlike most criminal firms, Czarnecki & Taylor’s ability to handle complex cases that require specialized knowledge and experience is hard to beat. Our firm’s impressive track record for success and aggressive Michigan criminal defense is unparalleled for achieving exceptional results.
Czarnecki & Taylor PLLC’s experienced attorneys will handle your case with care and help you through every step of the process. For a free consultation, call us today at (586) 718-2345 or online for a prompt response. We are available 24/7 and have weekend and evening appointments.
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