Michigan drunk driving laws to defend against a drunk driving charge
In Michigan, the main drunk driving charge is known as operating while intoxicated (OWI). You are charged with drunk driving if you are given a ticket with this acronym written on it. Other relevant acronyms include operating under the influence (OUI), operating under the influence of liquor (OUIL), driving under the influence of liquor (DUIL), operating while visibly impaired (OWVI) and unlawful bodily alcohol content (UBAL). OWI is the most severe offense of all the probable drunk driving crimes. Consult with Michigan drunk driving attorneys to get yourself familiarize with Michigan drunk driving laws.
Operating under the influence of intoxicating liquor (OUIL)
This type of offense implies that the prosecutor must prove beyond a reasonable doubt that the offender’s capability to operate was significantly decreased for consumption of alcohol; however, a breath or blood test is not required. The chemical evidence is not required, but the observation evidence is essential for the OUIL charge. Observation evidence means the circumstantial evidence of the offender’s intoxication. Such evidence includes all the matters watched by the officer, such as the offender’s behavior and appearance, driving, and the offender’s accomplishment in the field exercises.
Driving with an unlawful bodily alcohol level (UBAL)
This type of offense is proved when the prosecutor ascertains that the offender had a breath or blood alcohol level above the legal limit 0.08% (0.02% for people under the age of 21) at the time the offender was driving. The observation evidence is not required. The UBAL requires the chemical evidence. The chemical evidence is the breath, blood or urine test results; 0.08% blood alcohol content is the legal limit in Michigan. As per the UBAL theory of drunk driving, it is unlawful to have 0.08% (0.02% for people under the age of 21) or more blood alcohol content in your body at the time you are driving.
Operating while intoxicated (OWI)
If you are charged with drunk driving in Michigan, it means you are charged with violating the law by operating a motor vehicle while intoxicated (OWI) for the reason that you were either UBAL or OUIL.
In Michigan, OWI can also be proved by demonstrating beyond a reasonable doubt that the offender had a drug in his/her body system at the time the offender was driving, and the drug substantially lessened the offender’s ability to drive. Such drugs include the commonly known illicit drugs, such as marijuana and cocaine. Michigan’s law for these unlawful drugs is zero tolerance; it means any quantity is unlawful.
Punishments for drunk driving in Michigan
A first-time offender of OUIL or UBAL may be sentenced up to 93 days in jail, fines of $100-$500 plus the costs of prosecution, and up to 360 hours of community service. Fines can be increased to $200-1000, and imprisonment can be up to 1 year in jail for a second-time offender of DUI or OUIL or UBAL in Michigan. A third-time drunk driving offense will be considered as a felony, and it will be punishable by 1 to 5 years imprisonment and a fine of up to $5,000. If you are charged for drunk driving offense in Michigan, it will be wise for you to discuss this matter with Michigan criminal attorneys to know what you are going to face, and if changes have been made recently in the law.
Prosecution and defense
It is to be noted that if your test result points out a bodily alcohol content of more than .08%, it does not automatically establish that you were drunk or you are guilty. The prosecutor will also have to establish that the test result is correct, dependable and accurate There are many grounds for which the prosecutor may not be able to prove the dependability of your test result. You should talk about probable grounds or defenses to the chemical evidence in your case with your Detroit criminal lawyer.
Contact Our Detroit Attorneys for a Free Consultation
For your convenience, each Michigan drunk driving lawyer offers a free phone consultation. Contact us today by calling (248) 588-3333 or (877) 737-8800 toll-free. An experienced Detroit DUI Attorney
is waiting to speak with you about your legal matters. For further information, please visit us at Michigan dui out of state.