Drunk Driving
You are not alone...
According to the Community Alcohol Information Program, Inc.:
In the 1960s, driving under the influence of alcohol was considered a minor offense, leading to modest fines; in the 2000s, it is considered the most serious misdemeanor offense. Drunk driving cases now represent the single largest category of criminal infractions of all reported cases, with about 200,000 more cases processed each year than all theft and larceny offenses combined.
In Michigan the crime of drunk driving is called OWI, which means "Operating While Intoxicated". Other common acronyms for this offense are DUI, DWI, OUIL, and UBAL, but, Michigan criminal laws call this offense OWI. The crime of DUI is usually classified as a misdemeanor, but depending on the number of priors drunk driving convictions on your record, it can also a felony.
"Per Se" offense, meaning the prosecutor does not need to prove that the alcohol had any impact on your ability to drive. If you were driving and your BAC was .08 or greater, then you can be found guilty of drunk driving. BOTH offenses are charged. The defendant can even be convicted of both, but can only be punished for one.
Michigan is a "per se" state. That means if your breath-alcohol content measures 0.08 or greater, you're guilty of DUI. So if the judge is required to admit breath-test results into evidence, it's up to the defendant to prove his innocence
Under the law a refusal to submit to chemical testing will result in a driving suspension for one year, for a first implied consent refusal, and two years for any additional refusals within a 7-year period. Also, in a trial, your refusal can be considered as evidence of guilt.
Operating Under the Intoxicated ( OWI ) means either or both of two things:
Operating While Visibly Impaired ( OWVI ) The OWVI provisions do not have any numerical blood alcohol levels to define when a driver is impaired. There are few differences between a charge of OWI and OWVI, but an impaired charge carried slightly lower fines and slightly less harsh driving sanctions.
Zero Tolerance ( drivers under 21 ) The "zero tolerance" law prohibits anyone under the age of 21 from operating a motor vehicle with a BAC in excess of 0.02 but less than 0.08. If the underage driver's blood alcohol level exceeds 0.08, the underage driver can be charged with the more serious offense of Operating while Intoxicated (OWI).
OWI Causing Death of Police / Firefighter Up to 20 years in prison, $2500 - $10,000 in fines, or Both. Minimum of 1 year license revocation, possible vehicle forfeiture, and more.
Commercial Drivers ( .04 -< .CDL) Prohibits anyone with a Commercial Drivers License (CDL) from operating a motor vehicle with a BAC in excess of 0.04 but less than 0.08.
Child Endangerment - If you transport a passenger who is under 16 years of age and have any blood alcohol equal to or greater then .02.
Allowing a Person to operate a motor vehicle while intoxicated - The owner of a vehicle who loans his or her vehicle to a visibly impaired or intoxicated person (BAC of over .08).
Operating With Presence of Drugs ( OWPD ) This is operating under the influence of drugs, or combination of drugs and alcohol, even over-the-counter drugs, provided they effect your driving. If the drug is a controlled substance, then there is "zero tolerance" for the level of the drug.
Driving While License Suspended (DWLS) is the offense of operating a motor vehicle without a current, valid, operators license. Fines for a conviction of driving while a driver license is suspended or revoked are up to $500 for a first offense, and $1,000 for an additional offense.
Michigan’s Repeat Offender laws are designed to get tough with drivers who repeatedly drive drunk or drive while on a suspended license. Under the laws, you are a Repeat Offender if you have:
Penalties Under the Repeat Offender Laws - Sanctions for repeat offenders include additional driver license suspensions or revocations, license plate confiscation, vehicle immobilization or forfeiture, registration denial, the use of ignition interlock devices, and mandatory substance abuse treatment. Repeat Offenders who cause an accident resulting in a long-term injury or death are charged with a felony and face years in jail and thousands of dollars in fines in addition to other penalties.
Vehicular Homicide is the use of an automobile to take the life of another, including an unborn child after viability. The charge can be either a misdemeanor or a felony depending on the circumstances of the incident. Whether or not the incident was intentional holds no merit when someone is charged with Vehicular Homicide, even if the death was to family member, friend or loved one.
Penalties for Vehicular Homicide - OWI/OUIL with Injury is a felony with up to 5 years in prison, with Death, up to 15 years in prison, and Death of an Emergency responder, up to 20 years. And/or fines of $1000 to $10,000.
Anti-drunk driving laws require swift and sure action and stiff penalties for drunk drivers. The laws: