NORTHERN MICHIGAN DRUNK DRIVING CASES

• OWI – Operating while intoxicated. The prosecution must prove that the defendant was under the influence of alcoholic liquor, a controlled substance, or both and that as a result of the drinking or drugs, he or she was substantially deprived of normal control or clarity of mind and was unable to drive normally.
• UBAL – Unlawful blood alcohol levelor per se violation. A UBAL or per se violation is defined as operating a vehicle on a highway or other place open to the public with an alcohol content of .08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. Defendants operating with an alcohol content of .17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine are subject to more severe penalties.
• OWVI – Operating while visibly impaired. The prosecution must prove that the ingestion of alcohol, controlled substances, or both reduced the defendant’s ability to operate a vehicle on a highway or other place open to the general public or generally accessible to motor vehicles. The defendant’s ability must be so reduced that he or she drove or operated with less ability than would an ordinary, careful, and prudent driver. This weakening or reduction of the ability to drive must be visible to an ordinary, observant person.
• Drunk driving causing deathor death caused by an OWI, OWVI, OWPCS or UBAL offense while operating a motor vehicle on a highway or other place open to the public. Failure to yield the right-of-way to an emergency vehicle resulting in the death of a police officer, firefighter, or other emergency response personnel is one of the “death caused by” offenses.
• Drunk driving causing serious body impairment, serious impairment of a body function caused by OWI, OWVI, OWPCS or UBAL.
• Minor with a blood alcohol content (minor BAC)(also known as “zero tolerance”). It is a misdemeanor for a person under age 21 to operate a motor vehicle on a highway or other place open to the general public or generally accessible to motor vehicles if that person has any bodily alcohol content. Any bodily alcohol content is defined as an alcohol content of not less than 0.02 grams or more than 0.07 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or any presence of alcohol within a person’s body other than what was consumed as part of a generally recognized religious service or ceremony.
• Child endangerment. It is an additional misdemeanor to drive drunk, impaired, or to be a minor with a BAC or with a controlled substance in the body while a passenger less than 16 years of age is in the vehicle.
• OWPCS – Operating with presence of controlled substances. It is a misdemeanor to operate a vehicle if a person has any amount of a schedule 1 controlled substance in his or her body. It does not require impairment of function or diminished ability to drive.
• Allowing an intoxicated person to drive. It is a misdemeanor for the owner of a vehicle to knowingly allow a person who is intoxicated or impaired to operate the vehicle. It is a felony to allow an intoxicated person to drive who seriously injures or kills someone.

The Shortlist of Penalties

OWI First Offense > .08 No Prior 625 Crime

Misdemeanor

Fine/Jail/Community Service:

• One or more of following: Up to 93 days jail; $100- $500 fine; or up to 360 hours comm. svc.

Licensing:

• 30 day suspension plus 180 days restricted
• 6 points

Court-ordered Ignition Interlock permissive
Vehicle Immobilization: Permissive up to 180 days

Driver Responsibility Fee – $1000.00 for 2 consecutive years

OWI First Offense > .17 No Prior 625 Crime

Misdemeanor

Fine/Jail/Community Service:

• One or more of following:  Up to 180 days jail; $200- $700 fine; or up to 360 hours comm. svc.

Licensing:

• 45 day suspension plus 1 year restricted
• 6 points on license

Court-ordered Ignition Interlock required
Vehicle Immobilization: Permissive up to 180 days

Driver Responsibility Fee – $1000.00 for 2 consecutive years

OWVI First Offense 

Misdemeanor

Fine/Jail/Community Service:

• One or more of following: Up to 93 days jail; $300 fine; or up to 360 hours comm. svc

Licensing:

• 90 day restricted up to 180-day if impaired by a controlled substance
• 4 points on license

Vehicle Immobilization: Permissive up to 180 days

Driver Responsibility Fee – $500.00 for 2 consecutive years

The Second-Time Around

• Second Conviction –Five days to 1 year of consecutive jail time, or 30 to 90 days of community service, or both for a second conviction of drunk or drugged driving.

• Reinstatement Fee –A reinstatement fee of $125 if your driver’s license was suspended, revoked, or restricted.

• Driver Responsibility Fee -Driver Responsibility Fee of $1,000 for 2 consecutive years for a driving while intoxicated conviction, including a High BAC conviction.

Felony Offenses

The laws make the following drunk and drugged driving offenses felonies:

• A third conviction in the driver’s lifetime.
• A conviction for drunk or drugged driving that causes death.
• A conviction for drunk or drugged driving that causes serious injury to another person.

There are a lot of things that need to be done when fighting a drunk driving charge.  It’s not as cut and dry as it may look.  Here are a few of the things that your attorney should challenge besides filing pre-trial motions:

• The admissibility of statements from you and others
• The field sobriety tests that were used
• The probable cause to stop you
• The stop itself
• The admissibility of the blood results
• The accuracy of the DataMaster results

Each case is fact specific and the prosecution must prove every element of the crime beyond a reasonable doubt.  It’s your attorney’s job to poke holes in this proof.  To do this, your attorney discovery demand such as:

• Police reports
• Written and recorded statements
• DataMaster logs
• Reports from expert witnesses against you
• All documents, photographs, paper, and physical evidence that will be introduced against you at trial
• Any affidavit, warrant, and return pertaining to a search or seizure in connection with the case

Each year the legislature is making it harder to get out of a drunk driving, but a well-prepared attorney can still get an acquittal.  It requires hard work, an understanding of the law, and a willingness to fight for the rights of the accused.  That is what I will give you; a well prepared, vigorous defense.