Impaired Driving in Michigan
Facing impaired driving charges in Michigan can be a daunting experience. Understanding the specific laws, potential defenses, and potential penalties is crucial. Michigan law prohibits driving while visibly impaired (OWVI) or with any presence of a drug (OWPD) in your system. Penalties can include jail time, fines, and license suspension, but defenses are available.
The penalties for even a first impaired driving offense in Michigan may include the required use of an ignition interlock device on your motor vehicle.
It should be no surprise to residents in Michigan that the penalties for any form of drunk driving offense have gotten tougher over the last few decades. With the growth in the number of awareness campaigns designed to educate the public about the risks of driving after drinking alcohol or using drugs, anyone arrested for these offenses can face a tough road ahead.
Despite the plethora of information about impaired driving, it is easy to be confused about the different types of offenses that a person may be charged with. Understanding these is important. Consulting with a qualified Michigan impaired driving defense attorney is essential for getting through the legal process with your rights intact. Some background is also helpful if you are facing impaired driving charges in Michigan.
Michigan Driving While Impaired Laws
Under Michigan drunk driving laws, driving while impaired is taken very seriously, encompassing two types of offenses.
Operating While Visibly Impaired (OWVI)
Operating While Visibly Impaired (OWVI) is a charge that a person may be arrested for if he or she is suspected of driving while impaired by the consumption of alcohol. The state does identify a
blood alcohol content of 0.08 percent as the threshold for determining intoxication.
However, it is essential for all Michigan residents to know that OWVI charges can be made against drivers with BAC levels below the legal limit as well. If a police officer observes a person impaired and unable to drive safely even with a bodily alcohol content of 0.06 percent, criminal charges may result.
OWVI Defenses: Several defenses may be available to fight an OWVI conviction. These include:
Lack of impairment: Proving that you were not visibly impaired at the time of the arrest.
Improper administration of field sobriety tests: Challenging the accuracy or reliability of the field sobriety tests administered by law enforcement.
Violation of your rights: Asserting that your rights were violated during the arrest or subsequent proceedings.
Challenging the accuracy of the breathalyzer test: Questioning the accuracy or calibration of the breathalyzer device used to measure your blood alcohol content.
Penalties for OWVI: The penalties for OWVI in Michigan can vary depending on the specific circumstances of the case. However, potential consequences for a criminal conviction may include:
Jail sentence
Fines
Driver’s license suspension
Vehicle impoundment
Ignition interlock device (IID) installation
Community service
Operating With Any Presence of a Drug (OWPD)
OWPD relates to driving with any detectable amount of a drug, including any Schedule 1 drug or cocaine, in your system. Unlike alcohol, there’s no minimum threshold for impairment. Even trace amounts can lead to criminal charges for intoxicated driving.
Penalties for a drunk driving charge in Michigan can be severe, including license suspension, fines, jail time, and the mandatory use of an ignition interlock device. The severity of the penalties increases for repeat offenses or if an accident causing injury or death occurs.
If you’re arrested for driving while impaired in Michigan, it is crucial to seek legal counsel immediately. An experienced attorney can help you understand the charges against you, protect your rights, and build a strong defense.
Defenses to OWPD: You might have grounds to fight the charges on the basis of:
Lack of driving under the influence: Proving that you were not driving under the influence of the drug at the time of the arrest.
Legal prescription: Demonstrating that you had a valid prescription for the drug.
Medical necessity: Arguing that the drug was necessary for a medical condition.
Challenging the accuracy of the drug test: Questioning the accuracy or reliability of the drug test used to detect the presence of the substance.
Because OWPD is closely related to OWVI, the penalties will be similar to those described above if you’re convicted.
Understanding the Difference Between OWI and OWVI in Michigan
Michigan law distinguishes between Operating While Intoxicated (OWI) and Operating While Visibly Impaired (OWVI):
OWI:
Requires proof of intoxication through chemical tests
BAC of 0.08% or higher for alcohol
Any amount of Schedule 1 drugs or cocaine in the system
Carries harsher penalties
OWVI:
Based on visible signs of impairment
No specific BAC requirement
Officer’s observation of impaired driving is sufficient
Generally carries lighter penalties than OWI
Understanding these distinctions is crucial for developing an effective defense strategy. An experienced attorney can help determine which charge is more appropriate based on the evidence and potentially negotiate for a reduced charge.
The Impact of Michigan’s Implied Consent Law on DUI Cases
Michigan’s Implied Consent Law plays a significant role in DUI cases:
Automatic consent: By driving on Michigan roads, you implicitly agree to chemical testing if suspected of impaired driving.
Refusal consequences: Refusing a test results in an automatic one-year license suspension for a first offense.
Evidence in court: Test refusal can be used as evidence of guilt in criminal proceedings.
Limited right to attorney: You have a limited right to consult an attorney before deciding whether to take the test.
Independent testing: You have the right to request an independent chemical test after submitting to the police-administered test.
Understanding the Implied Consent Law is crucial for making informed decisions if stopped for suspected impaired driving. An experienced attorney can help navigate the complexities of this law and its impact on your case.
Get Legal Help from a Michigan OWVI/OWPD Defense Attorney
Facing impaired driving charges can be overwhelming. Let David G. Moore, Attorney at Law, provide the legal guidance and support you need. Our team of experienced professionals is committed to defending your rights and helping you understand your options. Please visit us online for a free consultation. We’re here to help you every step of the way.
FAQs About Michigan Law on Impaired Driving
What is Operating While Visibly Impaired?
OWVI pertains to driving under the influence of alcohol. Although the legal BAC limit is 0.08 percent, you can be charged with OWVI even if your BAC is below this limit if your driving is deemed unsafe due to impairment.
What is OWPD?
Operating With Any Presence of a Drug (OWPD), including any Schedule I drug or cocaine, is a charge that may result if a person is found to be operating a vehicle with cocaine or another Schedule I drug in his or her system. Unlike with alcohol, there is no minimum level at which a person is deemed impaired. Even the slightest trace of these substances may result in a criminal charge.
Are Impaired Driving Offenses Misdemeanors or Felonies?
A person may face misdemeanor or felony charges for an impaired operation offense. For OWVI offenses, any incident that involves an accident resulting in either the serious injury or death of a person may be classified as a felony. The same is true for any incident in which the driver has been previously convicted of at least two other impaired driving offenses.
Will I Lose the Right to Drive if Arrested for an OWVI?
Even for a first-time offense, drivers may be subject to suspension of their licenses. For BAC levels of 0.16 percent or lower, a six-month suspension may occur although a restricted license may be allowed after 30 days. For BAC levels of 0.17 percent, drivers may experience a 12-month suspension and be eligible for restricted privileges after 45 days.
People arrested with high BAC levels, those at or over 0.17 percent, may also be required to install and use ignition interlock devices.
How Can I Get Help if I am Arrested for Impaired Driving?
There are many elements of the defense process that can be understandably confusing to people arrested for impaired driving. Talking to an attorney after an arrest is always recommended as this provides the chance to mitigate the impact of an OWI conviction.
Don’t Let an Impaired Driving Charge Ruin Your Life
A drunk driving conviction carries many negative implications, so it’s essential to get legal help if you are arrested. David G. Moore, Attorney at Law, is here to fight for your rights and protect your future. With years of experience handling impaired driving cases, we can help you tackle the legal system and achieve the best possible outcome. Don’t wait, contact us today for a free consultation.
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