Perrone Law, P.C

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(517) 351-0332
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221 W. Lake Lansing

Suite 200

East Lansing, MI 48823

Phone: (517) 351-0332

Fax: (517) 913-6287

jacob@perronelawpc.com

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Michigan Drunk Driving Penalties

It is essential in any drunk driving defense to have an Attorney represent you. For every Drunk Driving case that I undertake I do a thorough investigation to determine that your rights were not violated. First I look at whether the police officer had a reason to stop you. In the absence of a traffic violation an officer must have a reasonable and articulable suspicion of ongoing criminal activity to stop you. Second, I look at whether the officers had a reason to force you to submit to chemical testing. Officers must have reasonable cause to administer a breath test. This is accomplished by determining whether the officer administered Field Sobriety Tests in accordance with National Highway Traffic and Safety Administration guidelines. Third, I will determine if administrative rules were followed in administering the actual chemical test. Any deviation from approved methods of administering the Breathalyzer test will call the BAC results into question and provide you with a defense to drunk driving charges. I will often request in-car videos, 911 tapes, and dispatch tapes from the police department to bolster your drunk driving defense. The results of the investigation will assist in mounting a proper defense against charges for drunk driving .

MICHIGAN DRUNK DRIVING PENALTIES

Michigan 1st Offense Drunk Driving

"OWI" Operating While Intoxicated:

  • Up to Ninety Three (93) days in jail
  • $100.00 to $500.00 fine
  • Three Hundred Sixty (360) hours of community service
  • Thirty (30) Day Driver's License Suspension
  • One Hundred Fifty (150) Day Driver's License Restriction
  • Six (6) points added to driving record
  • $1,000 Driver Responsibility Fee for two years
  • "OWVI" Operating While Visually Impaired:

  • Up to Ninety Three (93) days in jail
  • $100.00 to $500.00 fine
  • Three Hundred Sixty (360) hours of community service
  • Thirty (30) Day Driver's License Suspension
  • Ninety (90) Day Driver's License Restriction
  • Four (4) points added to driving record
  • $500.00 Driver Responsibility Fee for two (2) years

  • MICHIGAN SUPERDRUNK LAW

    Michigan enacted a “Superdrunk” law that increases the penalties for a first offense drunk driving if the offender’s Blood Alcohol Content (“BAC”) is .17 or above. The new law includes a requirement for one (1) year of alcohol rehabilitation, up to one-hundred eighty (180) days in jail instead of ninety-three (93) days and fines of at least $200.00 to a maximum of $700.00. Further, a one (1) year driver license suspension is imposed if convicted under the new law. The first forty five (45) days of this suspension is a “hard” suspension, meaning no driving is allowed. During the remaining 320 days, the offender is entitled to restricted driving privileges, but only if the offender pays to have a breath alcohol ignition interlock device (“Ignition Interlock”) installed on their car. Ignition Interlock requires a driver to blow into the device when first starting the car and again within the first five (5) to fifteen (15) minutes. The Ignition Interlock will not allow the car to start if it detects a BAC of .025 or more grams of alcohol per 210 liters of breath. Attempting to operate a car with Ignition Interlock with a BAC over .025 will result in twice the driving restrictions imposed. If a person convicted under the new law is caught driving a vehicle without Ignition Interlock the car will be immobilized for ninety (90) to one hundred eighty (180) days. If the car is immobilized there is an option to install Ignition Interlock, which would suspend the immobilization. The costs of installing Ignition Interlock is between $100.00 and $200.00 and the monthly fees can be as high as $100.00 a month.

    Michigan 2nd Offense Drunk Driving

    Any combination within SEVEN (7) YEARS:

  • Five (5) days to one (1) year in jail
  • Five (5) days mandatory minimum in jail with Probation unless you participate in Sobriety Court or alternative program
  • Thirty (30) to ninety (90) days Community Service
  • Driver's License Revocation for a MINIMUM of one (1) year
  • License Plate Confiscation
  • Possible Vehicle Forefeiture
  • Vehicle Immobilization ninety (90) to one hundred eighty (180) days
  • Six (6) points on Driver's Record
  • $1,000 Driver Responsibility Fee for two (2) years
  • Michigan 3rd Offense Drunk Driving

    Any combination within lifetime (FELONY):

  • One (1) to Five (5) years in Prison
  • Thirty (30) days mandatory minimum in jail with Probation unless you participate in Sobriety Court or alternative program
  • $500.00 to $5,000.00 fine
  • Driver's License Revocation up to Five (5) years (See Driver's License Restoration)
  • License Plate Confiscation
  • Possible Vehicle Forefeiture
  • Vehicle Immobilization One (1) to Three (3) years
  • Six (6) points on Driver's Record
  • $1,000 Driver Responsibility Fee for two (2) years