Is Drunk Driving a Felony in Michigan?
In the state of Michigan, drunk driving, also known as Operating While Intoxicated (OWI), is a serious offense that can have severe consequences. But is it a felony? The answer is not a simple yes or no. In this article, we will delve into the laws and penalties surrounding OWI in Michigan to provide a clear understanding of the situation.
What is Operating While Intoxicated (OWI) in Michigan?
In Michigan, OWI is defined as operating a vehicle while under the influence of alcohol or a controlled substance. The law prohibits drivers from operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher. This is a zero-tolerance policy, meaning that even a small amount of alcohol can lead to an OWI charge.
Is Drunk Driving a Felony in Michigan?
In Michigan, OWI is typically a misdemeanor offense, punishable by up to 93 days in jail and a fine of up to $500. However, there are certain circumstances under which an OWI can be elevated to a felony. These circumstances include:
• Third or subsequent OWI offense: If a driver is convicted of their third or subsequent OWI offense, it can be charged as a felony, punishable by up to 5 years in prison and a fine of up to $5,000.
• Causing serious injury or death: If an OWI driver causes serious injury or death to another person, they can be charged with a felony, punishable by up to 15 years in prison and a fine of up to $10,000.
• Refusing a breath test: If a driver refuses to take a breath test, they can be charged with a felony, punishable by up to 1 year in prison and a fine of up to $1,000.
Penalties for OWI in Michigan
The penalties for OWI in Michigan vary depending on the circumstances of the offense. Here are some of the possible penalties:
| Penalty | Description |
|---|---|
| Misdemeanor OWI | Up to 93 days in jail and a fine of up to $500 |
| Felony OWI (third or subsequent offense) | Up to 5 years in prison and a fine of up to $5,000 |
| Felony OWI (causing serious injury or death) | Up to 15 years in prison and a fine of up to $10,000 |
| Felony OWI (refusing a breath test) | Up to 1 year in prison and a fine of up to $1,000 |
Consequences of an OWI Conviction
An OWI conviction can have serious consequences, including:
• Jail time: Even a misdemeanor OWI conviction can result in up to 93 days in jail.
• Fines: Fines can range from $500 to $10,000, depending on the circumstances of the offense.
• License suspension: An OWI conviction can result in a license suspension of up to 1 year.
• Increased insurance rates: An OWI conviction can result in increased insurance rates.
• Loss of employment: An OWI conviction can result in loss of employment or damage to one’s professional reputation.
Defending Against an OWI Charge
If you have been charged with OWI in Michigan, it is essential to seek the advice of an experienced attorney. A skilled attorney can help you navigate the legal system and defend against the charges. Some possible defenses include:
• Challenging the stop: If the police did not have probable cause to stop your vehicle, your attorney may be able to challenge the stop.
• Challenging the breath test: If the breath test was not administered properly, your attorney may be able to challenge the results.
• Challenging the field sobriety tests: If the field sobriety tests were not administered properly, your attorney may be able to challenge the results.
Conclusion
In conclusion, while drunk driving is typically a misdemeanor offense in Michigan, there are certain circumstances under which it can be elevated to a felony. It is essential to understand the laws and penalties surrounding OWI in Michigan to avoid serious consequences. If you have been charged with OWI, it is crucial to seek the advice of an experienced attorney to defend against the charges.
