Is a DUI a Misdemeanor in Michigan?
Michigan has strict laws regarding driving under the influence (DUI) or operating while intoxicated (OWI). If you’re caught driving with a blood alcohol concentration (BAC) of 0.08% or higher, you may be charged with a misdemeanor or felony, depending on the circumstances.
What is a Misdemeanor in Michigan?
In Michigan, a misdemeanor is a crime that is punishable by a fine, imprisonment, or both. Misdemeanors are typically less serious than felonies and carry shorter prison sentences. Michigan law defines a misdemeanor as an offense punishable by imprisonment in a county jail for up to one year, a fine of up to $2,000, or both.
Is a DUI a Misdemeanor in Michigan?
YES, a first-time DUI offense in Michigan is considered a misdemeanor. According to Michigan law, a person who operates a vehicle while under the influence of intoxicating liquor or a controlled substance is guilty of a misdemeanor punishable by imprisonment for not more than 93 days, a fine of not more than $500, or both. This is true for a first-time offender.
Penalties for a First-Time DUI Offense in Michigan
- Imprisonment: Up to 93 days in jail
- Fine: Up to $500
- License Suspension: 6 months to 1 year
- Community Service: 30 to 60 hours
- Alcohol Education Program: Required
- Installation of an Ignition Interlock Device: Required for a period of 1 year
More Serious Consequences for Repeat Offenders
If you have been charged with a second or subsequent DUI offense, the consequences become much more severe. A second DUI offense within 7 years is considered a misdemeanor, punishable by:
- Imprisonment: Up to 1 year in jail
- Fine: Up to $1,000
- License Suspension: 1 to 5 years
- Community Service: 60 to 120 hours
- Alcohol Education Program: Required
- Installation of an Ignition Interlock Device: Required for a period of 1 to 5 years
A third or subsequent DUI offense within 10 years is considered a felony, punishable by:
- Imprisonment: Up to 5 years in prison
- Fine: Up to $5,000
- License Suspension: 5 years to life
- Community Service: 120 to 240 hours
- Alcohol Education Program: Required
- Installation of an Ignition Interlock Device: Required for a period of 5 years to life
What are the Signs of Intoxication in Michigan?
To be convicted of a DUI in Michigan, the prosecution must prove that you were "under the influence" of intoxicating liquor or a controlled substance. This means that the prosecution must prove that you were impaired to the extent that you were unable to safely operate your vehicle. The signs of intoxication in Michigan include:
• Slurred speech
• Difficulty walking
• Difficulty answering questions
• Bloodshot or glassy eyes
• Strong odor of alcohol
• Incoherent or confused behavior
• Impaired coordination or balance
What are the Defenses to a DUI Charge in Michigan?
If you have been charged with a DUI in Michigan, there are several defenses that you may be able to raise. These defenses include:
• The stop was unlawful: If the police did not have probable cause to stop you, the evidence obtained during the stop may be suppressed.
• The officer did not have probable cause to arrest you: If the officer did not have probable cause to believe that you were intoxicated, the arrest may be unlawful.
• The breath or blood test was administered improperly: If the breath or blood test was not administered properly, the results may be considered unreliable.
• The results of the breath or blood test were incorrect: If the results of the breath or blood test were incorrect, you may be able to challenge the charges.
Conclusion
A DUI offense in Michigan can have serious consequences, including imprisonment, fines, and license suspension. If you have been charged with a DUI in Michigan, it is essential that you consult with an experienced DUI attorney who can help you understand the charges against you and develop a defense strategy. Remember, a first-time DUI offense is considered a misdemeanor in Michigan, but subsequent offenses can lead to more severe penalties.