Michigan Law provides that if you operate a motor vehicle in the state of Michigan with a blood alcohol level at .08 or above, you can be charged with Operating While Intoxicated (OWI). This offense is classified as a 93 day Misdemeanor, 6 points on your driving record and restricted driving privileges for up to six months, the first 30 days suspended. The court can also impose a term of probation, order jail, require that you perform community service and counseling. Additionally, the state of Michigan, through the Treasury department will require you to pay $1000.00 for a period of two years towards the Drivers Responsibilty Fee. According to Todd Levitt, Mount Pleasant Michigan Lawyer, the fee has done nothing but create a situation where people are stuck in the system and can’t get out. Failure to pay the fee will result in suspension of your driving privileges. Levitt, wants the public to know that the 6 points will remain on your Michigan Driving record for a period of two years. Also, The offense of Drinking and Driving will remain on your driving record forever. The public is under the impression that after 10 years the offense drops off your record, this is not true. If that was the case then someone with two prior convictions during the 80’s who then picks up another in the year 2011 would be treated as if it was his first offense. Actually, under Heidi’s Law, he would be charged with a Felony. Three convictions for Drinking and Driving in Michigan is charged as a Felony.
Michigan does have a lessor offense known as Operating While Visibly Impaired. The difference between this offense and OWI is as follows: Impaired Driving is 4 points not 6. You will receive a suspended license for a period of 90 days, yet restrictions will be issued whereby you will be allowed to drive to and during the course of employment. The state of Michigan will impose a $500.00 Responsibility Fee for a period of two years. The court may impose the same terms and conditions as with an OWI.
For those of you under the age of 21 if you are stopped while operating a motor vehicle and you blow as low as .01 you will be charged with Zero Tolerance, Under 21 with a BAC. More information regarding this law will be published in the next few weeks.
Mount Pleasant Michigan Lawyer, Todd Levitt has been representing individuals charged with Drinking and Driving for more than 17 years. Todd Levitt has been representing CMU Students who find themselves charged with these offenses. Todd can be reached at 989-772-6000.