The State of Michigan has
various criminal charges for alcohol or drug related acts. These charges and/or
convictions carry with them possible licensing sanction, jail time, fines,
community service and/or counseling.
It is imperative to know
what can and will happen to you if you choose to pled guilty to or are
convicted of the following crimes:
ZERO TOLERANCE MCL
257.625(6) - applies to individuals under 21 with a Blood Alcohol
Content (aka BAC). There is no statutory jail required, but the maximum
fine is $250.00 with Licensing Sanctions as follows: 1st offense - 30 day
suspension with restrictions after that time; 2nd offense within 7 years
is a 90 day suspension.
Operating While Visibly
Impaired (aka OWVI) MCL
257.625(3) – has a maximum jail time of 93 days with maximum fines of $300.00
and Licensing Sanctions as followed: 1st offense: 90 day suspension with
restrictions; 2nd offense within 7 years or prior MCL
257.625 conviction then it is an indefinite revocation and eligible for
restriction after 1 year; 3rd offense or 2 prior MCL 257.625 convictions then
it’s a 1-5 year revocation.
Operating While Intoxicated
2nd (aka OWI) has a jail term of 5 days
to 1 year and a $200.00 to $1,000.00 fine. The license sanction is a 1-year
revocation if prior MCL
257.625 conviction within 7 years. The vehicle may also be subject to
immobilization pursuant to MCL
257.625.
Operating While Intoxicated
3rd (OWI 3rd) 30 days to 1 year in jail. The
licensing sanction is a 1- to 5-year revocation.
Operating With High BAC – is an OWI charge where the individual has a BAC of .17 or more.
The maximum jail up to 180 days with a possible $200-$700 fine.
Moreover, an individual should note that the
maximum possible licensing sanction that may be imposed will be based upon the
master driving record maintained by the Secretary of State under MCL
257.204 [257.625b(4)].
Prior issues with the drivers license can impact the ability for an individual
to obtain his or her license when facing any of the above mentioned crimes.
ALL THE ABOVE MAY
BE SUBJECT NOT LIMITED TO, BUT INCLUDING THE FOLLOWING:
1. Secretary of State will or may suspend your
driver’s license.
3. The Court will suspend your driver’s license.
4. Secretary of State will revoke or deny your
driver’s license
5. Screening and Assessment for substance abuse
and rehabilitation may be part of any sentence order, all at the defendant’s
expense. MCL
257.625b(5)
6. Breath Alcohol Ignition Interlock Device (aka BAIRD)
placed in defendant’s vehicle for a specified amount of time will be ordered at
defendant’s expense.
7. Community Service.
8. In addition, defendant
may be ordered to pay restitution, cost of prosecution, and reimburse the
county for your jail stay and probation oversight fees.
Always consult an Attorney prior to moving forward in
any criminal matter. Criminal charges, especially alcohol and drug related
offenses will and can impact an individual in multiple ways. Make sure that you
have the right person in your corner. Josh
Jones has your back.
DO
NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN
COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL
REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR
HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR
OTHERWISE STATED ON THIS SITE. HOPE TO SPEAK WITH YOU SOON.