Michigan DUI Court Process: What to Expect
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Michigan’s DUI laws state that no person can operate a motor vehicle if they are impaired by the consumption of alcohol, drugs, or any intoxicant. A police officer can stop you and test you to see if you are over the legal limit of .08% of a blood alcohol test, but may arrest you at .05% if the field sobriety test is failed or your mannerisms dictate that you shouldn’t be driving. First Offense Court Process The first DUI offense is a misdemeanor as long as there were no previous DUI charges against you for the last 7 years. Penalties Penalties include jail time up to 93 days and a fine up to $500 but as high as $700 depending on your blood alcohol (BAC) level. Community Service You may get community service instead of a portion or instead of any jail time. The community services hours must be completed by the date the court assigns for the program. BAC Test Refusal If you refused the BAC test when you were arrested, your driver’s license is revoked for 1 year. Alcohol Safety Class You must complete an alcohol safety class in the state of Michigan to get your license returned on a restricted basis or fully reinstated. Vehicle Ignition Interlock System If your BAC was above .17%, an ignition interlock will be required in your vehicle after a 45-day license suspension in order to receive a restricted license. The interlock system requires that you breathe into a BAC machine and have no alcohol in your system before you can start your vehicle. Driver’s License Suspension If your BAC was below .17%, the maximum license suspension is 180 days, if it was above this level, the license suspension can be up to 1 year. You need to secure a Michigan SR22 insurance policy to receive a restricted license or in the case of a fully reinstated license at the end of the suspension period. Restricted License Provisions On a restricted license you many only drive to and from work, a court ordered alcohol or drug treatment or education program and to and from court-ordered probation departments. You can drive to and from community service ordered by the court to and from school if you are a student and to and from medical emergencies. If a person receives two DUI’s within 7 years, it is considered a second DUI with steeper fines and penalties. If you are looking for a qualified DUI attorney with a track record of success, contact the Lucaj Law Firm today. |
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