Michigan’s drunk driving laws are wide reaching and cover a wide range of offenses. While there are strong public safety reasons behind this, they can also catch up good people who never posed a risk to others. If you’ve been arrested for drunk driving, it’s important to gain an understanding of the basics of the local law and contact a Drunk Driving Attorney Kent County MI to see how they can help.
Michigan’s basic DUI offense follows federal standards and is therefore the same as every other state. Under 21, there is no tolerance for any blood alcohol content level, which is a measure of how much someone has had to drink, with higher numbers indicating a higher level of intoxication. For those 21 and up, the limit is .08. For commercial drivers, the limit is .04.
In order to obtain a driver’s license in Michigan, you must follow its implied consent law, meaning by having a license you agree to submit to blood alcohol content testing if you are suspected of drunk driving. The penalties for refusing to comply are severe. The first time is a minimum one year license suspension. The second and third times, the suspension increases to two years.
Upon conviction, penalties include probation and/or a fine. For a first offense, there is no required jail time, although it may be imposed. For a second offense, the judge must impose a sentence of at least five days jail. For a third offense, the minimum increases to thirty days jail.
Other penalties can include things like ignition interlock devices, which are a machine installed in your car that requires a breath test showing that you’re below the limit before the car can start, and loss of driving privileges, either totally or under restricted circumstances. There is also significant variation in the possible jail time, length of probation, and fine amounts. This leaves a lawyer with significant room to help you with your case and at least reduce the penalties if you do not have a viable defense. In some cases, they may also be able to obtain pleas to lesser traffic offenses such as reckless driving.