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October 4, 2021

Getting a 1st Offense DUI in Michigan

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October 4, 2021

Getting pulled over is never pleasant, add to that the fact that you have been drinking and it can be terrifying. Knowing your rights for a DUI in Michigan can be a big help, and having the right defense attorney is crucial. 

First Offense DUI/OWI with BAC of .08% or less 

A first-time offense for a DUI (driving under the influence) or OWI (Operating while intoxicated) occurs when you drive with a blood alcohol concentration (BAC) of .08 percent and less and have no prior offenses within the last seven years. Most 1st time offenders will not go to jail, even a judge can see that we all make mistakes. Usually a restricted license and community service is given. However, these are what can result in a first time conviction:

  1. Up to 93 days of jail time
  2. 360 hours of community service
  3. Fine is usually $100 – $500 for first time offenders
  4. Immobilization of your vehicle for up to 180 days
  5. Driver license suspension for up to 180 days, however after 30 days may apply for a restricted license

First Offense DUI/OWI with BAC of .17% or greater

If you are found to have a BAC (blood alcohol concentration) of .17 percent or higher than the consequences may be slightly higher for some items:

 

  1. Up to 180 days of jail time
  2. 360 hours of community service
  3. Fine will be $200 – $700 
  4. Immobilization of your vehicle for up to 180 days
  5. Driver license suspension will be 1 year, however after 45 days may apply for a restricted license

 

First Offense OWVI 

OWVI or Operating while visibly impaired is the lesser of all charges, however still carries strict penalties. This means that when pulled over you were visually impaired by being under the influence but not materially impaired. The charges for a first offense are similar to a  DUI or OWI conviction and can include:

 

  1. Up to 93 days jail time can still be ordered, but usually are not.
  2. 360 hours community service
  3. Fine cannot exceed $300
  4. Immobilization of your vehicle for up to 180 days
  5. License can be suspended for up to 90 days, however a restricted license is immediately available

 

Who to Reach Out to When You Have a DUI/OWI/OWVI Charge?

When you’re charged with a DUI, OWI or OWVI It’s important to stay calm after you’re taken into custody and remember your rights. None of these charges come with an automatic conviction. You have the right to hire a lawyer, build a criminal defense, and fight your case in court.

If you’ve never been in trouble before and have no experience with the legal process, then discussing your case with a DUI lawyer from the Schwartz Law Group can give you peace of mind. Fighting your charges is essential if you hope to avoid penalties for your charges and keep your criminal record clean. If you don’t fight your charges, your DUI, OWI or OWVI conviction will stick with you for the rest of your life. Understanding the consequences of a conviction is the first step in moving forward with your case.