Driving Intoxicated vs. Driving Impaired
Driving Under the Influence (DUI) is a term used to describe impaired or drunken driving. In Michigan, DUIs are known as OWIs or Operating While Intoxicated. Drivers face serious consequences if convicted of a DUI/OWI.
Understanding the Difference Between Intoxicated and Impaired Driving
Penalties for OWIs are determined based on blood alcohol content (BAC), which is typically measured by breath test. Although drivers might be tempted to avoid the breath test, doing so in Michigan results in an automatic one-year suspension of your driver’s license.
First time offenders with a BAC of .08% or above are often charged with OWVI (Operating While Visibly Impaired). Drivers with a BAC of .17% or higher can be charged with an OWI. The penalties for OWIs are generally greater than those for OWVIs.
Penalties for OWI and OWVI can vary greatly depending on a number of factors. Michigan drivers face larger penalties if a minor was present or bodily injury occurred as a result of impaired or intoxicated driving.
Driving Intoxicated
First time offenders with a .17% or higher face up to one-year of license suspension, 6 points on their driver’s license, and mandatory completion of an alcohol treatment program.
Michigan drivers convicted of an OWI have extremely limited driving privileges. A properly installed ignition interlock device must be used at all times. All costs involved with the installation and maintenance of this device falls on the driver.
Individuals convicted of an OWI must pay a fine up to $700, spend up to 180 days in jail, and complete up to 360 hours of community service.
Driving Impaired
First time offenders charged with a BAC of .08% or higher (but less than .17%) face up to 180 days of license suspension and 6 points on their driver’s license. Individuals convicted of an OWVI also face up to a $500 fine, up to 93 days in jail, and up to 360 hours of community service.
Reducing OWI/OWVI Charges
With the help of an experienced lawyer, it is possible to reduce the criminal charges of an OWI or OWVI. However, your chances of successfully doing so are reduced if someone was injured or property was damaged as a result of impaired driving. You stand the best chance of reducing your charges if you are able to prove that your ability to drive was not impaired, or that the tests you were given were unreliable.
An OWI is a serious conviction with heavy penalties. If you believe that you have been wrongly accused, we can help. Nessel and Kessel Law provides defense for OWI and OWVI cases. We have the experience necessary to help you obtain the best possible results for your case.
Please contact us for more information.
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