The following frequently asked questions are presented primarily in the order of their importance:
Q. Am I going to go to jail for a first offense drunk driving in Michigan?
No, probably not, not if you're a first time offender. Most courts order probation, alcohol programs, and sanction a convicted person with heavy fines and license sanctions. Some courts make it nearly impossible to comply with probationary terms, however, and you're going to spend a lot of time and effort attempting to keep your probation officer satisfied with your progress.
Some courts automatically sentence first time offenders to jail. Bloomfield Hills, for example, maintains a policy (that is strictly described as not being a policy) of sentencing nearly every first time offender to a short jail sentence.
If you are a repeat offender, you stand a good chance of going to jail if you don't get an attorney. Most courts view a person convicted of a second offense as a potential felon, regardless of whether the first offense was Operating While Intoxicated or Operating While Visibly Impaired. (A third offense is a felony.) Michigan's drunk driving law mandates at least five days in jail or 30 to 90 days of community service.
If you are charged as a third time offender, you are going to go to jail if you don't get an attorney. This is nearly guaranteed. If you're third time offender, it's time to call an attorney, and it may be too late.
Q. Will I lose my Michigan's drivers license for drunk driving?
First time offenders risk losing their license for 30 days, with an additional 150 days restricted driving privileges. If a plea to impaired driving is agreed upon with the prosecutor, the driver's license is not suspended at all, but it is restricted for 90 days. This is the carrot and stick used by the State of Michigan to convince first time offenders to plead guilty to impaired.
Repeat offenders face license revocation upon conviction. The courts are no longer permitted to grant restricted licenses based upon any personal hardship that might be suffered. A person whose license is revoked must request reinstatement through the DLAD (Driver's License Appeal Division). To satisfy the DLAD, a person must provide a positive alcohol evaluation, and they must show that they have a) stopped using alcohol, b) successfully completed alcohol therapy, c) regularly attend a support group such as Alcoholics Anonymous, d) produce letters from family and friends showing a change in lifestyle and impact from being alcohol-free, and e) show a reason and need to drive.
Q. I refused to take the breath test after I was arrested on suspicion of drunk driving. What's going to happen now?
You have 14 days to challenge that refusal. If you don't challenge that refusal, your license will be suspended for one year.
If you're charged with a second refusal within seven years, your license will be suspended for two years.
A challenge is narrowly permitted for only four reasons, and you will need an attorney to assist you in these matters:
a) Whether the police officer had reasonable grounds to believe that the person had committed a crime described in section 625c(1).
(b) Whether the person was placed under arrest for a crime described in section 625c(1).
(c) If the person refused to submit to the test upon the request of the officer, whether the refusal was reasonable.
(d) Whether the person was advised of the rights under section 625a(6).
Q. How much is this going to cost me?
For a first offense, if you don't hire an attorney, you're facing at least $300 and up to $500 in fines, plus court costs ranging from about $200 to $1,000, reimbursement to the police, probation oversight fees, and other mandatory fees.
Q. I blew over the legal limit. I must be guilty, right?
No, that's really not true. If you believe that you must be guilty because of a breath sample taken by a police officer, you haven't researched this issue enough.
What does a breath sample actually measure? And how does the machine work? And, most importantly, if you don't know and understand these concepts, why would you assume that you're guilty?
A breath sample is generally a measure of alcohol concentration on a person's breath, calculated at a partition ratio of 2100 to 1. This is essentially a scientific assumption based upon an average person's body, although it's known that the partition ration of breath to alcohol can range from about 1100 to 1 and up to 3500 to 1 and higher. The number of 0.08 or 0.10 or 0.20 is derived from that scientific assumption of 2100 to 1, however, and, as such, the reliability of breath testing machines are sufficient suspect.
In other words, if you blew in excess of the legal limit, it's likely that you are guilty, but people are not convicted upon the basis that it's likely that the person committed a crime.
Q. What are the consequences of Operating While Intoxicated (OWI)?
1st Offense Misdemeanor (a) Except as otherwise provided in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by 1 or more of the following:
(i) Community service for not more than 360 hours. (ii) Imprisonment for not more than 93 days. (iii) A fine of not less than $100.00 or more than $500.00.
2nd Offense Misdemeanor (b) If the violation occurs within 7 years of a prior conviction, the person shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and 1 or more of the following:
5 days to 1 year and/or 30 to 90 days community service. (i) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of the term of imprisonment imposed under this subparagraph shall be served consecutively. (ii) Community service for not less than 30 days or more than 90 days.
3rd Offense Felony (ii) If the violation occurs within 7 years of a prior conviction or after 2 or more prior convictions, regardless of the number of years that have elapsed since any prior conviction, a person who violates this subdivision is guilty of a felony and shall be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and to either of the following:
1 to 5 years imprisonment (Dept. of Corrections)
(A) Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years.
OR: at least 30 days to 1 year with 60 to 180 days community service (County jail)
(B) Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days. Not less than 48 hours of this imprisonment shall be served consecutively. This term of imprisonment shall not be suspended.
Imprisonment not to be suspended. (d) A term of imprisonment imposed under subdivision (b) or (c) shall not be suspended. Immobilization or forfeiture (e) In the judgment of sentence under subdivision (a), the court may order vehicle immobilization as provided in section 904d. In the judgment of sentence under subdivision (b) or (c), the court shall, unless the vehicle is ordered forfeited under section 625n, order vehicle immobilization as provided in section 904d. (f) In the judgment of sentence under subdivision (b) or (c), the court may impose the sanction permitted under section 625n.
Q. What are the consequences of Operating While Visibly Impaired (OWVI)?
(a) Except as otherwise provided in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by 1 or more of the following:
(i) Community service for not more than 360 hours. (ii) Imprisonment for not more than 93 days. (iii) A fine of not more than $300.00.
(b) If the violation occurs within 7 years of 1 prior conviction, the person shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00, and 1 or more of the following:
(i) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of the term of imprisonment imposed under this subparagraph shall be served consecutively. (ii) Community service for not less than 30 days or more than 90 days.
(c) If the violation occurs within 10 years of 2 or more prior convictions, the person is guilty of a felony and shall be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and either of the following:
(i) Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years. (ii) Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days. Not less than 48 hours of the imprisonment imposed under this subparagraph shall be served consecutively.
(d) A term of imprisonment imposed under subdivision (b) or (c) shall not be suspended. (e) In the judgment of sentence under subdivision (a), the court may order vehicle immobilization as provided in section 904d. In the judgment of sentence under subdivision (b) or (c), the court shall, unless the vehicle is ordered forfeited under section 625n, order vehicle immobilization as provided in section 904d. (f) In the judgment of sentence under subdivision (b) or (c), the court may impose the sanction permitted under section 625n.
Q. Do I need an attorney to represent me on OWI / DUI charges?
No, you do not need an attorney. Most people are capable on a first time offense of obtaining a plea to impaired driving without jail. Prosecutors do not like to take cases to trial, and they offer plea agreements to avoid trials.
On the other hand, however, only an attorney is capable of reviewing your case for defects and defenses, because it is unlikely that you will recognize the defects and defenses without legal training and experience.
Q. How much do attorneys charge for drunk driving cases?
Many attorneys charge as little as $500, but others charge $5000. Higher end drunk driving defense lawyers will charge between $10,000 and $25,000. These are fees for normal drunk driving cases. An OWI causing death may cost significantly more than $25,000, but one of the cheaper attorneys might charge as little as $3,000 on a death case. Fees depend on the specifics of your case, the skill and experience of the attorney you intend to hire, and the amount of time that the attorney will dedicate to your matter aside from other cases. Even if you use the public defender, however, you may be required to compensate the court for that attorney's time and fees.
The rule that "you get what you pay for" is generally true in drunk driving cases.
Q. I've been offered a plea to impaired (OWVI). Should I take it?
Everyone is generally offered a plea to impaired. If your case hasn't been reviewed by an attorney that you've hired, you may be missing significant defenses in your case. Likewise, you might also be saving a lot in attorney fees. Nevertheless, if an attorney hasn't reviewed your case, you're making an uneducated guess.
Q. I want to fight this but I don't have enough money for a good drunk driving defense attorney. What can I do?
A public defender is available for truly indigent defendants. If do not qualify, the court has essentially held that you make enough money to hire your own attorney.
Also, you can always represent yourself, but that might prove too difficult and technical. You will unlikely be able to learn enough of the substantive law regarding drunk driving, as well as the technical procedure of court process, in order to adequately and effectively defend yourself at trial.
Q. If I accept a plea (whether the charges are reduced or not), what happens while I'm on probation?
Typically, you will be ordered to pay all fines and costs, attend AA or a substance abuse counseling, refrain from drinking alcohol and from using any controlled substances, and you must not violate any other criminal laws. You will probably be required to regularly visit your probation officer, and some jurisdictions require frequent breath and urine samples.
Probation on misdemeanor cases can last up to two years. If you violate any of the terms of probation, you are likely to receive additional sanctions, including jail.
If you are in a bad court, or if you know that it is going to be difficult for you to comply with probation, jail is always an alternative. Courts such as Novi will give you the maximum sentence, but you will be done with the case after you are released from jail. For some, this is a better option.