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Oakland County Attorneys for OWI Cases

Operating While Intoxicated 

In Michigan, drinking while driving or substance abuse while driving is known as an OWI (“Operating While Intoxicated”). However, many people also use the term DUI (“Driving Under the Influence”). Under Michigan law, a person can be convicted for operating a vehicle in a place open to the general public, or in a place generally accessible to vehicles, if he or she is operating the vehicle while intoxicated. An OWI can be proven in one of two ways: (1) the person was operating while intoxicated or under the influence of alcohol and/or controlled substance or other intoxicating substance, or (2) if the person was operating with an unlawful body alcohol level. 

For purposes of an OWI, an unlawful body alcohol level is 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

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Criminal Penalties

First Offense

If convicted, a person is guilty of a misdemeanor punishable by 2 or more of the following:   

  • Up to 360 hours of community service.

  • Imprisonment

    • Up to 93 days, but if blood alcohol concentration is.17% or greater, then up to 180 days. 

  • Payment of a fine

    • $100 - $500, but if blood alcohol concentration is.17% or greater, then $200 - $700. 

Additional penalties include:

  • Driver's license suspension for 30 days, followed by license restrictions for 150 days, but if blood alcohol concentration is.17% or greater, then driver’s license suspension for 1 year.

  • Possible vehicle immobilization.

  • Possible ignition interlock.

  • 6 points added to driving record.

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Second Offense:

If convicted of the second offense within 7 years of the first offense, a person will be punished by 2 or more of the following:  

  • $200 to $1000 fine

  • 5 days to 1 year in jail

  • 30 to 90 days of community service

Additional penalties include:

  • Driver's license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).

  • License plate confiscation.

  • Vehicle immobilization for 90 to 180 days, unless the vehicle is forfeited.

  • Possible vehicle forfeiture.

  • 6 points added to the offender's driving record.

Third Offense:

  • If convicted of the third offense, no matter how many years after the second offense, a person will guilty of a felony punishable by 2 or more of the following:  

  • $500 to $5,000 fine

  • 1 to 5 years imprisonment

  • Probation, with 30 days to 1 year in jail.

Additional penalties include:

  • 60 to 180 days community service.

  • Driver's license revocation and denial if there are 2 convictions within 7 years or 3 convictions within 10 years. The minimum period of revocation and denial is 1 year (minimum of 5 years if there was a prior revocation within 7 years).

  • License plate confiscation.

  • Vehicle immobilization for 1 to 3 years, unless the vehicle is forfeited.

  • Possible vehicle forfeiture.

  • Vehicle registration denial.

  • 6 points added to the offender's driving record.

Immigration Impact

If you are charged with a crime, and are not a U.S. Citizen, the criminal charge alone may negatively impact your immigration status and/or your ability to apply for non immigrant and/or immigrant status. Under immigration law, an OWI conviction or guilty plea, itself, will not subject a person to deportation proceedings. In order for a person to be subject to deportation proceedings the crime must be one of “moral turpitude.” However, if a person is found guilty of an OWI, the next time that person applies for a visa at the United States Embassy or Consulate, he or she will be subjected to additional scrutiny including drug and alcohol testing.  While a single OWI may not render a person inadmissible, multiple convictions of an OWI or an OWI plus an additional charge, may subject a person to be inadmissible to the United States. The Department of Homeland Security, and the Department of State (Embassies and Consulates) treat drinking and driving offenses to a higher standard.  This is because the United States Embassies and Consulates generally view any crime involving alcohol or drugs as habitual, even if it is a onetime offense. Additionally, if a person seeks an immigration benefit through the Department of Homeland Security, or the Department of State (Embassies and Consulates), he or she will be required to submit a certified copy of a police report, any and all court orders relating to his or her criminal background, and proof of completion of probation or parole (if applicable). The Department of Homeland Security, or the Department of State (Embassies and Consulates) would still have a record of the initial charge, the reduced charge, and disposition. Ultimately the Department of Homeland Security, or the Department of State (Embassies and Consulates) will have complete access to a person’s criminal records, and will exercise their own discretion. In the future, if any criminal matter is expunged or dismissed, police report(s) and court disposition will always be required, regardless of the age of the offense.

 

Ray Law International specializes in both criminal and immigration law. Here at Ray Law we have the best attorneys to represent you in the court of law, as well as the best attorneys to successfully represent you through the immigration process. 

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