Keep in mind that you can face OUIL or DUI charges in the state of Michigan without a blood sample as long as the courts are satisfied beyond a reasonable doubt that drugs or alcohol severely impaired you.
But there's also a more severe offense associated with drunk driving in the state of Michigan - high BAC DUIs. If you test over .17%, the state of Michigan deems that you are extremely intoxicated. This offense carries much harsher penalties.
Below, we'll take a look at what to expect regarding punishment if you test over .17%. The severity of punishment will depend on the number of times you have been caught, as well as other contributing factors and risks involved in your case.
For your first offense, most high BAC offenses are considered a misdemeanor, but they carry harsher penalties than average DUI offenses. You can receive up to 180 days in jail and up to $700 in fines.
You will also most likely receive a license suspension for at least one year. In the case that a court does reinstate your license within the first year, you will need to have an ignition lock placed on your vehicle that can detect if you are intoxicated.
You will also only be able to drive your vehicle for specific predetermined purposes. Being charged with a high BAC offense can severely impact your life and ability to work. Make sure to contact an attorney if you believe you will face charges involving a high BAC offense.
If you are caught drunk driving a second time within seven years of receiving your first offense, the punishments can be even more severe. Michigan state courts take repeat offenders very seriously.
Regardless of whether your second offense is a high BAC incident, you will receive a penalty of up to one year in jail and up to $1,000 in fines. You will most likely also receive a lengthy community service order and further license suspension.
If you are caught driving under the influence for a third time, you will face even harsher punishments. Again, Michigan state courts are very strict on individuals who are repeat offenders. You become a repeat offender if your third offense is within ten years of your previous crime.
Once you receive the third offense, you will be facing felony charges, which are much more severe than misdemeanor offenses. With a felony DUI charge, you can face up to five years in prison. There is a minimum of 30 days in jail, regardless of the circumstances.
You will also most likely face fines of up to $5,000, and a felony will register on your criminal record, which will disqualify you from some lines of work.
If you're facing a third-time offense, it's essential that you contact a lawyer right away. Not doing so may result in a life-changing conviction.
The above penalties assume that you do not have any other contributing factors associated with your DUI offense. If you harm someone while you have an extremely high BAC, there are a range of other crimes that you can be charged with.
Manslaughter and other serious charges can be brought against you in the case that death occurs in an accident you have caused while intoxicated.
Also, Michigan courts will penalize you severely if you are driving intoxicated with someone under the age of 16 in your vehicle.
If you're suspected of driving while under the influence of alcohol, testing positive for a high BAC level puts you at risk for severe punishment. If you want to stand the best chance in court, it's essential to choose a DUI attorney that understands the complexities of Michigan DUI laws.
If you choose to defend yourself or use a public attorney, you may be in a situation that results in a heavy conviction. Many defendants make the mistake of not preparing adequately for their trial. If you want the best chance of success, you need to use an attorney that will fight for your rights in Michigan state courts.
If you have been charged with a high BAC offense, it's essential to get in contact with a high-quality DUI attorney right away. Call our team at O'Keefe Law today if you’re facing charges in a Michigan state court!
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