In many states, DUI is the term used to describe someone who operates a vehicle while over the legal limit.
But Michigan also uses a range of other acronyms to describe people who operate vehicles while under the influence. OUIL stands for Operating Under the Influence of Liquor. It’s one of the many names that represents a severe infraction – operating a vehicle when you are too impaired by alcohol.
Below we’ll discuss OUILs in more detail and why it’s essential to use a DUI attorney if you need to defend yourself against OUIL charges.
Requirements for OUIL
As in most areas of the country, the official BAC limit for a DUI or OUIL in the state of Michigan is .08. If you’re under the age of 21, this number is reduced to .02. You may be charged less severely if you’re underage and test between .02 and .08.
But what many people don’t realize about OUIL is that you can be charged without ever testing positive for alcohol. If police and prosecutors are satisfied that you are under the influence of alcohol, they can still press charges against you. Just because you refuse a breath test, doesn’t mean that you won’t be charged for OUIL.
Regardless, prosecutors must be able to prove that you were under the influence – beyond a reasonable doubt. The burden of proof without an alcohol sample is exceptionally high.
Issues that Make OUIL More Severe
If you’re charged with an OUIL, certain things can make the allegation more severe. If you are driving a vehicle while intoxicated, having individuals in your car that are under the age of 16 drastically increases the punishment from the courts.
Also, if you cause damage to property or harm to others, you will find that your OUIL punishment will be much more severe.
Do You Have to Blow?
In the state of Michigan, you are not legally required to blow. This being said, if you refuse to blow or take a blood test at the police station after you’ve been arrested for an OUIL, you will most likely receive an automatic license suspension of one year.
While not blowing does reduce the amount of evidence available to the police, the consequences can also be very severe.
Choosing Expert DUI Attorneys
If you are charged with an OUIL, it’s essential that you speak with expert DUI attorneys that understand how to approach your court case. Being convicted of a severe DUI or OUIL can have dire consequences long into your future. We recommend that you get in contact with a law firm right away if police opt to charge you.
At O’Keefe Law, we’ve worked hundreds of OUIL and DUI cases. We understand how to put pressure on police to ensure they have a genuine burden of proof. One of the biggest mistakes we see is individuals opting to self-represent or choose a court-appointed attorney.
Both of these options leave you exposed to prosecutors taking advantage of your situation. If you have any OUIL-related concerns, please contact a DUI attorney at O’Keefe Law today!