1. What are the minimum and maximum penalties for a first time DUI offense in Michigan?

The minimum penalty for a first time DUI offense in Michigan is a fine of between $100 and $500, a driver responsibility fee of $500 for two consecutive years, up to 93 days in jail, and a 6 month license suspension. The maximum penalty for a first time DUI offense in Michigan is a fine of up to $500, a driver responsibility fee of $1000 for two consecutive years, up to 180 days in jail, and a 1 year license suspension.

2. What is the legal Blood Alcohol Content (BAC) limit in Michigan?

The legal limit for Blood Alcohol Content in Michigan is 0.08%.

3. Is it a criminal offense to refuse to take a chemical test after being pulled over for suspicion of DUI in Michigan?

Yes, it is a criminal offense to refuse to take a chemical test after being pulled over for suspicion of DUI in Michigan. It is a crime punishable by up to 93 days in jail, license suspension, and/or fines.

4. How long does a DUI conviction stay on an individual’s record in Michigan?

In Michigan, a DUI conviction typically stays on an individual’s record for a period of seven years.

5. Are there any exceptions to the zero tolerance policy on underage drinking and driving in Michigan?

Yes. There are exceptions to Michigan’s zero tolerance policy on underage drinking and driving. These include:
# If a minor is operating a vehicle in an emergency situation, such as in order to seek medical attention or escape harm.
# A minor may be allowed to drive with a BAC (blood alcohol content) under 0.02 if a doctor has prescribed medication with alcohol as an active ingredient and the minor is taking the medication as directed.
# If the minor is operating a vehicle while participating in a sanctioned event, such as a religious ceremony, that requires them to consume alcohol.

6. Are there any restrictions on the sale or possession of alcohol for drivers under 21 years of age in Michigan?

Yes, it is illegal for any person under 21 years of age to purchase, possess, or consume alcohol in the state of Michigan. It is also illegal for any person of any age to provide alcohol to a person under 21 years of age. Violations of these laws can result in fines, jail time, license suspension or revocation, and/or community service.

7. Are there any ignition interlock laws in Michigan?

Yes, Michigan has an ignition interlock law in place. Individuals convicted of an operating while intoxicated (OWI) offense are required to install and maintain an ignition interlock device on any vehicle they operate in Michigan. The law also requires a period of license suspension before the driver is allowed to operate a vehicle with an approved ignition interlock device installed.

8. What type of license suspension is issued for a DUI conviction in Michigan?

In Michigan, a DUI conviction typically results in a driver’s license suspension of six months for a first offense, or one year for a second or subsequent offense. For repeat or aggravated offenders, the license suspension may be longer.

9. Is an individual required to attend drug and alcohol classes or treatment programs after being charged with a DUI in Michigan?

Yes, an individual may be required to attend drug and alcohol classes or treatment programs after being charged with a DUI in Michigan. Depending on the severity of the offense, they may be required to attend such classes or programs as part of their probation or sentence. Additionally, some courts may require the individual to attend these classes as part of their rehabilitation and recovery process.

10. Does Michigan have an implied consent law for chemical testing after a DUI arrest?

Yes, Michigan does have an implied consent law for chemical testing after a DUI arrest. According to the Michigan State Police, drivers who refuse to submit to a chemical test face the same penalties as those who are found guilty of operating a vehicle while intoxicated.

11. Are there any laws requiring sobriety checkpoints or roadblocks in Michigan?

Yes, Michigan does have laws requiring sobriety checkpoints or roadblocks. According to the Michigan State Police, sobriety checkpoints are authorized by law in Michigan and may be conducted when there is a reasonable suspicion that a driver is operating a vehicle with a BAC of .08 or higher. If a driver is found to be over the legal limit, they may be arrested and prosecuted for drunk driving.

12. Are there any restrictions on the types of vehicles an individual may operate following a DUI conviction in Michigan?

Yes, following a DUI conviction in Michigan, individuals may be subject to a restricted license. This restricted license may limit the types of vehicles an individual may operate. For example, individuals may be prohibited from operating commercial motor vehicles or vehicles outfitted with a snowmobile or recreational vehicle body. Additionally, an individual’s ability to operate a vehicle with safety equipment such as airbags or daytime running lights may be limited.

13. Is it possible to have a DUI charge reduced to a lesser offense in Michigan?

Yes, it is possible to have a DUI charge reduced to a lesser offense in Michigan. Depending on the circumstances, a DUI charge can be reduced to a wet reckless or even an impaired driving charge. In order to have a DUI charge reduced, a criminal defense attorney must work with the prosecution and negotiate a plea bargain.

14. What is the legal limit for open containers of alcoholic beverages while driving in Michigan?

In Michigan, it is illegal to consume or possess an open container of alcohol in a vehicle while driving or parked on a public roadway. This applies to both the driver and passengers in the car.

15. Does insurance coverage change after a DUI conviction in Michigan?

Yes, insurance coverage typically changes after a DUI conviction in Michigan. Because a DUI is considered an “at-fault” accident, drivers may see an increase in their auto insurance premiums and could even be dropped by their current insurer. Additionally, drivers may be required to carry an SR-22 form, which is proof of financial responsibility, for various periods of time.

16. Are there any circumstances where an individual may drive with revoked license resulting from a DUI conviction in Michigan?

No, driving with a revoked license resulting from a DUI conviction in Michigan is not allowed under any circumstances.

17. Are there any laws that make it illegal to operate a vehicle without insurance after being convicted of a DUI in Michigan?

Yes, there are laws that make it illegal to operate a vehicle without insurance after being convicted of a DUI in Michigan. Michigan’s No-Fault Law requires all drivers to carry liability coverage in the event of an accident. Drivers convicted of a DUI must also carry a “restoration” policy which provides a minimum of $250,000 for property damage and $500,000 for bodily injury. This coverage must remain in effect for at least three years after the conviction. Failure to comply with these requirements can result in hefty fines and/or license suspension.

18. Is plea bargaining allowed for DUI cases in Michigan?

Yes, plea bargaining is allowed for DUI cases in Michigan. The plea bargain process involves a negotiation between the defense and prosecution, and can result in lesser charges being accepted, or punishments reduced. The prosecutor may agree to reduce a DUI charge to reckless driving or a reduced alcohol charge such as impaired driving.

19. How long does an individual have to request a hearing with the DMV regarding driver’s license revocation for a DUI conviction in Michigan?

In Michigan, an individual has 14 days from the date of the notice of revocation to request a hearing with the Department of Motor Vehicles (DMV) regarding driver’s license revocation for a DUI conviction.

20. Does Michigan offer any programs that allow individuals to get their driver’s license reinstated following a DUI conviction?

Yes, Michigan offers programs for DUI offenders to get their driver’s license reinstated. The Michigan Secretary of State’s office offers an Application for Restoration of Driver’s License for individuals who have had their license revoked as a result of a DUI conviction. Once the individual submits the application and all required documents, the Secretary of State will review the application and determine whether or not the individual is eligible for a restricted driver’s license. If approved, the individual will be issued a restricted driver’s license that only allows them to drive for specific purposes such as getting to and from work or school.