Michigan DUI Information
The Michigan DUI Information is currently not sponsored. If you would like to learn about sponsorship contact us.
Michigan has the fifth most DUI arrests of all state. According to the FBI, there were 45,568 Michigan DUI arrests in 2004. Of these over 800 of the DUI arrests were under the age of 18.If you have recently been arrested for driving under the influence in Michigan, we recommend you seek the counsel of a qualified DUI attorney in your local area. Information on the Internet is no substitute for professional legal representation.
The standard sanction for a first offender is a 30 day suspension, followed by an additional 150 days of a restricted license. The restriction is wide ranging, you are encouraged to find a qualified lawyer to discuss the restrictions and limitations, as driving outside of the restriction or on a suspended license may be a separate offense with serious consequences. A plea to an impaired driving charge will result in no suspension but a restricted license for 90 days, however, a driver taking this plea will have a conviction that may be used against them to enhance the penalties in future cases. Also, a guilty plea will affect your ability to travel into Canada. Repeat Offenders Because the revocation is actually a lifetime revocation, the driver must take affirmative steps to get their privilege reinstated. At the hearing the driver bears the burden of proof to establish that the State’s action is not appropriate the Driver must demonstrate by clear and convincing evidence that the suspension is not appropriate. The hearing is a complicated process where the driver needs to prove that they are no longer a risk to the community by driving under the influence. The driver gets one hearing per year, if the decision of the Driver License Appeal Division is against the driver, another year must pass before requesting another hearing. The significance of the hearing can not be understated, it is critical to the success of the hearing that the driver hire a qualified and skilled lawyer. Implied Consent Hearing If you are arrested for DUI or OWI and refuse to provide a chemical test, you must contact the Driver License Appeal Division within 14 days of your arrest to request a hearing regarding the State action against your driving privilege. Failure to make this request will result in a significant suspension. In accordance with the relevant State law, the request must be in writing and include your full name, home and mailing address (if different), telephone number, date of birth and your driver license number. The request must be sent to and filed by the Driver License Appeal Division in Lansing. A written request may be sent by regular mail, you are encouraged to send it by registered mail, with a return receipt requested. The hearing request may also be filed by fax or hand delivered. The Lansing address is: Driver License Appeal Division Michigan Department of State P.O. Box 30196 Lansing, MI 48909-7696 If you are uncertain as to whether you refused the chemical test or about making the request, a qualified DUI or OWI lawyer in your area can help you determine whether you need to make the request, and if you do, properly make the request. Usually the issues relate to the legality of the arrest and other specific legal aspects of the case, a qualified lawyer should be able to explain the charges and defenses of your specific case. A misdemeanor first offense carries with it a 93 day maximum sentence, most citizen’s accused of DUI or OWI did not receive the "maximum" however a good lawyer can keep you out of jail entirely. |
DUI Information HomeDUI Information
|