Drunk Driving Blog
Kalamazoo - Drunk Driving Law Blog

Operating While Intoxicated:

Posted January 9, 2017

A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within Michigan if the person is operating while intoxicated. MCL 257.625(1).7. As used in MCL 257.625, operating while intoxicated means any of the following:

(a) The person is under the influence of alcoholic liquor, a controlled substance, or other intoxicating substance or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance.

(b) The person has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or, beginning October 1, 2018, the person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(c) The person has an alcohol content of 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.” MCL 257.625(1).

If a person is convicted of violating MCL 257.625(1), all of the following apply:

(a) Except as otherwise provided in MCL 257.625(9)(b) and MCL 257.625(9)(c)8, the person is guilty of a misdemeanor punishable by 1 or more of the following:

(i) Community service for not more than 360 hours.

(ii) Imprisonment for not more than 93 days, or, if the person is convicted of violating MCL 257.625(1)(c), imprisonment for not more than 180 days.

(iii) A fine of not less than $100.00 or more than $500.00, or, if the person is guilty of violating MCL 257.625(1)(c), a fine.

If the violation occurs within 7 years of 1 prior conviction, the person shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and 1 or more of the following:

(i) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of the term of imprisonment imposed under this subparagraph shall be served consecutively.

(ii) Community service for not less than 30 days or more than 90 days.

 

Operating While Visibly Impaired (OWVI)

Posted December 4, 2016

A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within Michigan when, due to the consumption of alcoholic liquor, a controlled substance, or other intoxicating substance, or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance, the person’s ability to operate the vehicle is visibly impaired. MCL 257.625(3)

If a person is charged with violating MCL 257.625(1), a finding of guilty under MCL 257.625(3) may be rendered. MCL 257.625(3). If a person is convicted of violating MCL 257.625(3), all of the following apply:

(a) Except as otherwise provided, in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by 1 or more of the following:

(i) Community service for not more than 360 hours.

(ii) Imprisonment for not more than 93 days.

(iii) A fine of not more than $300.00.

If the violation occurs within 7 years of 1 prior conviction, the person shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00, and 1 or more of the following:

(i) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of the term of imprisonment imposed under this subparagraph shall be served consecutively.

(ii) Community service for not less than 30 days or more than 90 days.

If the violation occurs after 2 or more prior convictions, regardless of the number of years that have elapsed since any prior conviction, the person is guilty of a felony and shall be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and either of the following:

(i) Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years.

(ii) Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days. Not less than 48 hours of the imprisonment imposed under this subparagraph shall be served consecutively.

A term of imprisonment imposed under subdivisions (b) or (c) shall not be suspended. . . .”

MCL 257.625(11).

 

Driver Responsibility Fees and Restricted Licenses

Posted November 23, 2016

All driver responsibility fees required to be assessed by the secretary of state under MCL 257.732a for the conviction or convictions that led to the restricted license under MCL 257.304 shall be held in abeyance as follows:

(a) The fees shall be held in abeyance during the time the person has a restricted license under this section and is participating in the DWI/sobriety court program.

(b) At the end of the person’s participation in the DWI/sobriety court program, the driver responsibility fees shall be assessed and paid under the payment schedule described in MCL 257.732a.

MCL 257.304(10).

 

Violating the Terms of the Restricted License After Completion of the DWI/Sobriety Court Program

Posted October 19, 2016

After the person completes the DWI/sobriety court program, the following apply:

The secretary of state shall postpone considering the issuance of an unrestricted license under MCL 257.322 for a period of 3 months for each act that would be a minor violation if the person’s license had been issued under MCL 257.322(6). As used in this subdivision, ‘minor violation’ means that term as defined in R 257.301a of the Michigan administrative code.

The restricted license issued under this section shall be suspended or revoked or denied as provided in MCL 257.304(8), unless set aside under MCL 257.304(6), if any of the following events occur:

(i) The person operates a motor vehicle without an ignition interlock device that meets the criteria under MCL 257.304(2)(b).

(ii) The person removes, or causes to be removed, an ignition interlock device from a vehicle he or she owns or operates unless the secretary of state has authorized its removal under MCL 257.322a.

(iii) The person commits any other act that would be a major violation if the person’s license had been issued under MCL 257.322(6). As used in this subparagraph, ‘major violation’ means that term as defined in R 257.301a of the Michigan administrative code.

(iv) The person is arrested for a violation of any of the following:

(A) [MCL 257.625].

(B) A local ordinance of this state or another state substantially corresponding to MCL 257.625.

(C) A law of the United States substantially corresponding to MCL 257.625.

If the person is convicted of or found responsible for any offense that requires the suspension, revocation, denial, or cancellation of the person’s operator’s or chauffeur’s license, the restricted license issued under this section shall be

suspended until the requisite period of license suspension, revocation, denial, or cancellation, as appropriate, has elapsed.  If the person has failed to pay any court ordered fines or costs that resulted from the operation of a vehicle, the restricted license issued under this section shall be suspended pending payment of those fines and costs.” MCL 257.304(9).

 

 

 

 

 

 


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