DUI, OWI, OWVI, OUID, OUIL Superdrunk what does this all mean and what are the differences?

There are a multitude of drinking and driving charges.

The main first offense charges are:

1) Operating While Visibly Impaired MCL 257.625(3),

2) Operating While Intoxicated MCL 257.625(1),

3) Operating with a High BAC MCL 257.625(1)(c), and

4) Operating With Any Presence of a Schedule 1 Drug MCL 257.625(8).

5) Operating while visibly impaired is when your blood alcohol content is below .08 but there is enough to noticeably impair your driving.

6) Operating while Intoxicated is driving with an blood alcohol content greater than .08. It makes no difference if your driving is not impaired.

7) Operating with a High BAC is also known as “Superdrunk” and occurs when you are driving with a blood alcohol content that us .17 or higher.

8) Operating With Any Presence of a Schedule 1 Drug can be illegal or legal drugs. If the drug is illegal also known as a Schedule One drug (which includes marijuana) then any amount in your blood will be enough for a conviction. If you are using a legal drug such as a prescribed pain pill, then it will have to be proven that the prescription pills are a controlled substance and impaired your driving and would be charged under OWI (Operating While Intoxicated MCL 257.625(1)(a))

These offenses have both criminal penalties as well as Secretary of the State driving penalties. The fallout for a first offense drinking charge is:

Charge

Maximum Jail Time

Community Service

Maximum Fines

Minimum Fines

Suspension    (No Driving)

Suspension (Restricted)

Driving Points

Driver’s Responsibility Fees

OWVI 93 Days Up to 360 Hours $300.00 $0.00 0 Days 90 Days 4 Pts $500.00 for two years
OWI 93 Days Up to 360 Hours $500.00 $100.00 30 Days 150 Days 6 pts $1000.00 for two years
High BAC 180 Days Up to 360 Hours $700.00 $200.00 45 Days 325 Days 6 pts $1000.00 for two years
OWPD 93 Days Up to 360 Hours $500.00 $100.00 30 Days 150 Days 6 pts $500.00 for two years

 

This table does not include the penalties for aggravated drinking charges such as Operating While Intoxicated resulting in a Death or Injury and Child Endangerment Operating While Intoxicated which occurs when the person charged with a drinking related driving offense also has a child under 16 in the car.

For Second offenses, the penalties steeply increase.

Charge

Maximum Jail Time

Minimum Jail Time

Community Service

Maximum Fines

Minimum Fines

License Revocation

Driver’s Responsibility Fees

OWVI 1 Year 5 Days

30 Day Min.

90 Day Max.

$1,000.00 $200.00 365 Days $500.00 for two years
OWI 1 Year 5 Days

30 Day Min.

90 Day Max.

$1,000.00 $200.00 365 Days $1000.00 for two years
OWPD 1 Year 5 Days

30 Days Min.

90 Days Max.

$1,000.00 $200.00 365 Days $500.00 for two years

 

For second offenses there is not a suspension period on your license because your license is revoked for a year. In addition, High BAC only applies to a first offense charge.

Any third or subsequent offense is a felony in Michigan.

If you need help with criminal charges, contact Nye & Associates for a free consultation. Serving Roscommon County, Crawford County, Saginaw County, and the surrounding area.

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