Define a DUI Felony in Michigan
Every state punishes drunken driving. Generally referred to as either driving under the influence of alcohol (DUI), driving while intoxicated (DWI) or operating while intoxicated (OWI), drunken driving is a very serious offense that can bring significant criminal penalties. In Michigan, DUIs can be charged as either misdemeanors or felonies.
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Basis
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Michigan has a "per se" DUI law, meaning anyone can be charged with a DUI as long as his blood-alcohol concentration is measured at 0.08 percent or higher. This means drivers do not have to display any behavior indicative of intoxication and can be charged with a DUI whether or not they feel drunk.
Offenses
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In Michigan, the first DUIs a person receives are charged as misdemeanors, meaning the potential punishment does not include incarceration of more than a year. All third or subsequent DUI convictions are charged as felonies.
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Punishment
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Felony DUI charges in Michigan brings significant potential criminal punishments. Anyone convicted of a felony DUI can be sentenced to up to five years in prison and up to $1,000 in fines. Drivers can also be sentenced to between 60 and 180 days of community service.
Complications
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In addition to third or subsequent DUI charges, complicating factors can elevate a misdemeanor DUI to a felony whether or not the person has previously committed the requisite two or more DUIs. Anytime a DUI is committed that causes serious injury or death to a person, it is automatically charged as a felony in Michigan.
Effects
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Apart from the criminal penalties, a felony DUI also results in limitations on the driver's driving privileges. A felony DUI conviction brings with it a minimum one-year suspended license and the potential for more significant restrictions. Drivers can face the imposition of ignition interlock devices on their vehicles and even face vehicle forfeiture.
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References
- Photo Credit glass of alcohol image by Gleb Semenjuk from Fotolia.com
