DUI vs. Driving Impaired in Michigan
DUI and driving impaired in Michigan fall under different categories. Instead of using of the term DUI (driving under the influence) which many states use, Michigan employs the acronym OWI (operating while intoxicated). Impaired driving or OWVI (operating while visibly intoxicated/impaired) constitutes a lesser offense, which does not receive as harsh a punishment as OWI.
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OWI
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OWI makes it illegal for a person to operate a motor vehicle on a public road or highway while intoxicated. Michigan drunk driving regulations defines this as under the influence of alcohol, a controlled substance, or a combination of the two. Like other states, Michigan also has "per se" DUI laws that states when the blood alcohol content from a blood, urine or breath test results in a BAC of 0.08 or higher, the test presents the evidence needed to prove impairment.
OWVI
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The operation of a motor vehicle while "visibly impaired" comes into play when motorists refuse to take a chemical test. The charge relies on the prosecution providing evidence beyond a reasonable doubt of the driver's impairment. The case depends on the subjective observation of law enforcement as it relates to the driver's driving behavior, slurred speech or failed field sobriety tests.
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Implied Consent
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Michigan has a regulation known as the "implied consent law." It states that a person issued a Michigan driver license automatically agrees to urine, blood or breath tests for drugs or alcohol if stopped under the suspicion of OWI. The officer must read the driver the law and explain what happens if the motorist refuses to take the test. Drivers who refuse or fail chemical tests face an automatic license suspension.
The police takes the license and issues a temporary permit. Motorists have the right to request an "implied consent hearing" within 14 days by the Driver's License Appeal Board (DLAB). Failure to request hearing results in six points added to your driving record and an automatic one-year suspension of your driver's license.
Considerations
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Some special circumstances can cause the state to enhance the charges and the punishment associated with OWI or OWVI. For example, Michigan deems a commercial driver legally intoxicated when the BAC comes in at 0.04 or higher. An arrest that results in serious bodily harm may lead to a felony charge, which carries more severe penalties. A motorist charged with DUI and has a child under the age of 16 in the vehicle will incur an additional misdemeanor charge.
Penalties
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A first time offense results in a misdemeanor. It may result in up to 93 days in jail, a 30-day driver's license suspension and 150 days of restricted driving. A second violation can mean up to a year in jail and a loss of your vehicle. A third time violator can receive between one to five years in prison and at least a five-year suspension of driving privileges. Offenses associated with fatalities mandates a 15- to 20-year jail sentence. Beside incarceration and a driver's license suspension, a conviction also entails substantial fines, limited career choices, and loss of insurance or increased insurance premiums.
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References
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