Driving under the influence is the operation of a motor vehicle while intoxicated with alcohol or other substances. DUI presents many serious risks for the driver, passengers, bystanders, and others. For this reason, DUI is illegal in all states, and Michigan is no exception. If you are facing a DUI charge, there are quite a few ways that you can escape the penalty.
DUI Penalties in Michigan
Michigan, like other states, has made driving while intoxicated illegal for a good reason. In 2018, a survey estimated that 3.37 people in 10,000 incurred injuries in alcohol-related driving accidents. The same survey estimated that 0.54 people in 10,000 were injured when alcohol and drugs were combined. These numbers do not seem too high, but these still represent injuries and bodily harm.
Michigan law has specific guidelines in place to make sure that citizens abide by the rules. The following are some Michigan laws that are related to DUI:
- It is illegal to drive while impaired or intoxicated by alcohol.
- A bodily alcohol content (BAC) that amounts to 0.08 can net you a charge for DUI.
- BAC that exceeds 0.17 can net you a high BAC offense also named super drunk which is more serious.
- It is also illegal to drive while under the influence of other controlled substances.
- It can net you a charge for DUI and other drug-related charges.
- Drivers under the age of 21 have to take note of the following:
- Underage drivers cannot drive with a BAC higher than 0.02.
- Underage drivers cannot buy alcoholic beverages.
The stricter laws on underage drivers can be due to their inexperience on the road. Regardless of age, driving while under the influence of alcohol is never a good idea.
DUI and Related Charges
There are other things that an intoxicated person can be charged with. These charges depend on specific circumstances. Some of these are:
- Operating while visibly impaired: OWVI charges are possible when the driver’s ability to drive is visibly impaired due to substance consumption.
- Operating while intoxicated: Operating while intoxicated, or OWI, has three
divisions for its violations.
- BAC higher than 0.08
- BAC higher than 0.17
- Presence of alcohol in the driver’s system which led to increased risk in operating the vehicle
- Operating with any presence: OPWD charges are possible when illegal drugs are present in the driver. This charge is still possible even if the driver’s ability does not seem to be impaired.
- Zero tolerance: This applies to those under the age of 21. BAC level of 0.02 and above makes this charge valid. Special exemptions are possible for the consumption of alcohol at religious ceremonies in minimal amounts.
Beating a DUI Charge
Just because you have been filed with a DUI charge does not mean that everything is over for you. There are certain factors regarding the charge that can be used to your favor. These factors can abuse the little loopholes in the law or the charging process. Some of these include the following:
- Falsification of the DUI report
- Conduction of illegal stops by police officers or other police mistakes
- Errors in the calibration, use, and functions of breath test equipment
- Malfunctions and improper use of breath test equipment
- Errors or faults in blood testing
- Presence of misleading statements from bystanders, officers, and other people involved
- False and misleading testimonies
- Video evidence
- Many other issues
You may benefit when enough of these factors are present. A solid case to save you from the charge can become possible. Remember that the burden of proof lies in the people building the case against you. It can be used to your advantage to save you from the charge.
How We Can Help You Beat that DUI Charge
Each DUI case is different. The police will build a case against you by looking at specific details surrounding your charge. With the factors that we have mentioned above, an experienced DUI Michigan attorney can look for loopholes to help you go free.
If you have a DUI charge, we at The Clark Law Office can help. Our staff and lawyers have years of experience in dealing with DUI charges. We have been serving Michigan for years and we are one of the most trusted Law Offices that you can find. Contact us at +1 (517) 347-6900 for a free consultation.