A first offense DUI/OWI charge in Michigan should not be taken lightly and should definitely not be defended by someone other than an experienced Michigan DUI lawyer. A DUI conviction in Michigan will remain on a person's criminal record for life if not succesfully defended in court. A DUI cannot be expunged from a person's record in Michigan.
When a person is arrested on a first offense DUI charge in Michigan they will actually be faced with two charges. The first charge will be the criminal act of operating a vehicle while intoxicated, which will be handled through the Michigan criminal court system. The second charge will be the administrative aspect pertaining to the person's driver's license, which will be handled through the Michigan Secretary of State's office (drivers license division).
A first offense DUI in Michigan will result in a fine amount of $100 minimum up to a maximum base fine amount of $500 plus a first time offender will be required to pay an additional $1,000 per year for two consecutive years to the Secretary of State (the $1,000 fee is referred to as the "driver responsibility fee").
First time DUI offenders in Michigan will be facing a jail sentence of up to 93 days. The length of the jail sentence will be dependant upon the court, based partly on the circumstances surrounding your case.
Drivers License Suspension
A first offense DUI in Michigan will result in a 180 day license suspension. Most first time offenders will be eligible to apply for a restricted driving permit after the first 30 days of the suspension period have lapsed. Beforing being issued a permit or full license reinstatement following your suspension you will be required to complete an SR22 insurance filing with the DMV. You can obtain an SR22 insurance policy and filing by entering your zip code below and completing the short form on the following page:
A first time DUI offender will be required to perform up to 360 hours of community service. The actual amount of community service will be at the courts discretion.
Chemical Test Refusal
If you refused a chemical test you only have 14 days to challenge the refusal. If you fail to win your challenge or fail to request a hearing within the 14 day time frame allowed your driver's license will be suspended for 1-year.
Important: If you have been arrested on a first offense DUI charge in Michigan and refused to submit to a chemical test you only have 14 days from the date of refusal in which to request an administrative hearingwith the Michigan SoS office if you wish to challenge the suspension of your license.
If you wish to avoid a 1-year suspension of your driver's license for a chemical test refusal it is very important that you contact our skilled Michigan DUI/OWI lawyers today so that we can get your administrative hearing scheduled with the Michigan SoS office and represent you at your hearing.
At the administrative license hearing the administrative hearing officer who has been assigned to hear your case will look at the evidence against you from the arresting officer including: BAC level at the time, field sobriety test results (if you submitted to them), and whether or not you submitted to a chemical test or refuse the chemical test.
The hearing officer will also hear testimony against you from the arresting officer and hear testimony in your favor from your lawyer, yourself, and any witnesses your lawyer has subpoenaed to appear at the hearing.
A first offense DUI in Michigan will result in a 180 day driver's license suspension. Most drivers will be eligible to apply for a restricted driving permit after the first 30 days of their suspension period have passed. Those that accept a plea bargain will not have their license suspended at all but will have restricted driving conditions for the next 90 days. It should be noted that accepting a plea bargain is the state's way of getting you to agree to pleading guilty to an impaired driving charge, which is a form of a DUI conviction.
Once you become eligible for a restricted driving permit you will be required to show proof of financial responsibility to the DMV in the form of an SR22 insurance filing with the state of Michigan. You will be required to keep your Michigan SR22 insurance policy in force for a period of 3-years from the date that you either receive a restricted permit or from the date that your driver's license was reinstated in full if you did not receive a restricted permit during your suspension period.
Once you receive your permit or license it is important to note that you absolutely want to avoid a potential lapse in your Michigan SR22 insurance coverage. If a lapse occurs your insurance provider is obligated to inform the DMV of such a lapse. When this happens the DMV will send you a letter telling you that they have canceled your driver's license due to a lapse in your SR22 insurance coverage.
To reinstate your driver's license following a cancellation you must first bring your SR22 insurance premiums up-to-date with your insurance provider. Your insurance provider will then file another SR22 form with the DMV. After this happens you will then need to go down to your local DMV office and pay another reinstatement fee and any additional fees required. Once those items are done you will be issued another driver's license. It should also be noted that your 3-year SR22 filing period will start all over again if a lapse in insurance coverage occurs.
Once you become eligible for a restricted driving permit or to have your license reinstated following your 180 day suspension period you will need to do the following:
To avoid a possible lapse in your Michigan SR22 insurance coverage it is important to select a Michigan SR22 insurance policy with the lowest possible premium from the start. We have created a competitive quoting environment with the top SR22 insurance providers in the state of Michigan. By entering your zip code in the box below and completing the simple 3-part quote form on the following page you will receive up to 5 very competitive SR22 insurance quotes from the top insurance companies in your area of the state:
Michigan DUI Laws - A complete overview of Michigan DUI laws including fines, jail time and penalties for each offense.
Michigan SR22 Insurance - Learn everything you need to know about Michigan SR22 filing requirements with the DMV and find out how you can save hundreds of dollars each year on your Michigan SR22 insurance.
Michigan DUI Lawyers - Contact one of our Michigan DUI lawyers today.
Michigan Substance Abuse Treatment Programs - We offer a complete listing of Michigan approved alcohol treatment programs.