A Michigan DUI Misdemeanor is a First or Second Offense in Which There are No Additional Aggravating Factors
While it is true that there are some misdemeanors in Michigan that are quite minor (for instance, driving without your driver’s license on your person), a Michigan DUI misdemeanor is quite serious.
Michigan DUI misdemeanants can face the very real possibility of being sentenced to a period of incarceration. Additionally, fines and costs to the court can amount to thousands of dollars. You can also be required to submit to random drug and alcohol testing (at your expense) as well as be made to participate in a lengthy and expensive substance abuse rehabilitation program. Attorney Richard I. Lippitt can help you confront and overcome many of the serious consequences of a Michigan DUI misdemeanor.
The length of potential incarceration is the key distinguishing factor that differentiates a Michigan DUI misdemeanor from a Michigan DUI felony. In Michigan, the maximum period of incarceration for a DUI misdemeanor is one year in a county jail. A judge cannot sentence a Michigan DUI misdemeanor defendant to prison. Conversely, a Michigan DUI felony (without aggravating factors) grants a judge the authority to sentence a defendant to one to five years in a Michigan prison. Other differences are the right to vote and to bear arms. A convicted Michigan DUI misdemeanant will retain their right to vote and to own a firearm. A Michigan DUI felon is denied the right to vote and own a gun.
If this is your first alcohol and driving offense, and if there are no aggravating circumstances, then you are facing a Michigan DUI misdemeanor in which you can be sentenced to up to 93 days in a Michigan county jail. If there is a conviction for Michigan Super Drunk (a BAC of higher than .17%) you could potentially be sentenced to 180 days in a Michigan county jail.
Misdemeanor convictions for Michigan DUI allow the courts to sentence you to significant periods of community service. Additionally, the Michigan Secretary of State will automatically take action against your Michigan driver’s license. The Secretary of State can order your license to be revoked or suspended. You may also be ordered to install an embarrassing and expensive interlock ignition device in order to maintain your driving privileges.
The event of a Michigan DUI conviction will almost certainly cause your insurance company to “re-rate” your policy. The insurance carrier will often choose to re-categorize you as a high-risk driver. This can frequently result in a doubling, tripling or even quadrupling of your premium. Of course, a misdemeanor conviction is very much a criminal conviction. This can affect your ability to seek new employment.
If you have been charged with a Michigan DUI misdemeanor, you need to take the allegation seriously. Attorney Richard I. Lippitt has the experience and knowledge that is required to confront your case. Mr. Lippitt employs a vast network of scientific and blood experts who can potentially challenge your Michigan DUI arrest. Additionally, Mr. Lippitt possesses the legal scholarship necessary to develop potential constitutional challenges of your Michigan DUI arrest.
If you've been arrested for DUI, DWI, or OWI, call me. I've helped hundreds of people stay out of jail, avoid penalties, and protect their rights, and I can help you.
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