Michigan Driving Under the Influence Law

In common with many other States, a DUI arrest in Michigan will lead to two cases being brought against the defendant, a criminal case and an Office of Administrative Hearings case. If you have been arrested for DUI in Michigan, you have only 14 days in order to apply for a hearing at the Office of Administrative Hearings in order to retain your driver's license. It is therefore essential that you contact a Michigan DUI lawyer as soon as possible.

Charges for DUI in Michigan can be prosecuted either on the basis of Blood Alcohol Concentration, which is currently set at a maximum of 0.08% or through proving impairment through “field sobriety tests”, driving patterns or through the testing of breath, blood or urine. A skilled DUI lawyer will be able to handle each of these situations. In Michigan you can refuse a blood test as long as you are prepared to take a urine or breath test. Refusal to provide a sample at all is taken as consciousness of guilt which could increase any penalties accrued and may lead to a 120 day suspension of driving privileges. For drivers under the age of 21, Michigan operates a “zero tolerance” policy.

Michigan has a number of factors that significant increase the punishment due to someone convicted of DUI - for example endangering the life of a child or serious injury as a result of DUI.