Michigan considers drinking and driving to be a DUI (driving under the influence), and like many states has a history of penalizing drivers who get behind the wheel, drive, and break the law by putting others in jeopardy. There is no easy way to put it: drinking and driving is incredibly dangerous. The odds of you getting into an accident after drinking and driving can double.
For Detroit residents, DUI laws are designed to protects citizens on the road. The good news is, even if you drink and drive, you can fight for your rights. If you believe the officers were improper in the arrest, for example, you have the right to fight your case.
What are the Michigan DUI Laws?
If you are charged with a DUI in the Detroit area, you will be penalized in court. Detroit is really no different than other cities of the state, but the fact it’s the largest city in Michigan and how many are endangered by drinking and driving make it tough to fight. You need an experienced Detroit DUI attorney who knows the laws we are going to explain.
The Michigan DUI laws are based on the same BAC (blood alcohol content) levels. If you are pulled over and your BAC is tested using a breathalyzer to be over .08 percent, you will be arrested and face DUI charges.
How does the Detroit officer know to pull you over? It may be pretty obvious to everyone but the driver. If you weave within your lane, wander between lanes, run off the street, stop too quickly or slowly, speed in excess, or even go through a stop sign or red light, you can be pulled over. There are other ways an officer can see you’ve been drinking, but these are the most common and what the police look for.
What are the penalties for a Michigan DUI?
You will first be arrested during the arrest. This is the same in all 50 states. You will not, of course, be allowed to just drive home. Once you are allowed to leave jail or post bail, you will appear in court within 77 days. This is the limit; it will be no later than 77 days.
You will also immediately have your driver license suspended for a mandatory six months. If you are pulled over in Detroit, fail a BAC test, you will automatically lose your license no matter what. In some cases, you can appeal for a lesser suspension — an experienced Detroit DUI attorney can help with that.
What if you get multiple DUI charges?
Michigan has a law where if you are pulled over a second time you automatically spend time in jail. So if you’re caught driving in Detroit drinking and driver, and then later you are caught again, you typically spend time in jail or at the least do community service.
If you get three DUI charges in your lifetime, it’s considered a felony, a much harsher charge. If you hurt someone while drinking and driving, it can also be a felony.
What do you do after a Detroit DUI?
All are innocent until proven guilty, and you will have your day in court. Since the laws and how you plead are complex, you should immediately hire a Detroit DUI attorney after even a first charge. You can typically negotiate with the prosecution for a lesser charge. If you feel your arrest was incorrect, that you were not over the legal BAC limit or for some other reason, you can also fight with an attorney’s help.