If you have been charged with a Michigan drunk driving charge it’s time to consider your next steps. Recently on our DUI forum we had a user ask, “If I have been arrested for a Michigan DUI what are the chances I will be convicted if my blood alcohol concentration was 0.09%? If they do decide to charge me what are the chances that I can get my Michigan OWI reduced to a lesser charge?”
Plea Bargain for Michigan OWI (operating while intoxicated) charge
A plea bargain allows a criminal charge to be reduced if the prosecutor and the defendant or their lawyer is able to come to an agreement. Generally, in a drunk driving case the driver will plead guilty to a lesser charge and give up their right to a jury trial to defend themselves against a criminal charge.
In Michigan, for many first-time drunk driving cases a driver is able to plead their drunk driving charge or Michigan OWI down to an Operating While Visibly Impaired (OWVI). This plea bargain is quite common, and the vast majority of first offense Michigan OWI cases are resolved with this plea bargain.
If you are considering a plea bargain after your Michigan OWI arrest the first step is to talk to a Michigan drunk driving lawyer. They have experience negotiating with prosecutors and can ensure you get the best possible result.
What will happen if I don’t take a plea bargain after a Michigan OWI charge?
If the state does not have sufficient evidence to prosecute your case or their evidence is weak your drunk driving lawyer may recommend pursuing the case and pleading not guilty. Without more information about this driver’s specific OWI evidence it’s difficult to provide any more information, but the driver did note that the state had chemical evidence that their blood alcohol concentration was 0.09%.
This level is above the legal limit in the state of Michigan, and unless the driver has evidence that the chemical test was done improperly, the police did not have probable cause to make the stop or some other aspect of the case was not done properly the state may have sufficient evidence to win their case and the driver may want to consider a plea bargain.
Fines for a Operating While Visibly Impaired (OWVI) in Michigan
Even if you are charged with Operating While Visibly Impaired (OWVI) in Michigan the charges will be less severe than a Michigan OWI. You will, however, still face the following fines and penalties:
- Up to 93 days in jail.
- Up to 360 hours of community service.
- Driver license restriction for 90 days (180 days if impaired by controlled substance).
- Possible vehicle immobilization.
- Four points on driver record.
- $500 Driver Responsibility Fee for two consecutive years
- Up to $300 fine
Talk to a DUI lawyer who understand Michigan’s OWI laws and what your options might be after a Michigan OWI arrest.
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