Man holding glass of Alcohol next to car key

Common Misconceptions About DUIs

Detroit Legal Group PLLC May 4, 2023

In Wayne County, Michigan, law enforcement reported a total of 3,992 DUI-related arrests in 2021 that led to 1,195 convictions. While getting arrested or charged for a DUI may feel isolating and stressful, know that you’re not alone. A trusted criminal defense attorney can help you understand your rights and fight for a fair outcome. 

Turn to the Detroit Legal Group PLLC with any questions you may have about DUI charges in Michigan. We help clients protect their right to a fair defense by separating the truth from fiction.  

DUI/OWI Charges in Michigan

In Michigan, driving under the influence (DUI) or operating while intoxicated (OWI) is a serious offense that can result in significant legal and financial consequences. Here’s what you need to know about DUI/OWI charges in Michigan: 

  • In Michigan, it’s illegal to drive with a blood alcohol content (BAC) of 0.08% or higher. 

  • The penalties for a DUI/OWI conviction in Michigan can include fines, license suspension, community service, probation, and even jail time. 

  • If you’re pulled over on suspicion of DUI/OWI in Michigan, you may be required to submit a chemical test to determine your BAC. Refusing the test can result in automatic license suspension and other penalties. 

  • If you’re convicted of DUI/OWI in Michigan, your driver’s license may be suspended or revoked. Depending on the circumstances, you may be eligible for a restricted license that allows you to drive to work, school, or medical appointments. 

  • In Michigan, some DUI/OWI offenders may be required to install an ignition interlock device (IID) in their vehicle. 

Common Myths and Facts About DUI Charges in Michigan

Let’s discuss the following common myths and facts about DUI charges in Michigan: 

A DUI charge isn’t worth fighting. 

It’s important to take DUI charges seriously and explore all possible legal options for defending yourself against them. A DUI conviction can have serious consequences, including fines, license suspension or revocation, and even jail time. Additionally, a DUI conviction can have long-term impacts on your personal and professional life, including difficulty finding employment and higher insurance rates. That is why fighting a DUI charge is worth the time and effort. 

The charge is so common it isn’t serious. 

While DUI charges are relatively common, they can have serious legal and personal consequences. It’s important to take any criminal charge seriously, including DUI charges. Even a first-time DUI offense can result in significant penalties, and repeat offenses can result in even harsher consequences. 

You must submit to a field sobriety test. 

Field sobriety tests are commonly used by law enforcement to help determine if a driver is impaired. However, you are not required by law to take these tests. If you are pulled over on suspicion of DUI, you have the right to refuse a field sobriety test. It’s also important to understand that refusing to take the test can have consequences, including the potential for license suspension or revocation. 

You have to actually be driving to be arrested for a DUI. 

You can be arrested for DUI even if you are not actively driving a vehicle at the time of the arrest. Under Michigan law, “operating a motor vehicle” can include a wide range of activities beyond just driving, such as sitting in the driver’s seat with the keys in the ignition or even just having the ability to control the vehicle in some way. 

When arrested for a DUI, I don’t have to submit to urine/blood tests.

Under Michigan law, drivers are considered to have given their implied consent to chemical testing when they obtain a driver’s license. So, if you’re arrested for DUI, you’re required to submit to a chemical test of your blood, breath, or urine to determine your BAC. Refusing to submit to a chemical test can result in immediate license suspension and other penalties, regardless of whether you’re ultimately convicted of DUI. 

Take Your Next Steps

At the Detroit Legal Group PLLC, we will aggressively defend your right to a fair defense. We believe in treating you as we would like to be treated ourselves. We may not have a magic wand, but we know how to pursue your best result. 

If you have been charged with a DUI/OWI, don’t hesitate to contact our team. Initial consultations are free, so there’s no risk in reaching out. We’re ready to step into the courtroom in Detroit, Michigan. We can also help if you live in Dearborn, Southfield, or Warren or need professional legal counsel anywhere throughout the state.