Legal Question in DUI Law in Michigan

Operating While Impaired; first time

I am charged with operating while impaired (i blew a .08) and possesion of a fake id. this is my first time on both charges. What consequences am i looking at? What will happen to my license (i am from ny state and hold a ny drivers license?

What will happen to my permenant record and my drivers record? What will happen to my insurance?

Asked on 2/19/05, 3:26 pm

2 Answers from Attorneys

Jesse Sweeney Sweeney Law Offices, P.L.L.C.

Re: Operating While Impaired; first time

IT all depends on if you are found guilty or plead guilty to a lesser offense. There are many implications, but with a .08 it might be a good idea to retain counsel to see if your case can be dismissed, as .08 is a borderline PBT reading. Feel free to contact me for more information - this is one situation where you do NOT want to represent yourself. 1-888-31-SWEENEY.

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Answered on 2/19/05, 3:33 pm

John C. Talpos Talpos & Arnold

Re: Operating While Impaired; first time

I have received a copy of your posting about your DUI arrest. There are many aspects to your questions. First, although it is possible that you are being charged with Impaired Driving, I would be surprised if it really is that way. Usually a driver is charged with the greater offense of Operating While Intoxicated (OWI). I will assume both that you are, indeed, charged with Impaired Driving and that the prosecution will not increase the charge to OWI.

You are facing 4 types of sanctions. First, you are facing criminal sanctions in Michigan. Second, you are facing license sanctions in Michigan. Third, you are facing license sanctions in New York. Fourth, you are facing insurance sanctions.

Regarding the criminal sanctions, you will probably be sentenced as follows if you are convicted of Impaired Driving. You could get up to 93 days in jail; however it is much more likely that you will get NO jail time. It is likely that you will be assessed fines and costs that will total between $1,000.00 and $1.250.00. Could be higher, could be lower, but that is a pretty accurate range. You will be assessed a "Drivers Responsibility" tax of $500.00/year for 2 years. You will be put on probation for up to two years with a "probationary oversight cost" of approximately $30.00 to $40.00 per month. You will have to attend a Victims Impact Panel meeting one time. You will have to attend an alcohol awareness or driving class at least once (on the low end) up to mandatory AA meetings 2 or 3 times a week. That is up to the judge's discretion and the Court's conclusion about whether you have a drinking problem. Some Courts always believe a person charged with a drinking/driving offense MUST have an alcohol problem. Finally, you could be required to perform community service.

Regarding Michigan license sanctions, your right to drive in Michigan will restricted to school, work, court, probation requirements for 90 days.

Regarding New York license sanctions, I cannot advise you. New York is part of the Interstate Compact which means that it picks up out-of-state convictions of New York residents. I do not know what license sanctions exist i New York, but I guarantee that they exist. You might have an "out" in that regard because New York may not have an Impaired Driving offense. If not, there is a possibility that a Michigan Impaired conviction would not trigger a New York license sanction--but don't count on it. You definitely need to check with a NY lawyer or have your MI attorney do so.

Regarding your auto insurance, it will ge UP, if you can get it at all. Way up!

I hope I have answered your questions. You really do need to retain counsel. I specialize in drunk driving defense and have seen what happens to defendants who do not have good representation. John C. Talpos ( I can be reached at (248) 743-6800

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Answered on 2/19/05, 5:19 pm

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