Tag Archives: SR22 Insurance in MI

DUI & DWI Penalties in Michigan – SR22 Insurance in Michigan

DUI Penalties in Michigan

What You Can Be Charged With?

Michigan has a number of separate but related charges for drivers who are impaired due to something they have ingested. These charges are to ensure that dangerous drivers don’t slip through the system unpunished:

  • Operating While Visibly Impaired (OWVI): Your inability to operate a motor vehicle was visible to the arresting officer, most likely due to the presence of alcohol or other drugs in your body. You don’t need a BAC of 0.08 or above to be charged with OWVI.
  • Operating While Intoxicated (OWI): Alcohol or drugs in your body substantially affected your ability so you could not operate a motor vehicle safely. OWI can also mean that―when tested in the field, at the police station, or at a hospital―your blood alcohol concentration (BAC) was at or above 0.08%.
  • Operating With Any Presence of a Schedule 1 Drug or Cocaine: Even if you don’t appear intoxicated or impaired, if you have even a trace of these drugs in your blood (as determined by a chemical test of your blood, breath, or urine), you can be charged.
  • Under Age 21 Operating with Any Bodily Alcohol Content: As a minor, you’ll be charged if you have a BAC of 0.02 to 0.07 or any presence of alcohol other than that consumed at a generally recognized religious ceremony.

Handcuff Picture

When You Go to Court

Generally, expect to go to court and have adjudication within 77 days.

If you’re convicted of OWI you could face:

  • A $100 to $500 fine
  • Up to 93 days in jail.
  • Up to 360 hours of community service.
  • Driver license suspension for 30 days, followed by restrictions for 150 days.
  • Possible vehicle immobilization.
  • Six points added to driver record.

If you’re convicted of OWVI, you could face:

  • Up to a $300 fine and one or more of the following:
  • Up to 93 days in jail.
  • Up to 360 hours of community service.
  • Driver license restriction for 90 days (180 days if impaired by a controlled substance).
  • Possible vehicle immobilization.
  • Four points on driver record.

What happens if you get a second conviction for OWI within seven years? A judge could choose to give you:

  • A $200 to $1,000 fine.
  • Five days to one year in jail.
  • Thirty to 90 days community service.
  • Driver license denial or revocation for a minimum of one year.
  • License plate confiscated.
  • Vehicle immobilization for 90 to 180 days unless vehicle is forfeited.
  • Possible vehicle forfeiture.
  • Six points on driver record.

A second OWVI conviction within seven years could mean:

  • A $200 to $1,000 fine.
  • Five days to one year in jail.
  • Thirty to 90 days community service.
  • Driver license denial or revocation for a minimum of one year.
  • License plate confiscation.
  • Vehicle immobilization for 90 to 180 days unless vehicle is forfeited.
  • Possible vehicle forfeiture.
  • Four points on driver record.

If you have been convicted of either OWI or OWVI twice in the past 10 years, and are then convicted for OWI, it’s considered a felony. You’ll face:

  • A $500 to $5,000 fine.
  • One to five years imprisonment.
  • Probation with 30 days to one year in jail.
  • Sixty to 180 days community service.
  • Driver license denial or revocation for a minimum five years.
  • License plate confiscation.
  • Vehicle immobilization for one to three years unless vehicle is forfeited.
  • Possible vehicle forfeiture.
  • Registration denial.
  • Six points on driver record.

If you have been convicted of either OWI or OWVI twice in the past 10 years, and are then convicted for OWVI, it, too, is considered a felony. You’ll face:

  • A $500 to $5,000 fine.
  • One to five years in prison.
  • Probation with 30 days to one year in jail.
  • Sixty to 180 days community service.
  • Driver license denial or revocation for a minimum of five years.
  • License plate confiscation.
  • Vehicle immobilization for one to three years unless forfeited.
  • Possible vehicle forfeiture.
  • Registration denial.
  • Four points on driver record.

It also is a felony to:

  • Cause a death while driving. You’ll face up to 15 years imprisonment OR a $2,500 to $10,000 fine, or both.
  • Cause a serious injury while driving. You’ll face up to five years imprisonment OR a $1,000 to $5,000 fine, or both.

What Can You Do?

Obviously, the best way to stay out of trouble―and minimize your risk of hurting people or property―is to avoid situations where you will have to drive after you’ve been drinking. Whether that means programming the phone number of a taxi company into your cell phone before you begin drinking or arranging for someone from home to pick you up at the end of the night, it’s got to be better than facing the penalties above.

Clearly, if it’s too late and you have been charged with OWI or OWVI (even if it’s for the first time), you stand a chance of being hit with some severe consequences if you are convicted. And these penalties could really cramp your lifestyle.

That’s why before you first appear in court in front of a judge, you should consult an attorney who specializes in DUI cases. Even a free initial consultation can help you get an idea of what you’re in for and how to best approach your case.

Michigan’s State Department provides very comprehensive additional information about drinking and driving laws in its informative write-up, Substance Abuse and Driving.

Michigan DUI: What if you Refuse to Take a Chemical Test?

In Michigan, if you get pulled over for an OWI (operating while  intoxicated) and the officer asks you to take a blood, breath, or urine  test, do you have to take one? What happens if you refuse?

Implied Consent

Michigan law requires you to take a blood, breath, or urine test if you are  arrested for an OWI. Michigan’s “implied consent” law says that if you  are lawfully arrested by an officer who has probable cause to believe  that you have been driving under the influence, then you consent to  taking a chemical test of your blood, breath, or urine for the purpose  of determining your blood alcohol content (BAC).  The test must be taken as soon as possible from the time when you were last driving. The officer gets to choose which test you take, but the law  gives a special exemption for diabetics, hemophiliacs, or people taking  anticoagulants – they don’t have to take the blood test.

Additionally, Michigan law says that you consent to taking a preliminary breath test, even if you have not been arrested. This works like a  field sobriety test. The officer will use the results to establish  probable cause that you were driving under the influence. You could  refuse to take this test, but you would have to pay a fine. In addition  to this fine, refusal of this preliminary test probably won’t work in  your favor if the officer has some other reason to think you had been  drinking. Based on that other reason, the officer could still arrest you and then you will be required to take a test under the law described in the paragraph above.

You can read about the preliminary breath test and Michigan’s implied consent law in the Michigan Compiled Laws 625(a) and 625(c).

Refusing to Take the Test

Once you are arrested, the officer should tell you that if you choose to  take a test, then you also have the right to have an additional test  taken by a person of your choice. The results of all the tests could be  used against you in court. The officer should also tell you that if you  refuse to take the test, then your license will be suspended. At that  point, if you decide to refuse then the officer must give you written  notice that you have 14 days to request a hearing to challenge the  suspension. Although the state cannot force you to take a test without a court order, the officer could go get one and then you would have to  take a test.

In Michigan, the penalties for refusing to take a blood, breath, or urine  test begin with a one-year suspension of your license. You will lose  your license for two years if this is your second or any subsequent  refusal within the last seven years.

The penalties for refusing to submit to a chemical test are found in the Michigan Compiled Laws 257.625(f).

Should You Refuse to Take a Mandatory OWI Test in Michigan?

It usually does not help you to refuse to take a blood, breath, or urine  test when you are arrested for an OWI. In Michigan, you face community  service, fines, and potentially jail time if you are convicted of an  OWI. It’s possible that the consequences for a first OWI are less severe than those for refusal because you might avoid going to jail. There is  no guarantee this will happen, however. Also, your refusal might not be  enough to avoid a later OWI conviction. You could still be found guilty  of an OWI even if you refuse and the state does not have proof that your BAC was over.08%, the legal limit for those over 21. In fact, the prosecution can use your refusal against you by arguing  that you refused the test because you knew that you were intoxicated and guilty of OWI.

Get Help With Your OWI

If you have been arrested on an OWI charge in Michigan or any other state, get help from an experienced OWI attorney. Unlike other traffic related charges, which might be worth fighting without a lawyer, conviction for an OWI has serious consequences – especially if the incident involved  injury to people or property, or if it’s your second or subsequent OWI.  To avoid or reduce the consequences, your best bet is to find an  attorney who is knowledgeable about your state’s laws and about how the  system works in your county’s court.  Additionally, you are going to need SR22 Insurance.  Contact FR44 & SR22 Experts, LLC at 1-855-678-6977 to get the cheapest SR22 Insurance in Michigan or fill out our free quote form.

SR22 Insurance in Michigan

Michigan, like all other states, mandates that all drivers carry a minimum amount of liability insurance at all times. Michigan State will suspend or revoke driving privileges if this law is not obeyed. In order to reinstate a driver’s license it will be necessary to purchase a Michigan SR22 insurance certificate.
What is Michigan SR22 Insurance? Michigan SR22 insurance is a certificate of financial responsibility form purchased by a driver that is attached to a driver’s primary insurance policy as a rider or an endorsement.  The driver’s insurance provider will complete the SR22 filing with the Michigan Department of Motor Vehicles, which allows the state to reinstate the individual’s driver’s license. Thereafter, for a certain period of time the certificate is monitored by the insurance provider to ensure that the driver keeps the SR22 insurance in force without interruption for the duration of time mandated by the state. It is the responsibility of the insurance company to notify Michigan DMV by filing an SR26 form if the driver fails to keep their policy current or if it is canceled. When the SR26 form is filed, the driver will again have their license suspended or revoked.
When Does Michigan State Mandate SR22 Insurance? Drivers may have their license suspended or revoked for various reasons such as:
  • Refusal to submit to a breath or blood alcohol test
  • DUI or DWI offenses
  • Uninsured accidents
  • Multiple points against a driver’s DMV record
  • Child support or neglect cases
  • Legal judgments
How Long Will I Have to Carry Michigan SR22 Insurance? Michigan State generally requires that drivers carry Michigan SR22 insurance for three years.
What if I Don’t Own a Vehicle? Michigan State offers non vehicle owners the opportunity to purchase non owner SR22 insurance in order to reinstate their driver’s license. For more detailed information on this option, see our Michigan Non Owner SR22 insurance article.
Drivers can obtain free multiple quotes from Select Insurance Group, a leading company for all your SR22 needs, whether you own a vehicle or not.  We value your business, and are here to help.  Submit your inquiry using our secure online form, or give us a call today!