The state of Michigan is very serious about its driving under the influence (DUI) laws. If you have already been apprehended on DUI charges, and you get pulled over again for the same offense, there are some actions you can take to lessen the punishment.
- Avoid resisting arrest. If you refuse to take a urine, blood or breath test after your arrest for an alcohol-related charge, you need to take action to obtain an administrative hearing within 14 days or your license is at risk of suspension.
- Find a qualified DUI law attorney as soon as possible.
- Understand that according to Michigan law, the prosecutor has to prove that you are operating a motor vehicle while you are under the influence. This must be proven beyond a reasonable doubt.
- Know your rights when asking for evidence. You have the right to request a copy of the in-car arrest video that goes along with your case. If the arresting officer didn’t follow procedure perfectly, the mistakes can be used as leverage by an attorney, influencing the outcome of your case. You also have the right to request counseling and/or intervention. This could also affect the outcome of your case.
- Understand the penalty for your actions. If you are convicted of a Michign second DUI charge within seven years of your first DUI charge, you could spend between five days to one year in jail. Your license could be suspended for at least one year, you would get six license points, your license plate could be confiscated, your vehicle could be immobilized from 90 to 180 days, and you could be fined.
Understanding your actions, the repercussions, and your options will serve in your best interest as you prepare for court.