Are You Facing A DUI Or Other Alcohol-Related Charge?

You think it can't happen to you. You tell yourself it was only a couple of drinks, but alcohol-related crimes have effects that can impact your life in numerous ways. Our attorneys at Fausone Bohn, LLP, will help you understand your rights and potential defenses.

We fully understand your fears and concerns that go along with being charged or convicted of a DUI or other alcohol-related crime. Our attorneys have years of experience in drunk driving cases and know the law. We aggressively assist and advocate on behalf of our clients in mitigating the damage associated with being convicted of an alcohol crime.

We Can Help You Fight Back Against Alcohol-Related Charges

We will place you in a position before the court, whether by legal defense or seeking alcohol abuse treatment, to maximize the best possible results so you can move forward in life.

Contact our Northville law firm online to schedule a case evaluation with an experienced criminal defense lawyer or call 248-468-4536.

By reviewing the below information, you will gain a better understanding of the maximum penalty the court could impose, based on various criminal acts.

Minor in Possession "MIP"

Any person under the age of 21, who purchases, attempts to purchase, consumes, attempts to consume, possesses, or attempts to possess alcoholic liquor, or have any bodily alcohol content may be responsible for a state civil infraction or guilty of a misdemeanor. For a first offense, you are responsible for a state civil infraction and may be fined up to $100. The court may also order you to participate in substance use disorder services, substance abuse screening, and community service, all at your own expense. If you are charged with a second offense while under the age of 21, you will be guilty of a misdemeanor. This charge is punishable by a $200 fine and/or imprisonment for up to 30 days if you violate probation; fail to complete any treatment, screening, or community service; or fail to pay any fine. You may have to undergo substance use disorder services, community service, and abuse screening at your own expense. Finally, a third offense under the age of 21 is also a misdemeanor. For this offense you may be subject to a $500 fine and/or imprisonment of up to 60 days if you violate probation; fail to complete any treatment, screening, or community service; or fail to pay any fine.

Open Intoxicants

A person who is either an operator or an occupant of a motor vehicle shall not transport or possess alcoholic liquor in a container that is open or uncapped, or upon which the seel is broken, within the passenger area of a vehicle that is moving on a Michigan road or any place open to the public or generally accessible to vehicles, including parking lots. However, you are not in violation of the law if you are in a vehicle that does not have a trunk and you have the alcohol placed in a locked glove compartment - otherwise, if in a trunk or behind the last upright seat, you are not in violation of the law. If you are charged with Open Intoxicants, you may be found guilty of a misdemeanor punishable by up to 90 days in jail and up to a $100 fine, as well as community service, and substance abuse screening at your own expense.

Operating While Visibly Impaired (OWVI)

If you are charged with Operating While Visibly Impaired "OWVI", the prosecutor must prove beyond a reasonable doubt that you were operating a vehicle on a highway or other place open to the general public, and that your ability to drive was weakened or reduced by the consumption of alcohol, controlled substance, intoxicating substance, or a combination of all, with less care than that used by an ordinary, careful, and prudent driver. If you are charged and/or convicted with Operating While Visibly, Impaired you are subject to a misdemeanor with a maximum penalty of up to 93 days in jail, up to a $300 fine, possible community service, driver's license restriction up to 90 days (180 days if impaired by a controlled substance), driver responsibility fee of $500, and 4 points added to your driving record.

Operating While Intoxicated (OWI) Under 0.17

  • If you are charged with Operating While Intoxicated, the prosecutor must prove beyond a reasonable doubt that you were operating a motor vehicle on a highway or other place open to the general public, while under the influence of alcohol, controlled substance or other intoxicating substance or a combination of all 3, while having a blood alcohol content of 0.08 or more.

  • First Offense:
    A person is subject to a misdemeanor with a penalty of up to 93 days in jail, fine of $100-$500, community service of up to 360 hours, up to 180-day driver's license suspension, drivers license responsibility fee, and 6 points on your driving record with the Secretary of State.

  • Second Offense (within 7 years):
    A person is subject to a misdemeanor with imprisonment of up to 1 year, fines up to $1,000, community service of up to 90 hours, 1 year driver's license suspension, drivers license responsibility fee, permissive vehicle forfeiture or mandatory vehicle immobilization, and 6 points on your driving record with the Secretary of State.

  • Third Offense (within a lifetime): FELONY
    A person is subject to a felony with a maximum punishment of not less than one year but up to 5 years imprisonment, community service of up to 180 days, up to $5,000 in fines, license revocation of up to 5 years and/or destruction of license, vehicle forfeiture, driver responsibility fee of $1,000 per year for 2 years, and 6 points on your driving record with the Secretary of State.

  • Zero Tolerance:
    If you are under the age of 21 and your blood alcohol content "BAC" is 0.02 or more, you are subject to the Operating While Intoxicated law and penalties.

"Super Drunk" - Unlawful Bodily Alcohol Level (UBAL)

  • If you are charged with "Super Drunk" the prosecutor must prove beyond a reasonable doubt that you were operating a motor vehicle on a highway or other place open to the general public, while under the influence of alcohol, controlled substance or other intoxicating substance, or a combination of all 3, while having a blood alcohol content "BAC" of 0.17 or greater. A "Super Drunk" charge is a misdemeanor punishable by up to 180 days in jail, up to $700 fine, up to 360 hours of community service, up to 1 year license suspension, 6 points, mandatory completion of alcohol treatment program, ignition interlock use, and compliance after a 45-day license suspension to receive a restricted driver's license.

Refusing Breath Test

  • Under Michigan's Implied Consent Law, all drivers are considered to have given their consent to being subject to a Blood Alcohol Test. Anyone who refuses a breath test the first time is given an automatic 1-year driver's license suspension, and 6 points added to their driving record. For a second refusal within 7 years, the suspension is 2 years and another 6 points added to your driving record. You have 14 days in which to request a Secretary of State Implied Consent hearing to challenge the suspension of your license - if you request this hearing, no action can be taken regarding the suspension of your license until after the hearing. If not requested, your drivers license will be suspended immediately after the 14 days. If it is suspended nonetheless, your attorney may apply for hardship driving privileges via a special hardship hearing that takes place in the county's circuit court, so you will at the least be able to drive for the purposes of employment.

Drivers License Appeals and Restoration

  • Attorney Mark Mandell can help you if your drivers license has been suspended or revoked for drunk driving. We can help you navigate the complicated requirements of the Michigan Secretary of State to get your drivers license reinstated. If you are eligible to get your drivers license reinstated the Secretary of State will require that you present evidence of sobriety at a hearing. We have years of experience in helping, preparing, and representing our clients at the hearing so that you can get your drivers license reinstated.