Do you live out of state and have an outstanding DUI?
Are you worried about what’s going to happen to you? We can help.
Welcome to Michigan Out Of State Drunk Driving. Getting arrested for DUI is a serious matter regardless of where it happens, but the penalties can be especially harsh if you have been arrested for such an offense in the State of Michigan.
The 4th Amendment of the United States Constitution protects citizens from unreasonable searches and seizures by the government. So, all arrests that are made require probable cause, or, facts and circumstances that would lead a normal person to believe that a crime has been committed, and that the person placed under arrest is the offender.
If an officer determines that you were driving drunk, you will be placed under arrest, your rights will be read, you will be booked at the police station, and you will spend the night in jail. Depending on the severity of the offense committed, you may or may not be able to post bail. At your arraignment, you will be formally charged and required to enter a plea of guilty, not guilty or no-contest. It is important to hire an attorney as soon as possible after you have been arrested.
Michigan Drunk Driving / OWI / DWI / OUIL
Most people look to blood alcohol content when they think about drunk driving. The legal threshold in Michigan is .08, a fairly standard threshold nationwide.
OWI (Operating While Intoxicated)
OWI is the offense that most people identify as drunk driving in Michigan. However, there are instances where one does not need to blow over .08 to be arrested for drunk driving. In fact, OWI be charged in a couple of different scenarios. The first involves blowing over the legal limit. One may also be charged with OWI as long as the offender is “substantially deprived of normal control or clarity of mind” as a result of alcohol, drugs or a combination; and the offender is unable to drive normally as a result.
OWVI (Operating While Visibly Impaired)
OWVI is a lesser included offense of OWI. While the penalties are not as severe, being arrested and charged with OWVI should not be taken lightly. In fact, when it comes to enhancing penalties for future offenses, the law makes no distinction between whether one has been charged with OWI or OWVI in the past. OWVI may be charged where the ability to drive has been so weakened or reduced as a result of alcohol, drugs or a combination that the operation was with less care than that used by an ordinary, careful and prudent driver. The drunk driving laws in MI are complex and it’s important to consult an expert as soon as possible.
Moving Out of State After a DUI Conviction
Are you planning on moving out of Michigan and you have a DUI? After a drunk driving conviction, you are likely to be placed on probation. Often times, as a part of one’s probation, a defendant is likely going to have to complete programs, meet with their probation officer regularly for drug and alcohol testing and perform community service. Therefore, probation is likely going to interfere with those who have plans to move outside the state of Michigan. Special permission will need to be granted by a judge for such a move to occur. You need an experienced attorney to help you make your request. Depending on how you have handled yourself throughout the entire criminal process, what your criminal background is like, and the reason for your move, a judge may or may not grant your request. No attorney can guarantee how these kind of requests will play out, but we can guarantee that we will provide you with the best argument that can be made on your behalf.
Out of DUI License Suspension
Most of us rely on our ability to drive for just about all aspects of our respective lives, often to the point where we take having driving privileges for granted. Occasionally, however, situations arise that threaten those privileges, and at the moment, one of the most often mention threats is a drunk driving conviction. In Michigan, a drunk driving conviction or guilty plea will almost certainly carry a mandatory license suspension. While the Michigan secretary of state does not have the authority to suspend a driver’s license issued by any other state, the secretary of state does have the power to revoke your driving privileges on Michigan roads. More importantly, they will report these offenses to the state issuing the license, and this often results in the home state issuing license sanctions for the offense. This means that, if you are charged with a drunk driving offense in Michigan, even if you are licensed in another state, it is in your best interest to contact a experienced Michigan attorney to help you with your case.
Out of State After a DUI
Driving is an important privilege that we rely on almost every day in order to live our lives. Drunk driving charges carry heavy sanctions, including license suspension. This can make things like moving out of state difficult. While license suspensions, including those for things like drunk driving, is itself only effective in the state that that issued the license, the underlying causes can interfere with obtaining a license in a new state. For example, if your license has been suspended for a drunk driving offense, when you apply for a license in your new state, the secretary of state for the new state will look into your driving record, and if there are red flags, they may not issue you a license. This is why it is important if you are charged with a drunk driving, or your license is currently suspended, you will want to obtain the assistance of an experienced Michigan attorney to help resolve your issues, thereby maximizing the chances of being able to successfully transfer your license to your new home state. If you require additional information, please visit Michigan Out Of State DUI Attorneys.