Whatever else, a 1st<\/sup> offense DUI usually \u201cjust happens.\u201d It is often (although not always<\/em>) a person\u2019s first criminal arrest and certainly a humbling experience.<\/p>\n As scary as it may seem, however, a 1st<\/sup> offense OWI<\/strong>\u00a0is not<\/em> the end of the world.<\/strong> This is in large part true precisely because it is a 1st offense, and the courts understand that we all make mistakes in life.<\/p>\n Even though the whole DUI situation can feel like a nightmare, the simple truth is that, even if the case against you is strong enough to survive any legal challenge(s), you will probably not have to go through many of the things that seem to threaten you right now.<\/p>\n OUI is short for \u201cOperating While Intoxicated,\u201d the technical actual term in Michigan for the misdemeanor offense that just about everyone calls a \u201cDUI,\u201d and that some call a “DWI”<\/p>\n Generally speaking<\/em>, the answer is \u201cno.\u201d<\/strong><\/p>\n The reality is that, almost without exception, jail is NOT on the menu in any of the courts in the Greater-Detroit area of Wayne, Oakland, Macomb, and surrounding Counties.<\/p>\n Of course, the first question in every DUI case is whether the evidence is solid. As Michigan DUI lawyers, our first priority is always to find a way to beat the charge.<\/p>\n In truth, the biggest risk in a first-offense DUI case is getting stuck on long, difficult probation with all kinds of breath and urine testing, classes, counseling, community service, support groups, losing the ability to drive, and then having a restricted license for longer than necessary.<\/p>\n Also, if you hold a medical or other professional license, you are NOT really at risk of having it revoked for a 1st offense DUI, so don’t sweat that.<\/p>\n Instead, you hire a Michigan DUI lawyer – like me and my team – to get the whole case knocked out, or to at least avoid the realistic consequences that can and will happen<\/em> in your case, like having restrictions placed on your ability to drive.<\/p>\n One of the first things that we do, as your defense lawyer, is to obtain and then carefully evaluate all the evidence to make sure the police officer who handled your arrest did everything legally, and properly<\/p>\n Yes, a DUI is a crime, and a conviction for any alcohol-related traffic offense goes on both a person\u2019s criminal AND driving record.<\/strong> Although Operating While Intoxicated (OWI) is a criminal charge, most people who find themselves in this situation are not criminals in any sense of the word.<\/p>\n In the real world, most first-time DUI offenders are law-abiding, tax-paying, and productive members of society, and a drunk driving charge usually represents an isolated and unfortunate instance of poor judgment.<\/p>\n That all sounds good, but making sure that you don\u2019t wind up feeling (or being treated) like a criminal is a key part of what my team and I do in every case we take. Even more important is that we will protect you from being seen by the court system as having a drinking problem, especially if you don\u2019t have one (and most first-time DUI offenders do NOT).<\/p>\n A period of probation that forbids a person from consuming alcohol<\/strong> along with breath and\/or urine testing to ensure compliance and some kind of class(es) or counseling.<\/p>\n Remember, the whole goal in any case that can\u2019t be dismissed is to avoid and limit as many of these legal penalties and negative consequences possible.<\/p>\n In that sense, success is a DUI case is always best measured by what does NOT happen to you. This is truly a situation where less is more.<\/p>\n Yes, but this depends on the final offense<\/strong> for which you are convicted, which is often lesser than the original charge. This is explained above, but here is a summary:<\/p>\n In Michigan, there are three types of first-offense DUI charges<\/strong>, each depending upon a person’s bodily alcohol content. Note that the legal limit for OWI is .08, although a person can be charged with and found guilty of OWVI with a lesser blood alcohol content:<\/p>\n Beyond alcohol, it is illegal for a person to operate a vehicle under the influence of a controlled substance. Thus, a person can be charge with OWI for driving under the influence of drugs.<\/p>\n In order to be considered a 1st<\/sup> offense, you cannot have had a conviction for ANY prior alcohol-related traffic offense within the 7 years preceding the date of your arrest for the current charge.<\/p>\n If, however, a person’s conviction date for a prior DUI occurs within 7 years of his or her arrest for another DUI (meaning OWI) charge, then it will be considered a second offense. Make no mistake, compared to a 1st offense, a 2nd DUI is a serious offense.<\/p>\n This means that although you may have had a DUI many years ago, as long as the conviction date for that offense is more than 7 years before the date of your current arrest, then it can only be charged as a 1st offense.<\/p>\n Here is a breakdown of the 1st offense charges under Michigan’s DUI laws outlining the maximum possible penalties and driver’s license sanctions for first-time offenders:<\/p>\n In the real world, the goal in any Michigan OWI or High BAC charge that cannot be dismissed or otherwise thrown out of court is to plea-bargain it down to impaired driving (OWVI) because the penalties are much less severe.<\/p>\n However, things get a lot worse for anyone facing a 2nd or 3rd offense or any DUI causing serious injury or death. Note that third offense or a DUI causing injury or death is a felony. Here is a brief overview of the consequences repeat and serious offenders could face:<\/p>\n Our firm provides a deeper dive into these offenses on our dedicated 2nd-offense DUI<\/a> and 3rd-offense DUI<\/a> web pages.<\/p>\n The simplest answer is that a DUI is expensive. Many years ago, the State of Michigan ran an advertising campaign that estimated the cost of a 1<\/strong>st<\/strong><\/sup> offense DUI at about $10,000.<\/strong><\/p>\n Despite all the years since that campaign, and even including inflation, that figure is still pretty accurate.<\/p>\n Let\u2019s look at an approximate breakdown:<\/p>\n As noted, these figures are approximations, but all things considered, the total realistic cost of a 1st<\/sup> offense DUI runs anywhere from about $10,000 to $13,000.<\/p>\n Usually not (the exception being High BAC cases). Of course, if you know your drinking has become a problem, then seeking help is always a good idea. Most of the time, though, a 1st offense DUI is more an incident of bad judgment, rather than anything else.<\/p>\n Unfortunately, the court system has an inherent “alcohol bias” that tends to \u201csee\u201d an alcohol problem that isn\u2019t really there, or magnifies one that does exist. This assumption directly impacts how every person appearing for a DUI case is treated, right from the very beginning of his or her case.<\/p>\n Therefore, in those cases solid enough to survive any legal challenge, it is critical for our team to do 3 key things:<\/strong><\/p>\n You undoubtedly felt bad enough at the time of your arrest. Now it\u2019s time to move forward understanding that, if handled properly, your drunk driving offense can be managed, and wind up being little more than just a minor and temporary setback.<\/p>\n While a DUI is never good news, my team and I can and will get you through this intact and otherwise protect you from all the potential negative consequences of that single bad decision.<\/p>\n Generally not, BUT there are plenty of exceptions.<\/strong> The courts in Macomb County tend to order community service the least. By contrast, the courts in Oakland County tend to order it the most, and require the most hours of community service. Wayne County courts falls somewhere in the middle, with some requiring it, and others not.<\/p>\n Even in those courts that do order community service as part of a DUI sentence, the amount required is never unduly burdensome.<\/p>\n You shouldn\u2019t get caught up considering any lawyers who waste time addressing potential outcomes that are simply NOT going to happen in the first place.<\/p>\n Instead, you hire a Michigan DUI attorney (like me and my team) to avoid the real consequences that can and will happen<\/em> in your case, like having restrictions placed on your ability to drive and being put on what can seem like never-ending probation, with all kinds of requirements.<\/p>\n Even though you didn’t plan on getting a DUI, my team and I will plan and execute an intelligent strategy to minimize the potential consequences of your charge.<\/p>\n There may not be any jail time in your future, but there still is important work to do.<\/p>\n If you\u2019re facing a DUI in the Greater-Detroit area, meaning anywhere in Wayne, Oakland, Macomb or one of the surrounding counties, make sure you give our law firm a ring.<\/strong><\/p>\n We always offer a free consultation<\/a> that is both confidential and – best of all – done over the phone, right when you call.<\/p>\n My team and I are very friendly people who will be glad to answer your questions and explain how things work. We\u2019ll even be happy to compare notes with anything some other criminal defense attorney has told you.<\/p>\n We can be reached Monday through Friday, from 8:30 a.m. until 5:00 p.m. at either <\/strong>248-986-9700<\/strong><\/a> or <\/strong>586-465-1980<\/strong><\/a>.<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":" How Severe is a 1st Offense DUI Charge in Michigan After more than 30 years practicing as Michigan DUI lawyers, my team and I know that no one plans to go out and get arrested for drunk driving. Whatever else, a 1st offense DUI usually \u201cjust happens.\u201d It is often (although not always) a person\u2019s […]<\/p>\n","protected":false},"author":4,"featured_media":7701,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[29],"tags":[],"class_list":["post-6134","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-dui"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/posts\/6134","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/comments?post=6134"}],"version-history":[{"count":5,"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/posts\/6134\/revisions"}],"predecessor-version":[{"id":8434,"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/posts\/6134\/revisions\/8434"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/media\/7701"}],"wp:attachment":[{"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/media?parent=6134"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/categories?post=6134"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/tags?post=6134"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}What is The Difference Between OUI, DUI, And DWI?<\/h2>\n
Will I Go to Jail for My First DUI?<\/h2>\n
<\/p>\n
Is a First-Offense DUI in Michigan a Criminal Charge?<\/h2>\n
What is the Most Common Sentence for a First DUI in Michigan?<\/h2>\n
Will My Driver’s License Be Suspended After a First Offense DUI Charge?<\/h2>\n
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A Breakdown of First-Offense DUI Penalties in Michigan<\/h2>\n
![\"\"](\"https:\/\/www.randalawyers.com\/wp-content\/uploads\/2024\/12\/napkin-selection.png\")
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Operating While Intoxicated (OWI) carries the following potential maximum penalties:<\/h3>\n
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Operating While Intoxicated with a BAC of .17 or Greater (Superdrunk, or \u201cHigh BAC\u201d) maximum possible penalties:<\/h3>\n
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Operating While Visibly Impaired (OWVI, and often simply called “impaired”), the least serious of all Michigan DUI charges, carries these maximum possible penalties:<\/strong><\/h3>\n
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Other DUI Charges and Penalties in Michigan<\/h2>\n
Penalties For 2nd<\/sup> DUI Offense<\/h3>\n
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Penalties For 3rd<\/sup> DUI Offense<\/h3>\n
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Penalties For DUI Causing Serious Injury<\/strong><\/h3>\n
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Penalties For DUI Causing Death<\/strong><\/h3>\n
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What is the Average Cost of a\u00a0First DUI Offense in Michigan?<\/h2>\n
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Do I Have to Go to Alcoholics Anonymous or Counseling?<\/h2>\n
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Will I Need to Complete Community Service for OWI?<\/h2>\n
Why People Choose Jeffrey Randa & Associates<\/h2>\n
Receive a Confidential Consultation From Jeffrey Randa & Associates DUI Defense Lawyers<\/h2>\n