Redmond, Redmond & Yokom
Attorneys at Law
480 West Lovell
Kalamazoo, Michigan 49007
Toll Free: 888 573-0114
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Drunk Driving Matters
Frequently Asked Questions about Drunk Driving Matters
Are there special Drunk Driving laws for people under the age of 21?
Yes. Michigan has drunk driving laws that only apply to people under the age of 21. This is called Minor with an Unlawful Bodily Alcohol Content, commonly referred to as a Minor UBAC. It is illegal in Michigan for anyone under the age of 21 to drive a motor vehicle with any amount of alcohol in their body. Also, if you are later convicted of Drunk Driving when you are over age 21, your conviction for Minor UBAC can be used to charge you as a repeat offender and your license can be revoked as an adult.
What are the new laws regarding Drunk Driving?
There have been many recent changes in the Drunk Driving laws in Michigan. Two of the more significant changes are:
The definition of Unlawful Blood Alcohol Level has dropped from .10 to .08. This means that if you are driving a vehicle and you have a Blood Alcohol Level of .08 or greater, you are guilty of the crime of drunk driving.
The costs to keep your driver’s license after you have been convicted of Drunk Driving has increased significantly. If you are convicted of Drunk Driving, you must pay $1000 a year for 2 years or your license will be suspended. This fine of $2000 is in addition to court fines and costs.
Can I still Drive if I am convicted of Drunk Driving?
If you are facing your first Drunk Driving conviction your license will be suspended for 180 days. After the first 30 days of the suspension you may be eligible for a restricted driver’s license that will allow you to drive to and from work and school. If you are convicted of the less serious Impaired Driving charge your license will be suspended for 90 days and you may be eligible for a restricted driver’s license immediately.
However, if you have two alcohol related driving convictions within 7 years, your license will be revoked for a minimum of 12 months and during that time you will have no driving privileges.
Why should I hire an attorney if I am charged with Drunk Driving?
You should always consult with an attorney if you are charged with any crime. You may have a defense to the crime that would make you not guilty or guilty of a less serious crime. If you are charged with Drunk Driving, the consequences of a conviction are severe. You could go to jail, pay huge fines, and lose your ability to drive. Do not hire an attorney until you meet with the attorney and are sure that he or she is experienced and knowledgeable about the drunk driving laws and that the attorney fees are reasonable. Our office offers a free consultation.
If I get pulled over and it’s my first drunk driving incident, should I fight it or should I accept the penalties?
Michigan’s new drunk driving laws are some of the toughest of any state. Additionally any subsequent drunk driving will be treated much harsher than a first offense. For that reason alone, it is important to hire an attorney to fight each and every alcohol offense. Only an attorney will know if you may be guilty of a lesser charge or nothing at all.
If I have been arrested for drunk driving, should I take the Breathalyzer test offered at the police station?
According to Michigan law, a person who refuses to take the Breathalyzer test at the police station will automatically lose their license for one year with no driving privileges. And in most cases a warrant will be issued for a blood sample and your blood alcohol level will be determine.
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