What to Do After a DUI in Michigan

Facing a DUI charge in Michigan can be overwhelming, but taking the right steps early on is crucial to protecting your future. A DUI conviction can lead to penalties like fines, license suspension, increased insurance costs, and even jail time. Understanding your options and knowing how to respond can help reduce the impact on your life.

The first and most important step is to consult with an experienced attorney who understands Michigan DUI laws. A DUI lawyer can help assess the evidence against you and determine the best defense strategy. Don’t face these charges alone—call Clarity Law at (313) 513-1919 today to learn how we can assist you in navigating this complex process and fighting for a better outcome.

Understand the Penalties if You're Convicted

A DUI conviction in Michigan can lead to severe penalties, with the consequences depending on factors such as your blood alcohol content (BAC), prior offenses, and whether any aggravating circumstances were present. Here’s a breakdown of what you could face:

First-Offense DUI Penalties

For a first DUI offense, the penalties may include:

• License Suspension: A 30-day suspension, with the possibility of a restricted license after 10 days.
• Fines: Fines ranging from $100 to $500.
• Jail Time: Up to 93 days in jail, though this is typically avoided with probation.
• Community Service: 360 hours of community service.
• Probation: Often a probationary period, during which you may be required to attend alcohol education programs or counseling.

Second-Offense DUI Penalties

A second DUI conviction within seven years carries stricter penalties, including:

• License Revocation: One-year license revocation, with the possibility of applying for a restricted license after 90 days.
• Fines: Fines ranging from $200 to $1,000.
• Jail Time: Up to one year in jail.
• Community Service: 60 to 180 days of community service.
• Probation and Alcohol Treatment: Mandatory alcohol counseling and possible probation.

Third-Offense DUI Penalties

A third DUI offense is treated as a felony and has the most severe consequences:

• License Revocation: Lifetime license revocation, with no possibility of a restricted license.
• Fines: Fines ranging from $500 to $5,000.
• Jail Time: A minimum of one year in jail, with the possibility of up to 5 years in prison.
• Community Service: Up to 180 days of community service.
• Probation and Counseling: Alcohol treatment and counseling may still be mandated.

Aggravating Factors

Certain factors can lead to enhanced penalties, including:

• High BAC: A BAC of 0.17 or higher can lead to harsher fines and longer license suspensions.
• Accidents or Injuries: If your DUI caused a crash that resulted in property damage, injuries, or fatalities, you could face additional charges and more severe penalties, including higher fines and longer prison sentences.
• Minor Passenger: If you have a passenger under the age of 16 in the vehicle at the time of your DUI arrest, this could result in enhanced penalties.

DUI convictions in Michigan come with substantial legal and personal consequences. Whether you are facing your first offense or have prior DUI convictions, the penalties can significantly impact your driving privileges, freedom, and finances. If convicted, these penalties can also influence your employment and insurance rates. Consulting with an attorney can help you understand your specific situation and explore potential defenses or plea options.

Speak With an Attorney About Your DUI Charge

When facing a DUI charge, hiring the right attorney is crucial for achieving the best possible outcome. The following tips can help you select a lawyer who is experienced, knowledgeable, and suited to your case:

• Look for Experience in DUI Cases: Not all criminal defense lawyers handle DUI cases, so it's important to find someone who has specific experience handling DUI charges. DUI law is complex and constantly changing, so an experienced lawyer will be more familiar with the local laws, courts, and possible defenses.
• Check for Focus in DUI Defense: Some lawyers primarily focus on drunk driving cases. They often stay up-to-date with changes in DUI laws, penalties, and new defense strategies. A lawyer with a specific focus on DUI defense is likely to offer more in-depth experienced than a general criminal defense lawyer.
• Research Reputation and Track Record: A lawyer’s reputation can be a good indicator of their skill and effectiveness. Research their track record with DUI cases and check reviews from previous clients. A lawyer with a successful history of defending DUI cases, especially similar ones, can provide you with a higher chance of success.
• Ask About Their Approach to DUI Defense: During consultations, ask the lawyer about their approach to DUI cases. Good DUI lawyers will be able to explain their strategy for handling cases like yours and discuss potential defenses. Whether they focus on challenging the evidence, questioning the arrest procedures, or exploring plea bargain opportunities, it's important to find a lawyer whose approach aligns with your goals.
• Discuss Fees and Payment Plans: Understanding how much a DUI lawyer will cost is important before hiring them. Some DUI lawyers charge flat fees, while others may bill hourly. Make sure you get a clear estimate of the total cost and understand payment options, including whether the lawyer offers payment plans or a retainer.
• Assess Their Communication Skills: Effective communication is key in any legal case. Choose a lawyer who listens to your concerns, explains legal concepts clearly, and is responsive to your questions. You should feel comfortable discussing your case with them, as a collaborative relationship can improve the outcome of your case.
• Consider Their Local Knowledge: Local knowledge can be incredibly beneficial in a DUI case. A lawyer familiar with the local court system, judges, and prosecutors may be able to navigate the case more effectively. They may also have insights into the tendencies of local law enforcement and how to handle specific legal challenges in your area.
• Look for a Lawyer with a Strong Negotiation Background: In many DUI cases, negotiation plays a significant role in getting a reduced sentence or a lesser charge. A lawyer who has strong negotiation skills and experience with DUI cases will be better equipped to strike a favorable plea deal or negotiate terms that minimize the penalties.

When hiring a lawyer for a DUI charge, experience, specialization, communication skills, and local knowledge should be top priorities. A lawyer who is well-versed in DUI defense and understands the intricacies of your case will provide the best chance for a successful outcome. Always take the time to research potential attorneys and ask the right questions to ensure that you are making an informed decision.

Request a Hearing to Protect Your License

If you’re arrested for DUI in Michigan, your driver's license may be automatically suspended. However, you can challenge the suspension by requesting a hearing with the Michigan Secretary of State. Here's how to proceed:

• Understand the Deadline: After a DUI arrest, you have a limited window to request a hearing. Typically, this is 14 days from the date of your arrest. Missing this deadline can result in the automatic suspension of your license without further opportunity to contest it.
• File a Request for a Hearing: Submit a formal request for an administrative hearing to the Michigan Secretary of State’s Administrative Hearings Section (AHS). You may need to use a specific form or write a letter requesting the hearing. Include essential details like:
  • Your name and contact information
  • Driver’s license number
  • The reason for your hearing request (e.g., contesting the suspension)
• Prepare for the Hearing: The hearing focuses on whether your license suspension was legally justified. To strengthen your case, gather:
  • Police Reports: Review the circumstances of your arrest for errors or inconsistencies.
  • Test Results: Challenge the accuracy of breathalyzer or blood test results if applicable.
  • Witnesses: Bring witnesses who can testify on your behalf, such as passengers in your vehicle.
  • Legal Representation: Consider hiring an attorney experienced in DUI cases to present arguments on your behalf.
• Attend the Hearing: Be prepared to present your case to an administrative law judge. This includes:
  • Contesting the validity of the traffic stop or arrest
  • Questioning the procedures followed by law enforcement, such as how breath or blood tests were administered
  • Demonstrating compliance with any conditions of your arrest
• Comply with the Outcome: If the hearing decision is in your favor, you may avoid license suspension. If you lose, you may face a suspension period, but you can explore options like applying for a restricted or conditional license.

Requesting a hearing is a critical step in fighting a DUI-related license suspension in Michigan. Act quickly to meet deadlines and build a solid defense to increase your chances of retaining driving privileges.

Follow All Court Requirements for Your Charge

If you're facing a DUI charge, the court may impose various requirements that you must follow to avoid additional penalties or complications. Failing to meet these obligations could lead to more severe consequences, such as fines, license suspension, or even jail time. Here's an overview of the typical court-ordered requirements and the importance of complying with them:

Attend All Hearings and Court Dates

One of the most important requirements in a DUI case is attending all scheduled court hearings. Missing a court date can result in a warrant being issued for your arrest, additional charges, or the loss of your driving privileges. Staying on top of your court schedule and ensuring that you appear on time is crucial for avoiding further legal complications.

Complete Alcohol or Drug Assessments

In many DUI cases, the court may require you to undergo an alcohol or drug evaluation to assess your level of dependency. The results of the assessment can help determine whether additional treatment, such as counseling or rehabilitation programs, is necessary. Ignoring this requirement can lead to more severe penalties, including extended license suspensions or jail time.

Enroll in Alcohol Education Programs

As part of your sentence, the court may require you to complete an alcohol education or rehabilitation program. These programs aim to address any underlying substance abuse issues and reduce the likelihood of future offenses. Not completing these programs could result in a violation of probation or additional penalties.

Comply with Probation or Community Service

If the court sentences you to probation or orders community service, it’s important to complete these tasks within the given time frame. Failing to comply could result in additional fines, extended probation periods, or even jail time. Keeping track of your probationary terms and fulfilling community service hours is essential for meeting court requirements.

Pay Fines and Court Costs

If the court imposes fines or court costs as part of your DUI sentence, you will need to make timely payments to avoid further penalties. Non-payment can result in additional fees, a suspended driver's license, or other legal actions.

Comply with Restricted Driving Privileges

If your driver's license is suspended but you’re granted a restricted driving permit, it’s vital to comply with the terms of the restriction. This could include only driving for specific purposes, such as to work or to attend required programs. Violating these restrictions could lead to a full license suspension or additional legal consequences.

Complying with deadlines set by the court is crucial for avoiding further penalties. Missing deadlines for things like assessments, program completion, or payment plans can result in harsher sentences, such as longer probation periods, higher fines, or even incarceration. Staying organized and adhering to all deadlines can demonstrate your commitment to addressing the issue and may help you secure a more favorable outcome.

Protect Your Future with Legal Help After a Michigan DUI

A DUI charge in Michigan can feel overwhelming, but taking proactive steps can make a significant difference in the outcome. Whether it’s preparing for your court date, addressing license suspension, or exploring defense options, having the right guidance is essential.

If you’re facing a DUI charge, don’t navigate the legal process alone. Contact our Dearborn criminal defense law firm today to discuss your case and learn how we can help you protect your rights and work toward the best possible outcome.