If my son was arrested for a first offense OWI, what is he looking at for penalty if he pleads guilty?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my son was arrested for a first offense OWI, what is he looking at for penalty if he pleads guilty?

Asked on February 19, 2013 under Criminal Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A first OWI offense is classified as a misdemeanor (a crime). If convicted, your son's sentence may include up to 93 days in jail, as well as a 90-day license suspension. Additionally, he can be fined up to $300 and be required to complete a court-approved alcohol education program and/or perform up to 360 hours of community service.

Further, there are more severe penalties if an injury occurred as a result of driving while impaired (although you did not indicate that this was the case). Finally, anyone driving with a BAC above .08% can also be charged with UBAL (unlawful blood content) regardless of whether their driving abilities were impaired. Due to the state’s Zero Tolerance Law, drivers under the legal drinking age of 21 can be charged with UBAL if their BAC is above .02% (verus .08% for those 21 or older). As a result, if your son failed a breathalyzer test or refused to submit to chemical testing, he may face additional/increased charges/penalties.

You really should consider hiring a DUI attorney to help him. The fact is that the consequences of an OWI (including aa first offense) can be severe. Your son can be effected even after his sentence is completed. Such a conviction will not only make it difficult to obtain affordable auto insurance but also permanently remain on his criminal record. Therefore, anyone performing a background check will see this conviction (a fact that can jeopardize future jobs, housing, student loans, etc).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption