If my cousin was drunk driving and caused an accident, what kind of penalty is he looking at?

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If my cousin was drunk driving and caused an accident, what kind of penalty is he looking at?

He is only 20 years-old but has a M.I.P., for which he served 2 years probation.

Asked on February 6, 2011 under Criminal Law, Michigan

Answers:

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

Answered 10 years ago | Contributor

Since you didn't mention any previous DUI, I will assume that this his his first. Accordingly, in MI, the potential penalties are:

  • Jail Time: Can be sentenced to a maximum of 93 days
  • Mandatory License Suspension: From 30 Days to 6 Months
  • Possible Fines: $100 to $500
  • DUI Fee - $1,000 a Year For 2 Years
  • Vehicle Immobilized - Possible
  • Ignition Interlock Device Required -  Possible
  • Temporary Drivers License Granted - After 30 days
  • Will SR22 Insurance Required - Possible
  • Alcohol/Drug Counseling - Possible
  • DUI / OWI School/Counseling Required - Possible
  • Attendance at Victim Impact Panels - Possible
  • Community Service up to 360 hours - Possible
  • There are many variables that influence the penalties a driver will receive for a first DUI offense. For example, if the accident resulted in a serious injury your cousin faces severe consequences including up to 5 years in jail and a $5,000 fine. If there was a death as a result of the accident, 15 years imprisonment is possible along with a $10,000 fine.

    In some cases convicted drivers face vehicle immobilization up to 180 unless the vehicle is forfeited to the state.  On top of the monetary penalties and possible jail time, the drunk driver will have their license suspended or revoked for a certain period of time (depending on the severity of their conviction).  These are just some of the possibilities and a judge has the final say on these convictions.  Additionally, since this is his second MIP, he will also face separate penalties for that, including additional jailtime.

    Bottom line, your cousin is in a lot of trouble.  If he doesn't already have one, he needs a DUI attorney ASAP.


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