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Impaired Driving Vs. Under the Influence


Driving under the influence or impaired bodily functions is a crime in Michigan. The laws value the importance of life and safety, and the Courts aim to protect their taxpayers. 

Is there a legal difference between impaired driving and influence driving in Michigan? Generally, no. However, Michigan’s Impaired Driving Law is the law that aims to penalize those who fail to comply with the law.

What’s The Crime?

Michigan’s drunk driving laws can be found at Michigan Compiled Laws 257.625, et. seq. Generally, the Michigan state uses Operating While Intoxicated or OWI as the violation. Driving While Intoxicated or DWI is also considered as a general term used but OWI is the official designation.

The Impaired Driving Law makes it a crime for a motorist to have a bodily alcohol content (BAC) of 0.08 or greater. And, there is a higher BAC law or “super drunk” with stricter penalties for any individual caught driving with a BAC of 0.17 or higher. 

If you find yourself charged with a DUI/OWI, don’t hesitate to call

What Are The Penalties?

The Michigan Impaired Driving Law has the following penalties depending on the bodily alcohol content (BAC)

  • If BAC is below .17 and this is a first offense for the individual, the penalty can range from up to $500 fine, up to 93 days in jail, up to 360 hours of community service, up to 180 days license suspension, and 6 points on a driver’s license;
  • If BAC is .17 or higher and this is a first offense for the individual, the penalty can range from up to $700 fine, up to 180 days in jail, up to 360 hours of community service, up to one-year license suspension, and 6 points on a driver’s license;
  • The individual who violated the law will also be required to undergo mandatory completion of an alcohol treatment program;

Once convicted, a person who is charged for a violation of the impaired driving law will have limited driving privileges and is prohibited from operating a vehicle without an approved and properly installed ignition interlock device.

If you refuse to take the roadside breathalyzer test, an officer will destroy your driver’s license. Further refusal to comply is punishable with a suspension of up to two years. 

Do Not Drive While Impaired

Driving while impaired can result in serious consequences in which Southfield’s personal injury and wrongful death attorneys may need to get involved. The consequences may result in steep fines, loss of driving privileges, loss of employment, or imprisonment. If you are charged with a DUI/OUI, you need to contact a criminal defense attorney to protect your legal rights. 


The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the information provided.

Let us help you out.

If you’ve been charged with driving under the influence or operating while intoxicated, then you need a Southfield criminal defense lawyer. Call us immediately. We offer free consultations and are on standby to take your call.

The post Impaired Driving Vs. Under the Influence appeared first on Haque Legal.

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