2nd dui michigan no alcohol probation
A misdemeanor DUI arrest no longer means a mandatory period of a hard license suspension. If you were arrested for DUI after January 1, , you can install an ignition interlock device IID for a proscribed period of time, which will depend on whether it is your 1 st , 2 nd , or 3 rd DUI.
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Installation of this device allows you to drive without restriction on an IID suspended license. Offenders who choose not to install an IID will have their license to drive suspended according to the offense, usually with the option of driving with restrictions for the latter part of the suspension. On a DUI of drugs, the convicted offender faces the same criminal penalties with the exception that the standard license suspensions apply and the driver does not have the option of installing an IID.
In other words, if a person convicted on a wet reckless charge is convicted of a DUI within ten years the lookback window , the DUI will be a second offense.
Nor is there a requirement that the driver install an IID. However, the court may order the installation of an IID as a condition of probation on this offense but not for more than six months. A jail sentence of up to 90 days is possible, but it would be very rare for a judge to order the offender to jail. Usually the offender will be ordered to serve informal unsupervised probation for a period of one to two years. DUI Education.
Michigan Probation Violations and Punishments – Schwartz Law Group
A wet reckless offender will usually be ordered to attend a shortened version of DUI education. Typically, the court orders the offender to attend six weeks of classes and perhaps AA meetings or other group programs. A driver convicted on a first offense DUI after January 1, has the option to install an ignition interlock device IID on their vehicle and thus avoid any restriction on driving. The IID must remain installed for six-months.
DUI Probation Conditions
This option is available within the first thirty days after the arrest, the time in which the driver has been issued a day temporary permit to drive. However, after one month of the suspension, the driver may apply for a restricted license, which will only permit driving to school, work, and DUI classes, for a period of five months. Note that even if a first-time offender chooses not to install an IID, the installation of the device may be later ordered by the court.
If so ordered, it cannot be for a period of more than six months. A first offense DUI can be punished by up to six months in county jail.
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This rarely, if ever, happens. Rather, the court will sentence the offender to informal unsupervised probation in lieu of a jail sentence.
On most first offender DUI convictions, the probation term is three years. The court has discretion regarding this component of a DUI sentence. The statute provides that a first offender whose BAC was under 0.
An offender whose BAC was 0. The judge will order installation of the IID or, alternatively, the two-year suspension upon conviction. Installation of an IID allows the offender to continue driving.
What To Expect From A 3rd or 4th DUI Offense
A second offense DUI can be punished by up to one year in county jail. These are, of course, only some of the administrative consequences, not the criminal consequences. If you are convicted of a third DUI offense within ten years of your first offense, the criminal penalties will include but may not be limited to:.
A fourth offense will include these penalties, but the jail time will generally be between one and five years, typically served in a state prison, and the offense may be prosecuted as a felony instead of a misdemeanor. If it cannot be proven that you were intoxicated or that you had open containers of alcohol or other intoxicants in your vehicle at the time that you were pulled over, you cannot be convicted for a DUI. For this reason, it is typically best not to submit to a field sobriety test. You will likely still be arrested, and you will be asked to take an official sobriety test in the form of either a breathalyzer test or a blood test.
If you refuse either of these, your license will automatically be suspended and you may still receive the same penalties you would get for a DUI offense.