I blew a .18, and I'm being charged with a high BAC. I'm hoping to get that knocked down to an OWI. I know the drivers license restrictions are much harsher with a high BAC conviction. But if my charge gets lowered to a OWI, does that mean the drivers license restrictions get lowered too or is that a separate issue altogether?
Yes. A high BAC (Superdrunk) has much longer and restrictive sanctions on your drivers license. Reduced hard suspension time and a shorter period of restricted privedges with OWI.
The penalties aren't as high for an OWI as they are for a High BAC (Superdrunk), but they are still significant and either way you lose your driver's license for a period of time in addition to driver's responsibility fees and other secondary consequences. You may be able to keep your license with a plea to Impaired Driving or there may be problems with your case that could even get it reduced to something even lower or better. I would strongly urge to invest in retaining an attorney from the area that primarily practices OWI defense and who knows how to properly investigate an OWI case and what to look for. AVVO and Google are great places to begin your search. Good luck.
Yes, the licensing sanctions do go down, unless you have a prior drinking and driving offense within the last seven years, or possibly if there were other problems with your license at the time of the incident. You should retain an experienced OWI attorney to help you with all of this. Sincerely, Frank B. Ford
The information contained in this answer is intended to convey general information. Nothing contained in this answer is intended as specific legal advice. Although the content is believed to be accurate as to Michigan law, no guarantee is made that it is accurate and up-to-date. This is not an offer to represent you, nor is it intended to create an attorney-client relationship.
I agree with these fine attorneys and strongly recommend you call Mr. Austin. Don't simply settle with getting it reduced to an OWI without having your case properly investigated by an OWI attorney. I have had quite a few cases, including High-BAC cases, dismissed altogether because I found other problems with the prosecutor's case. Just because you were over the limit does not mean you are guilty. I wish you the best!
The comments listed here do not create an attorney-client relationship. The comments are for informational purposes only and are not to be considered legal advice. This attorney is only licensed in Michigan and does not give legal advice in any other state. All comments are to be considered conversational information and you should not rely on these comments as legal advice or in place of retaining an attorney of your own. The comments here are based solely on what you have provided and therefore are general in nature and with more specific facts or details a different answer or outcome could result. The legal system is not a perfect science and this attorney does not guarantee any outcome.
Hire an attorney. Yes an OWI is better but it still has stiff penalties. Call an attorney today.
Disclaimer: No attorney-client relationship has been established. Please contact an attorney about your legal rights. This answer is for educational purposes only.
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