DUI and OWI are terms used to describe impaired driving offenses in various states. DUI, or driving under the influence, is the legal term that is used in most states, and it’s the most common abbreviation used in casual conversations related to impaired driving. However, the legal term used in some states, including Michigan, is OWI, or operating while intoxicated. These terms basically mean the same thing, and are often used interchangeably. However, DUI typically pertains to impaired driving due to alcohol or drugs, while OWI is a broader term that generally involves any operation of a vehicle with a blood alcohol content above the legal limit.
Both of these offenses carry severe consequences in states around the U.S., including Michigan. These consequences may include monetary fines, jail time, and license suspension or revocation. Securing experienced legal representation is crucial for navigating the complexities of these cases, particularly for individuals seeking license restoration after multiple convictions. A skilled attorney can provide valuable assistance to help you understand the legal process and advocate on your behalf. If you’re facing license restoration related to DUI or OWI cases, read on for more information.
Understanding DUI vs. OWI Consequences in Michigan
With both DUI and OWI cases, offenders may face a range of severe consequences that can significantly impact various aspects of everyday life, from legal penalties to strained personal relationships. Many of these penalties are even more pronounced for those with more than one offense, especially since this often leads to driver’s license suspension or revocation. Here are some of the potential consequences that drivers in Michigan and around the U.S. may face with one or more conviction:
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Fines: Offenders often face steep financial penalties, which generally escalate with repeat offenses. For example, a first-time offender may have to pay up to $500, while those with multiple convictions may owe thousands.
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Probationary Terms: Probation generally requires offenders to meet court-ordered conditions like regular check-ins or participation in mandatory substance abuse treatment programs.
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Jail Time: Incarceration is often reserved for repeat offenders or aggravated cases, but even first offenders may face up to 93 days in Michigan.
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Strain on Relationships: Emotional and financial stress related to these legal penalties can often negatively affect family and social connections. Those who lose their legal driving privileges often exacerbate this issue due to reliance on others to get around.
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Impact on Employment: Some offenders may lose jobs or have difficulty finding employment due to a criminal record. Loss of legal driving rights can make it even more difficult to find employment that doesn’t require reliable transportation or a valid driver’s license.
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Insurance Issues: Those with DUI or OWI convictions often have higher premiums or may even be denied certain insurance coverage due to the increased risk for insurers.
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License Suspension/Revocation: License suspension is the temporary loss of driving rights, which can be reinstated after a specified waiting period. License revocation is the permanent loss of driving privileges, which can make daily life significantly more difficult. These individuals can generally apply for license reinstatement after a waiting period, but the process is more involved than that of restoring a suspended license.
Importance of Legal Assistance for License Restoration
Professional legal assistance can be incredibly beneficial during driver’s license restoration cases, as the process is complex and distinct from general DUI or OWI defense. While DUI defense focuses on contesting the charges and minimizing the initial criminal penalties, license restoration involves proving to the state that you can be a safe and responsible driver deserving of reinstatement.
Navigating the Legal Process for License Restoration
Since license restoration is separate from the initial DUI/OWI case in Michigan, it’s important for individuals involved in this process to understand the common steps and requirements that occur throughout. Here’s a guide to the entire DUI/OWI legal process, including several common steps leading up to a potential license restoration hearing:
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Arrest: This is the initial detainment by law enforcement for an individual suspected of DUI or OWI.
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Arraignment: The individual must then appear in court, where charges are formally presented, and an initial plea is entered.
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Pretrial Hearings: Hearings may include legal discussions or motions to potentially resolve the case or prepare for trial.
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Trial: For those who don’t resolve their case with a plea bargain, a trial may occur where evidence and testimonies are presented to determine guilt or innocence.
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Sentencing: This is where penalties such as fines, probation, or jail time are determined.
For those with just one DUI or OWI offense, this is often where the process ends, though it’s still important to meet all court requirements or probationary terms. However, those with multiple offenses may face driver’s license revocation. After a specified waiting period (usually one year) the license restoration process can begin. Here are the steps to know within this separate legal process:
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Eligibility Assessment: Before starting the process, you must determine if you meet the criteria for license restoration, including waiting the specified amount of time and taking steps toward sobriety and rehabilitation.
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Substance Abuse Evaluation: You may also require a professional evaluation with a state-approved counselor to demonstrate recovery and readiness to drive safely.
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Petition for Hearing: This is where you file a request for a hearing with the Michigan Secretary of State’s Administrative Hearings Section.
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Hearing Preparation: Gather any necessary documents and prepare to present them as evidence of rehabilitation.
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Hearing: Attend a hearing where you present your case to a hearing officer, who decides whether to grant license restoration.
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Meeting Additional Terms: At the hearing, the Secretary of State may reinstate driving rights with certain terms, like driving with an interlock device on your vehicle for a certain period of time. After meeting these terms, you may then apply for unrestricted license reinstatement.
Throughout the entire legal process, it’s essential to comply with all court requirements and probationary terms, since non-compliance may lead to additional penalties or prolonged loss of driving privileges. In addition, showing your commitment to meeting these conditions can demonstrate your ability to show accountability and your commitment to rehabilitation. Even before officially starting the license restoration process, it’s important to start taking proactive steps toward rehabilitation, such as attending substance abuse programs and maintaining sobriety, since these steps will ultimately serve as evidence of your ability to return to the road safely.
Though the difference between DUI and OWI cases ultimately comes down to how each state phrases its own laws, both types of cases can lead to severe penalties for impaired drivers. For those who are facing significant legal and personal challenges due to the loss of driving privileges, the license restoration process may ultimately help you improve your daily life. And seeking help from an experienced attorney can help you navigate the complexities of the process, advocate for your rights, and give you the best possible chance of receiving a positive outcome for your case.
Attorney Mark Langschied is experienced in handling license restoration cases, with a deep understanding of the legal intricacies involved in this particular type of legal process. His compassionate, client-centered approach ensures that each individual receives personalized attention and guidance that is tailored to their unique situation. This can provide peace of mind throughout the process and ultimately give you the best possible chance of restoring your legal driving privileges.
