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Driving Under the Influence

Driving under the influence is when an individual whether they have a valid driver’s license or not, operates a motor vehicle on a highway or other place that is open to the public or is accessible by a motor vehicle is visibly impaired due to the consumption of alcohol, a controlled substance, or a combination of the two. The punishment for a first offense of driving under the influence constitutes a misdemeanor and the penalty will be 360 hours of community services, 93 days in jail, and a fine of no more than $300. The charge of driving under the influence will be recorded and will show up on one’s driving record.

What is Considered Driving Under the Influence?

Driving under the influence may present itself in many different forms. A few examples would consist of: driving while under the influence of a schedule 1 controlled substance such as marijuana or cocaine or driving while one’s blood alcohol content is above the legal limit of .08.

Does Driving High From Smoking Marijuana Constitute Driving Under the Influence?

Yes, driving high from smoking marijuana will constitute driving under the influence as to pertains to the charge of driving under the influence. The statute specifically states that if one is visibly impaired due to the consumption of a controlled substance they will be charged with driving under the influence. The fact that marijuana is now legal in Michigan will not affect the fact that, driving high and being visibly impaired while operating a motor vehicle will still leave you open to a charge of driving under the influence.

What are the Consequences of a Second or Even a Third Driving Under the Influence Charge?

The answer to this question will depend on whether it is the individual’s second or third driving under the influence. If the second offense for driving under the influence occurred within 7 years of the first, the individual will be sentenced to pay a fine of not less $200 or more than $1,000 and possibly be sentenced to jail for not less than 5 days or more than 1 year, and community service for not less than 30 days or more than 90 days.

If one is charged with driving under the influence after 2 or more prior convictions regardless of how many years have elapsed between the prior convictions, the individual will be guilty of a felony and will be sentenced to pay a fine of not less than $500 or more than $5,000 and either sentenced to prison for not less than 1 year or more than 5 years or probation with jail time of not less than 30 days or more than 1 year in addition to community service for not less than 60 days or more than 180 days.

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When the police questioned me, I made a full-blown confession thinking that would help me. I was locked up and lost. Bill Amadeo got me a PR Bond, got me HYTA, kept me out of jail. Matt McManus wrote amazing briefs and a sentencing memo that saved my life. I will forever be grateful to Ann Arbor Legal. R.S.
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