Basic Drunk Driving Facts
Drunk Driving is a term used to describe the charge of OUIL/UBAL. OUIL is operating under the influence of liquor. Essentially, the prosecutor must prove beyond a reasonable doubt that a defendant's ability to drive was substantially and materially affected by the consumption of alcohol. The statute includes other basic jurisdictional elements that the prosecutor must prove.

UBAL, on the other hand, is an alternative charge that carries the same penalties as OUIL. The basis of a charge of UBAL is a blood alcohol level which exceeds .1 grams of alcohol per 210 milliliters of breath. If a chemical test indicates this, you can be charged with having an unlawful blood alcohol level. However, as with OUIL, the statute also includes other jurisdictional elements that the prosecutor must prove. A defendant can still make the prosecutor prove the case, since a defendant is always innocent until proven guilty, and chemical tests can be successfully defended against in certain circumstances.

A person charged with drunk driving should be very concerned and should immediately seek the advice of a lawyer. A conviction of the offense may be avoided by negotiation to a lesser offense, or dismissal. Questions still arise in the legal areas of probable cause, search and seizure, and administrative rules.

Guilty plea: If a guilty plea is necessary, a skilled lawyer will also advise the Judge of mitigating circumstances in an attempt to avoid harsh license sanctions, fines or jail time. A lawyer will also assist in gaining a restricted license if you qualify under the statute.

Secretary of State: In every drunk driving case a defendant will deal with two separate entities:

The Court that has jurisdiction over the criminal case.
The Secretary of State, which has jurisdiction over your driving privileges.

When it comes to the criminal case, the Court must comply with the statutory minimums that are set by the Secretary of State.

Repeat Offenders
Repeat offenders may be treated very severely in certain District Courts. It is recommended that repeat offenders seek help and counseling during the process of their Court involvement. A repeat offender in some Courts could certainly be facing some jail time. The Court considers several factors such as length of time since the prior offense, age, the facts of the current case, and other factors.

New legislation has been passed in the State of Michigan that will take effect on October 1, 1999 concerning OUIL and DWLS (Driving While License Suspended) repeat offenders. The bill was designed to address the problem of drivers who continually operate under the influence, or on a suspended or revoked license. The law will now call for strict rules regarding license sanctions, license revokation, ignition interlocks, plate confiscation, vehicle immobilization, and vehicle forfeiture.

Driving Tips
There are certain frequently cited reasons police use to justify stopping vehicles, especially late at night. People who dangle objects from their rear view mirrors can be stopped and issued a ticket for obstructed view. A vehicle whose license plate is obstructed or not properly lighted is likely to be involved in a police traffic stop, where none would otherwise have been indicated.

These tips apply in most drunk driving cases, not necessarily all drunk driving cases:

DO ask to call an attorney immediately.
DO show drivers license, registration, and proof of insurance.
DO behave politely.
DON'T agree to be video taped.
DON'T admit anything and remember - you do not have to take coordination tests.
DON'T try to talk your way out or be rude.
DON'T discuss your consumption of alcoholic beverages.