OPERATING WHILE VISIBLY IMPAIRED

Under Michigan DUI law (M.C.L. 257.625), regardless if you have a license to drive or not, it is against the law to operate a vehicle if your ability to operate the vehicle is visibly impaired due to the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.

Note: Operating while visibly impaired is considered a lesson-included offense to operating while intoxicated. This means that if you are charged with operating while visibly intoxicated, even if you are not found guilty of that, you could still be found guilty of operating while visibly intoxicated.

If you have been charged with operating while visibly impaired, we recommend that you contact a Michigan DUI attorney immediately.

AN OVERVIEW OF THE PUNISHMENT ENFORCED

Misdemeanor

If you are found guilty of operating while visibly impaired under Michigan DUI law, you will be convicted of a misdemeanor crime and you will be punished by 1 or more of the following:

• Community service for not more than 360 hours.
• Imprisonment for not more than 93 days.
• A fine of not more than $300.00.

However, this punishment could escalate if your operating while visibly impaired violation either occurs within 7 years of 1 prior conviction. If the 7-year rule applies to your situation, then you will be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and 1 or more of the following:

• Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of the term of imprisonment imposed under this subparagraph shall be served consecutively.
• Community service for not less than 30 days or more than 90 days.

Note: The court may also order you to pay the costs of the prosecution under the code of criminal procedure.

Note: If you are sentenced to perform community service, you shall not receive compensation and you will have to reimburse the state or appropriate local unit of government for the cost of supervision incurred by the state or local unit of government as a result of your activities in that service.

Note: The court may order as a condition of probation that a person convicted of operating while visibly impaired, shall not operate a motor vehicle unless that vehicle is equipped with an ignition interlock device approved, certified, and installed.

Misdemeanor Turns Into Felony

If, however, your operating while visibly impaired conviction occurs after 2 or more prior convictions without regard of how long it had been since any of the prior convictions, then instead of being guilty of a misdemeanor, you will be guilty of a felony, punishable by a fine of not less than $500.00 or more than $5,000.00 and either of the following:

• Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years.
• Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days. Not less than 48 hours of the imprisonment imposed shall be served consecutively.

Felony

1. Causing Death

If you are found guilty of operating a motor vehicle while visibly impaired and by operating the motor vehicle while visibly impaired you caused the death of another person, then under Michigan DUI law ,you will be guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not less than $2,500.00 or more than $10,000.00, or both. The court can also order the vehicle to be immobilized.

Note: If, by operating the motor vehicle while visibly impaired, you caused the death of a police officer, firefighter, or other emergency response personnel, then you will be guilty of a felony that is punishable by imprisonment for not more than 20 years or a fine of not less than $2,500.00 or more than $10,000.00, or both. You could also face a sanction under MCL 257.625n, which could include vehicle forfeiture. If this doesn’t happen, then your vehicle could be ordered to be immobilized.

Note: If you are imprisoned as punishment for this type of felony, your term of imprisonment shall not be suspended.

** Be aware that for causing the death of a police officer, firefighter or other emergency response personnel, you could face criminal charges under another statute – MCL 257.653a.

2. Causing Serious Injury

If you are found guilty of operating a motor vehicle while visibly impaired and by operating the motor vehicle while visibly impaired you caused a serious impairment of a body function of another person, then you will be guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both. Again, you could be sanctioned under MCL 257.625n, which could include vehicle forfeiture. If this doesn’t happen, then your vehicle could be ordered to be immobilized.

Note : If you are imprisoned as punishment for this type of felony, your term of imprisonment shall not be suspended.

If you have any questions or doubts about Michigan DUI law related to operating while visibly impaired, or if you were recently arrested for operating while visibly impaired, please contact a licensed Michigan DUI attorney. For a free legal consultation, click on the link below.