DUI Violations For Commerial Drivers

Under Michigan DUI law (M.C.L. 257.625m), it is against the law to operate a commercial motor vehicle if you have a 0.04 to 0.08 blood, breath or urine alcohol level, or, beginning October 1, 2013, a 0.04 to 0.10 blood, breath or urine alcohol level.

If you have been charged with violating Michigan DUI law by operating a commercial motor vehicle with a blood, breath or urine alcohol content level of 0.04 to 0.08, then we recommend you contact a Michigan drunk driving lawyer immediately.

AN OVERVIEW OF THE PUNISHMENT ENFORCED

First Offense Misdemeanor

If you are convicted of operating a commercial motor vehicle with certain alcohol content, then you will be guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $300.00, or both, together with costs of the prosecution.

Second Offense Misdemeanor

If you are convicted of operating a commercial motor vehicle with certain alcohol content within 7 years of 1 prior conviction, then you may be sentenced to imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

Note: A term of imprisonment imposed shall not be suspended.

Third Offense Felony

If you are convicted of operating a commercial motor vehicle with certain alcohol content within 10 years of 2 or more prior convictions is guilty of a felony and shall be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and to 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 under this subdivision shall be served consecutively.

Note: A term of imprisonment imposed shall not be suspended.

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