In all drunk driving offenses, you have the right to an attorney and to a trial by a judge or jury. If you have been previously convicted of a drunk driving offense, the charge may be increased.
Anyone convicted of the first three of these charges will automatically lose his or her drivers license for a minimum of 90 days and have at least four points added to their driving record. Sometimes the court will issue a restricted driver's license allowing you to drive only for certain reasons such as going to work or school.
Anyone convicted of a drinking and driving offense may be sentenced to jail, ordered to pay fines and costs, required to do community service, be put on probation, and ordered to attend an alcohol education or treatment program. Your car insurance coverage and rates may be influenced if convicted.
If you are a Michigan resident and are arrested for drinking and driving, the law enforcement officer will take and destroy your driver's license. The officer will provide you with a temporary Michigan driving permit until your case is resolved.
If you are stopped for drunk driving by a law enforcement officer, you may be asked to take a breath test while on the road. This breath test is called a PBT or a preliminary breath test. If you refuse to take the PBT, a civil infraction ticket may be issued for refusing to take the breath test.
You will be taken to a police department to take a breathalyzer test. If you refuse, your drivers license will be suspended for a minimum of six months and six points will be added to your driving record.
A drunk driving conviction has many consequences. You may want to talk to an attorney before the first court hearing.
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Last updated 3-15-06
Send your comments, questions and suggestions to Phil Harter at 161
E Michigan Avenue, Battle Creek, Michigan 49014
or e mail to pharter@calhouncountymi.gov