Legal Question in Criminal Law in Michigan

How does the law confirm the DWI to the DUI, how do they tell the difference?

How do the law make DWI's and DUI's?

and how do they tell the difference bettween a DUI and a DWI?

Do you have to be more drunk to get a DUI or a DWI?


Asked on 12/16/99, 9:03 am

1 Answer from Attorneys
Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: How does the law confirm the DWI to the DUI, how do they tell the difference

DWI/OWI

In Michigan in order for an individual to be charged with the misdemeanor offense of Operating a Motor Vehicle While Visibley Impaired the city attorney/prosecutor would have to prove that the driving was erratic and that the individual had consumed alcohol or that the BAC/Blood Alcohol Content was 0.08 or greater but less than 0.09.

DUI/OUIL

In Michigan if the BAC is 0.1 or greater the individual is guilty of the crime of Operating Under the Influence of Liquor if the individual was driving the motor vehicle. An OUIL 1st and OUIL 2nd are misdemeanors (90 day and 1 year respectively). A third OUIL is a 5 year felony with a minimum of 1 year to be served.

Hope this has answered your question.

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Answered on 12/17/99, 8:57 pm


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