If you have received a ticket for a Zero Tolerance OWI / DUI in Michigan Rudoi Law has the experience and expertise you need to provide you with the tough defense you deserve.
Under M.C.L. 257.625(6)(a) a person under the age of 21 years may not operate a motor vehicle if they have any bodily alcohol content. This means that if you are pulled over with a bodily alcohol content between 0.02 and 0.08 grams of alcohol per 210 liters of breath (basically if you take a preliminary breath test and blow between 0.02 and 0.08) and are under the age of 21 than you can be charged with a Zero Tolerance OWI / DUI. If your bodily alcohol content is more than 0.08 per 210 liters of breath than you can be charged with a normal OWI / DUI. Also, if the police can prove in some other manner that you have consumed alcoholic liquor and that the alcoholic liquor was present in your body while you operated a motor vehicle, regardless of the chemical testing, you can be charged with a Zero Tolerance OWI / DUI.
There is only one exception to this rule: If you can prove that you have consumed alcoholic liquor as part of a religious service or ceramony than you are not guilty of Zero Tolerance OWI / DUI. However, this exception will only allow you to consume a very small amount of alcoholic liquor, so do not attempt to use this as a get out of jail free card.
For your first violation of Michigan’s Zero Tolerance OWI / DUI law you can receive a misdemeanor conviction punishable by a fine of $250.00, community service of not more than 360 hours, or both. Therefore, you cannot receive jail time for your first conviction. However, this conviction still counts as a drunk Driving conviction on your record and can result in much more severe penalties if you are charged with a Drunk Driving Second Offense or Drunk Driving Third offense.
For your second violation of Michigan’s Zero Tolerance OWI/ DUI law within 7 years of the first or another drunk driving related offense you can receive a misdemeanor conviction punishable by a fine of $500.00, community service of not more than 60 days, 93 days in jail, or any combination of the three. This will count as a second offense drunk driving and therefore, if you receive any other drunk driving conviction in your life time you will be charged with and OWI / DUI third offense, which is a Felony conviction punishable by up to 5 years in prison.
It is important to take a charge of Zero Tolerance OWI / DUI very seriously because it can result in more serious penalties for all subsequent drunk driving related convictions. At Rudoi Law we know how to defend Zero Tolerance OWI / DUI charges and can help you get the defense you deserve.
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