Anyone who is accused of operating while intoxicated in Michigan should understand that they can face harsh penalties. That might include large fines, incarceration and lost driving privileges. It also has the potential to negatively impact them professionally. Those who are trying to get certain types of jobs could be confronted with obstacles due to an OWI conviction.
This is especially important for commercial drivers. A commercial driver’s license is different from a conventional driver’s license in that the commercial driver is held to a higher standard. With that, a lower amount of alcohol in their system will lead to OWI charges.
The OWI threshold for commercial drivers is lower
Whereas a driver on a conventional license will be charged with OWI if they register 0.08 when their blood alcohol concentration is tested, a person driving a commercial vehicle will be charged if it registers 0.04.
As part of the defense, many drivers will strive to call the arrest itself into question claiming there was no warrant to gather the evidence. However, the peace officer can make the arrest if they have reasonable suspicion that the driver had alcohol in their system when they had an accident. There can also be an arrest if the person is sitting in the driver’s seat of the commercial vehicle even if it is stopped on a highway or street, is interfering with traffic flow and the officer believes they were had consumed alcohol.
Although this is a misdemeanor, the commercial driver can still be incarcerated for 93 days, fined up to $300 or both. The penalties increase with subsequent convictions. To make the situation more problematic, their commercial driver’s license could be jeopardized along with their job. An OWI could spark a one-year suspension of their commercial license.
It is critical to protect a commercial driver’s license when charged with OWI
Often, drivers who are arrested for OWI will immediately think about the possibility of jail and the financial ramifications. Commercial drivers need to consider these issues and more. Since an OWI will inevitably cause them professional problems and negatively impact their ability to work, it is imperative to know how to fight the charges and try to avoid a conviction.