Tuesday, June 6, 2017

Ithaca DWI Lawyer: Michigan License with a New York DWI Charge

Michigan Got a Little Piece at the Top as Well
from carnegiemnh.org

First, I want to thank Michigan DWI lawyer Gary Wilson for his help in answering the question of what happens with a New York State DWI charge with a Michigan driver's license. Gary is one of the best in his state at defending DWI or what Michigan calls "DUI" charges.

So what does happen with a New York State DWI (driving while intoxicated) charge back in Michigan?

Can they hit you with double penalties both in Michigan and New York?

Can you do anything to decrease the Michigan penalties of a New York State DWI charge or charges?

Michigan Punishes Out-of State DWI as well as In State DWI

My initial disclaimer, I am NOT licensed in the state of Michigan, I think it's enough that I pay yearly for NJ, PA, NY, and FL. Talk to a licensed Michigan Attorney for any Michigan legal questions. This blog post is a mere overview of what can happen or what happens typically to a Michigan License Holder with a New York DWI charge, not an aggravated DWI charge or a DWAI charge.

Remember that almost every state will have an administrative (civil) license penalty aside from the criminal consequences of a OUI/DWI/OWI charge whether in or out-of-state. If you have a charge in one state but hold a license in another, YOU will potentially face double license penalties. This does not violate double jeopardy because it is a "civillicense penalty and double jeopardy is ONLY for "criminal" punishments. You can't be tried for the same CRIME twice! You can be tried and punished for the same civil penalty twice.
Remember ONLY drink Beer in Michigan, I kid, I kid

Michigan is the Land of Levels and Points for New York DWI

Michigan is the land of degrees and levels. They love to break things down into steps. You can even begin to drive at 14 years and 8 months. Yes, they have a level one, level two, and level three licenses for young teens. They also love to give out points for violating stuff. In New York State no violation or offense that causes a license suspension or revocation has any points. NYS feels the license hit is enough. You see NYS can be kind in this area. Michigan license probation can be three years. Not to say NYS doesn't have their harsh penalties but Michigan is no slouch.

First time DWI in NYS with a Michigan Driver's License Penalties

Remember Michigan looks at the final charged (plead to) offense for your BAC number. If aggravated in Michigan >.17 or more then the penalties to your license go up. NYS aggravated DWI is .18 BAC or more.

These are the Michigan State License Penalties for a New York .08 or common law DWI Charge:

1. 6 points against your Michigan State Driver's License
2. 30 days NO driving privileges whatsoever
3. 150 days of RESTRICTED driving privileges

You will automatically receive (attorney Wilson told me) a restricted license good for:

employment (to and from)
court or legal matters
medical appointments

NO driving for food or fun or family.

The Best Way to Decrease Michigan License Penalties is to Have to Least NYS DWI Charge

If you began with two DWIs then try to have one common law or .08 DWI. If you began with an aggravated NYS DWI (.18 BAC or more) try to get a lower level .08 BAC DWI. If you began with a DWI could you get a DWAI alcohol?

What you finish with in NYS will determine to a large extent what Michigan state will do to your license privileges.

Contact Gary Wilson with any Michigan DWI or Michigan legal questions at http://www.wilsonlawmi.com