Friend Arrested for DUI 1st Time/Accident/No License

[billmu]

What is the name of your state?
Michigan

Hi, I was hoping if someone could help me out.

My friend had been drinking and drove into a parked car. The police were called and she was taken to the hospital by ambulance. At the hospital about three hours later they get her a blood test to check her alcohol level. They don't have the results yet...but she was then arrested and taken to jail. She also doesn't have a driver's license....it hasn't been suspended, she just never got one. She's been charged with a DUI and operating a motor vehicle without a license. I was wondering what kind of punishement she was looking at, and if she would have to serve any jail time. Also, is there any other advice anyone can pass along that could help her out?

Thanks in advance,
billmu

[LawGirl10]

Originally Posted by billmu

What is the name of your state?
Michigan

Hi, I was hoping if someone could help me out.

My friend had been drinking and drove into a parked car. The police were called and she was taken to the hospital by ambulance. At the hospital about three hours later they get her a blood test to check her alcohol level. They don't have the results yet...but she was then arrested and taken to jail. She also doesn't have a driver's license....it hasn't been suspended, she just never got one. She's been charged with a DUI and operating a motor vehicle without a license. I was wondering what kind of punishement she was looking at, and if she would have to serve any jail time. Also, is there any other advice anyone can pass along that could help her out?

Thanks in advance,
billmu

You said that "about three hours later" they gave her a blood test at the hospital to check her alcohol level. She needs to find out exactly when the test was administered in relation to the accident. I'm not that familiar with Michigan DUI laws, but it looks like the test has to be administered within a reasonable amount of time. Whether that is a reasonable amount of time might be something that needs to be looked into. Some states set a specific time limit (ex: some states say within 3 hours of reasonable suspicion). There may be another section that I did not find in their statutes, or they may have case law defining what a reasonable amount of time is for the blood draw. Each state will differ. If it is dependent on case law and not a statute, that will need to be researched. It will also be heavily dependent on the facts of her particular case.

At any rate, she should consult an attorney about the incident. There may be several things the attorney could look into.

[AmosMoses]

I am sure that some states may have very short mandatory jail time (maybe a couple to ten days or so) for even first time DWI/DUI offenses, but if Michigan is anything like Louisiana, she's probably looking at a fine, maybe some community service (32 to 40 hours or so), attending a "victim's impact panel/class" and maybe some sort of "safe driving school", and probably a year of unsupervised probation (during which she better not catch another DWI), not to mention paying for all of that, including court costs, fees for the "classes", probation fees, public defender fees (if you don't have a lawyer and sometimes even if you do!!), and even paying for the DWI test. My guess is that it's probably cost her oh, about $1500.00 or so, as well as about 7 days of her time for community service and classes....but, likely no jail time. They may drop the driving without a license if she pleads guilty to the DWI, but if not, that'll add a bit to it. Then, you are looking at her insurance likely going up....in Louisiana, you are (or at least were once if not now) allowed to plead guilty under Article 894 (I think that was what it was called), which would allow you to avoid having your insurance company informed if you kept your nose clean for a year.

That said, realize that Michigan may be totally different than that. It makes it a bit worse that she had no license and that she hit a car, obviously. As Lawgirl so correctly stated, she would be well advised to consult an attorney. You would be surprised what a difference that could make.

[sweetpearl]

Hhm, driving without a license, driving while intoxicated and hitting a parked car. As long as no one was hurt, probably a fine, probation and community service. At the very least.

[billmu]

Thanks for the help everyone. She says that she is going to contact an attorney. She told me at first that she was going to have the public defender defend her, but I told her I didn't think that was such a good idea, since she absoultely does not want to go to jail.

Thanks again,
billmu