something fishy in michigan?

[norwalker]

What is the name of your state (only U.S. law)? michigan
Last August I received an OWI 1st offense for an .08 breathalizer. Initially I though that was an impaired. Upon getting an attorney I was told it was intoxicated. I was encouraged to take it to trial with main main defense being that there is a margin of error on the breathalizer machines, a "good" police report, etc. I lost. The jury had the option to convict me of OWI intoxicated or impaired. At .08 they came back with guilty of intoxicated but then the judge dismissed those two options and found me guilty of UBAL? The Michigan info I have read says UBAL is stiffer penalties for cases over .10. My arrest was Aug. 28 and trial Dec.5. Question: Does a judge have the power to change the charge at the last minute to fit his sentencing?

[FlyingRon]

UBAL and OUIL have the same penalties.
OWI is a lesser charge, but you were guilty of the others.

(that is all unless you are under 21).

It's a little late to complain about it now.

[InsaneJane]

UBAL basically means that you were convicted of operating w/ Unlawful Blood Alcohol Level.
It seems to be more of a way of catagorizing DWI convictions. UBAL would mean that they didn't need to prove impairment, just that you were over the limit.
It also makes me wonder what took place in court if you only blew a .08. If you were burping or had dental issues, it would have elevated your score and that would have meant that your actual BAC would have been less the .08 or under the limit....
Too bad, you only had to convince one of the jurors to get off the charge. Were any of the jurors wearing MADD caps? or were you wearing black?

[justalayman]

I can find no statute dealing with UBAL (by name). Since 2003 Michigan has had a .08 threashold for OWI and as as such, I could find nothing about a BAC of .10.

This is the only current law I can find for michigan pertaining to a finite reading of BAC.

Sec. 625.

(1) A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person is operating while intoxicated. As used in this section, "operating while intoxicated" means either of the following applies:

(a) The person is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.

(b) The person has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or, beginning October 1, 2013, the person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of uri

(3) A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state when, due to the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance, the person's ability to operate the vehicle is visibly impaired. If a person is charged with violating subsection (1), a finding of guilty under this subsection may be rendered

9) If a person is convicted of violating subsection (1) or (8), all of the following apply:

(a) Except as otherwise provided in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by 1 or more of the following:

(i) Community service for not more than 360 hours.

(ii) Imprisonment for not more than 93 days.

(iii) A fine of not less than $100.00 or more than $500.00.

(11) If a person is convicted of violating subsection (3), all of the following apply:

(a) Except as otherwise provided in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by 1 or more of the following:

(i) Community service for not more than 360 hours.

(ii) Imprisonment for not more than 93 days.

(iii) A fine of not more than $300.00.

I believe there is a mandatory license suspension for 6 months for OWI. With OUI, I believe you can get a restricted license for work and such but not available for OWI.

Oh, and it looks like they can require an ignition interlock device:

(24) The court may order as a condition of probation that a person convicted of violating subsection (1) or (8), or a local ordinance substantially corresponding to subsection (1) or (8), shall not operate a motor vehicle unless that vehicle is equipped with an ignition interlock device approved, certified, and installed as required under sections 625k and 625l.

Basically, I believe the judge listed UBAL as a distinction to refer to 625.1(b)(.08 or greater BAC) as opposed to 625.1(a)( OWI but without a BAC) so he did not change the finding of the jury but merely defined what section of the OWI law you were found guilty of. It would be more difficult to argue against section b since there was proof to support this as opposed to sec a where the officers opinion would be used to support that charge.