Underage OWI in Michigan

[jpres917]

What is the name of your state (only U.S. law)? Michigan

Hi,

Two days ago I was driving drunk with a friend. In a parking lot, I hit a pole. A guy stopped, made sure we were ok, and called a tow truck. A campus police officer (this was on a college campus) arrived shortly before the tow truck. My friend (who had been a passenger) and I were standing outside of the car.

I told the officer I had been the one driving and that I had been drinking. I blew a .20. At this point, he arrested me for OWI, and did not read me my Miranda rights. Is this legal since he never saw me in the car, even though I told him I had been driving?

Also, with this new 'superdrunk' law, what are the penalties I'm facing? This is my first alcohol-related offense.

 

[Antigone*]

What is the name of your state (only U.S. law)? Michigan

Hi,

Two days ago I was driving drunk with a friend. In a parking lot, I hit a pole. A guy stopped, made sure we were ok, and called a tow truck. A campus police officer (this was on a college campus) arrived shortly before the tow truck. My friend (who had been a passenger) and I were standing outside of the car.

I told the officer I had been the one driving and that I had been drinking. I blew a .20. At this point, he arrested me for OWI, and did not read me my Miranda rights. Is this legal since he never saw me in the car, even though I told him I had been driving?

Also, with this new 'superdrunk' law, what are the penalties I'm facing? This is my first alcohol-related offense.

He didn't need to read you Miranda in order to arrest you. You told him you were driving and you blew. Get an attorney.

No this is not your first alcohol-related offense, this is the first time you've been caught!

 

[cyjeff]

I told the officer I had been the one driving and that I had been drinking. I blew a .20. At this point, he arrested me for OWI, and did not read me my Miranda rights. Is this legal since he never saw me in the car, even though I told him I had been driving?

Of course it is legal. The officer can take you at your word.

Even if you hadn't confessed, a car wrapped around a telephone pole while two drunk idiots are waiting for the tow truck is called a "clue" by law enforcement.

You need an attorney... oh, and a ride. You won't be driving for a very long time.

 

[justalayman]

well, sounds like you are in for a lot of fun.

the new law mandates license suspension for 1 year with no possibility of a restricted license for 45 days.

up to 6 months in jail

mandatory booze classes for 1 year. The frequency and duration and type of classes will be based on assessment by a licensed alcohol assessor (your cost, of course)

fines from $200-$700 (up from $100-$500)

possibly up to 360 hours of community service

an ignition interlock device (cost to install and monthly service fees your cost, of course) if you obtain a restricted license in the remaining 320 days of that first year.

Not sure how long they can order it be retained. The last statement I read was: "until the secretary of state orders it's removal"

I just realized that you are underage as well.

Dang, that really sounds bad.

 

[FlyingRon]

Nope, just stop posting and the thread will fade away.