DUI Question: Do You Lose Your License Immediately after a DUI?

“Do you lose your license immediately after a DUI?” is a frequently asked question. This article answers this and other DUI questions.

What is DWI vs. DUI?

In the United States, there are many different distinctions between what is considered a DWI or DUI. Though the full legal meaning of these terms varies from state to state, their acronyms mean the same thing: DWI stands for “driving while intoxicated” and DUI for “driving under the influence.”

In Michigan, authorities changed their acronym from DWI to OWI, or “operating while intoxicated.” They did this because the previous definition for DWI was too vague. To prevent legal loopholes for people arrested under this charge, they changed the language and meaning of the charge.

DUI specifically refers to driving an automobile while under the influence of alcohol. OWI refers to operating any motorized vehicle while under the influence of any intoxicating substance. This means driving a boat, car, or any motorized vehicle. In addition, OWI refers to intoxication by alcohol and any other intoxicating drug like marijuana or other illegal drugs.

Which Is Worse: DUI or OWI?

DUI questions

Drunk driving is never a good idea. Not only does it put your life and the lives of other drivers in jeopardy, but it can also lead to serious legal consequences that derail our everyday lives. So, while it is crucial to never get behind the wheel after having a few drinks, knowing the potential consequences if you do is essential.

In the township of Sterling Heights, Michigan, operating while intoxicated (OWI) carries a more severe legal penalty than driving under the influence (DUI). This is because the former extends beyond simply driving and alcohol consumption. A driver can receive an OWI sitting in a parked car under the influence of an illegal drug.

Do You Lose Your License for Your First DUI in Michigan?

When it comes to losing your license due to a first-time DUI conviction in Michigan, the answer to whether you will lose your license is not a simple yes or no. Many factors determine whether or not an individual loses their license after a DUI conviction. However, what is consistent is that a conviction does cause a temporary reduction of driving privileges for a period of time.

For individuals charged with a first-time DUI with a blood alcohol content below 0.17, the charges involve the following:

  • $100 to $500 fine with up to 93 days jail time or no more than 360 days community service
  • Suspended driver’s license for 30 days, with an additional 150 days of restricted driving privileges
  • Possible immobilization of the vehicle
  • Possible anti-drunk driving device (interlock)
  • Six points added to the individual’s master driving record

For first-time DUI convictions with a blood alcohol content over 0.17, the charges involve the following:

  • $200 to $700 fine with possible 180 days jail time or 360 hours of community service
  • Suspension of driver’s license for one year, with possible 45-day restriction if owner’s vehicle receives an interlock system
  • Six points added to the individual’s master driving record

Is Your License Immediately Suspended After a DUI?

Much like other DUI questions, asking whether authorities will immediately suspend your license after a DUI is a yes-and-no situation. Technically, the answer is no; the authorities will not suspend the driver’s license. However, the answer can yes, as even before conviction, the mere suspicion of drunk driving means the driver receives an alternate license.

To be more precise, upon arrest for possible DUI, the police officer performing his duties immediately confiscates the plastic Michigan driver’s license and gives the driver a paper one. This new license is known as a DI-177. This paper license is known as the Breath, Blood, Urine Test Report Michigan Temporary Driver Permit.

The police officer on duty issues this temporary permit if the driver agrees to a breath or blood test. If the driver complies, they hold this permit until the court convicts or dismisses the driver.

Individuals who refuse the breath or blood test receive a DI-93. This paper permit is only good for 14 days or until an attorney schedules a trial hearing within these 14 days. If an attorney does not do this, refusal to take a breath and blood test results in an immediate suspension of driving privileges for one year.

Contact Hubbs Law, Your DUI Lawyer

Dealing with DUI and OWI convictions is never an easy thing in the state of Michigan. They lead to drastic changes in the personal freedoms of individuals that have tremendous impacts on their daily lives. These convictions result in court appearances, substantial fines, and restricted driving privileges.

However, while we at Hubbs Law in Sterling Heights, Michigan, never recommend getting behind the wheel after consuming alcohol or taking intoxicating drugs, we know it happens. So, if you find yourself in that position and have DUI questions, do not hesitate to contact us. We are the premier DUI lawyer in Sterling Heights.

“What is Probate?” is a common question for estate planning attorneys.

Probate court handles the administration of a person’s estate when that person passes away.  Probate administration of an estate involves making sure creditors of the estate are paid and the distribution of the estate’s assets. For purposes of probate, an estate is any property that a person owns solely in their name at the time of death.

Probate is deadline-driven. This means that if you become a personal representative of the estate, you must follow procedures in a timely manner. You also must take proper steps in order to avoid having a creditor try to recover any debts of the estate from you personally.

Examples where probate may be necessary

#1 Selling your loved one’s home.

A common example of a probate case is where someone is the only owner of a piece of property at the time of their death.  The family wishes to sell the property to pay for the funeral expenses of their loved one. But, the family cannot sell the property if their name is not on the deed as an owner of the property.  Now what do you do? We invite you to contact our office to discuss the specifics of your situation.

#2 Gaining Access to your loved one’s bank accounts.

Your loved one has passed away. They named you as the beneficiary of their estate in their will. Or maybe they didn’t have a will but you are the only living relative. You try to go to the bank to access their bank account. You even show the bank the will and explain you are the only living relative. But, the bank says you cannot have access to that money without the proper paperwork. Now what? Contact our office to set up a meeting to discuss the specifics of your situation.

When is probate not necessary?

It’s always best to speak with an estate planning attorney to determine when is probate not necessary or required.

Probate can be a lot to deal with while you are grieving the loss of a loved one. Our office is here to help you navigate through this often time-consuming and stressful process.

Do you have more Probate Administration questions?

Please contact us and be sure to read our probate administration frequently asked questions!

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If you are a parent, you recognize how dependent your children are upon you. They rely on you to provide them with the necessities such as food, shelter and clothing. As a parent you wear many hats. You are a coach, a listening ear and an advocate for your child. But, have you thought about what would happen to your children if something happened to you? Who would love them like you do? Who would raise them with your goals and beliefs?

These are such important questions for parents that they should not be left in the hands of the court to decide. Judges are busy and dockets are full. If you do not put it in writing then the judge will be left guessing who you would have wanted to raise your children. They may have to resort to naming the person that looks best on paper. That person may not be the same person you would have selected. The best way to avoid having to have a court decide these issues is to implement an estate plan for the care of your children in the event of your incapacity or death.

estate planning family

As a parent, you have the ability to designate who would take care of your children if something happens to you. Our office can help you to put the proper documents in place to ensure that your children would be taken care of by the people that you know and trust. You get to select who you would want to raise them with your goals and beliefs rather than leaving a judge to decide this question for you.

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Estate planning benefits provide your family with peace of mind and security for the future.  Below are some key benefits including:

#1 Avoid Probate

Probate court is the court that will administer the estate of a person that passes away without having a plan in place.  This is called dying intestate.  When someone dies with a will it is called testate.  Probate Administration is the resolution of a persons estate that has passed away intestate or with a will.  It is a deadline driven process that can be expensive, long and public.

No one can tell you the exact amount that a probate case will cost.  However common expenses include legal fees, court fees, appraisals, publication fees and other fees that may be case specific.  Estimates are that the cost of administering an estate through probate court are 3-8% of the value of your probatable assets.  This is money that is taken out of your estate that could have passed to your family.

Probate can take a significant amount of time.  In Michigan, the minimum time for a probate case is 5 months.  However, some cases can take years to resolve.  The amount of time a case takes to go through probate depends on issues raised, the court’s docket and whether or not there are any disputes among beneficiaries.  Given the COVID-19 crises, most courts have closed.  Thus, they are not handling cases.  There will be a backlog of cases that were already filed before COVID-19 thus likely pushing the resolution of newer cases out even further.

Probate makes the financial affairs of a person that has passed away very public. Information that becomes public record includes the nature of the person’s assets and debts.  It also becomes public information as to who gets the assets.

Probate has many negative aspects to it.  It can be expensive, long and public.  It is possible to avoid probate with proper planning. Our estate planning attorney can help you to put a plan in place that can help your estate to avoid probate.

#2 Peace of Mind

The loss of a loved one can cause a significant amount of stress and anxiety for a loved one.  It often times leads to family conflict. The last thing that they should have to deal with is the additional stress of  having to go to court to resolve your estate. By implementing an estate plan and using estate planning services you will have the peace of mind that you are helping your family to avoid the probate process and significantly reducing any potential added stress in their time of grief.

Do you have an Estate Planning Question?

We’d be happy to answer your estate planning question.  Please Contact Us and we can discuss your estate planning needs.  You can also refer to our estate planning checklist for more steps on effective estate planning.