Lawmakers and law enforcement in Michigan are once again cracking down on people who receive DUI convictions. Now more than ever, getting charged with driving under the influence of drugs or alcohol can mean a stain on your record that might not ever completely go away.
During a DUI arrest, the law enforcement officer will confiscate the driver's license. Upon release, the driver may request a modified license. This modified license, or work license, allows the person to drive to work, as well as to court or the grocery store, to attend to any needs of the person. This modified license does have limits, and drivers caught driving for leisure may face severe consequences.
Drivers may request a hearing in order to receive their driving rights back. By law, drivers may use the hearing to contest certain aspects of the charges, including the following:
- Grounds for the DUI charge
- Whether the officer followed proper protocol
- Refusal to submit to a sobriety test
If the aspect of the arrest or charge that the driver desires to attest does not fall into one of these categories, the driver's intent for the hearing may not be successful. Also, it is important for filers to understand that the hearing is only for the civil aspect.
DUIs have both civil and criminal elements. As such, drivers face charges in both courts; driving under the influence is a criminal offense, while committing a traffic violation is a civil matter. Therefore, drivers may receive penalties from both charges, including a longer license suspension or possible revocation.
By understanding these facts about DUI charges, parties can make educated decisions in regard to their plans moving forward. For further clarity, it may be beneficial to review the law and the court process.