• The Gracey Law Firm

Drinking and Driving: Law 101

Whether you've been charged with a DUI, OWI, or you refused a PBT, here are the basic must-know facts about drinking and driving offenses.


About Drinking and Driving

Drinking and driving offenses can be a misdemeanor or felony charge.


Misdemeanor Charge

Most drinking and driving offenses are charged as misdemeanors in the state of Michigan.

Misdemeanor charges include:

  • operating while intoxicated (if it’s your first or second time),

  • operating while visibly impaired

  • operating with any alcohol content in the body - which is for people under the age of 21.

If you’re under 21 and are caught driving with any alcohol in your car, you could also be charged for a minor in possession. You could also be charged with operating under the influence of drugs.


Felony Charge

  • Felony offenses for drinking and driving include:

  • operating while intoxicated (if it, operating while visibly impared causing death or serious injury, and child endangerment.

Other Must Know Facts


If you are a Michigan resident and you are stopped for drinking and driving the officer will suspend your license. You will be issued a temporary permit until your case is resolved.


While you’re stopped, you will be asked to take a Preliminary Breath Test (PBT). Under the Michigan Implied Consent Law, you cannot refuse the Preliminary Breath Test, if you do, your license could be suspended for a year and you could even face jail time. Additionally, your refusal could be used against you in a trial.


The Impact of a DUI Charge

Penalties in Michigan are very serious and could even mean up to 93 days in jail. Besides the consequences of a DUI conviction, keep in mind the immediate consequences of a DUI charge.

  • Your license will likely be revoked immediately and you’ll be facing points added to your driving record.

  • Your insurance rates will likely increase

  • Suspension of license


Don't Wait

Drinking and driving is a serious charge, don’t hesitate if you have questions. Call The Gracey Law Firm.


The most important goal if you’re facing any DUI or traffic charge is protecting your driving record and keeping you out of jail. Attorney Gracey has experience fighting all types of traffic charges from simple speeding tickets, to refusal to submit to a BAC, and OWI charges.


The last thing you need is to worry about losing your job after a traffic stop. Protecting your future, your driving rights, and avoiding steep fines is important.


Attorney Judith S. Gracey will fight back against these charges; you can contact The Gracey Law Firm for a free initial phone consultation. We provide affordable legal services to those who are facing any type of driving violation including driving under the influence of alcohol or drugs.

2200 Beechmont Street, Keego Harbor, MI, 48320      

judith@thegraceylawfirm.com  |   1(248)-221-7726

© 2023 by The Gracey Law Firm

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