Can I get lower DUI penalties in Michigan for a first offense?

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Question:

Can I get lower DUI penalties in Michigan for a first offense?

Answer:

Michigan DUI penalties are relatively serious. Even for a first charge, you may face a jail sentence, a loss or suspension of your drivers license, a requirement that you do community service, and a host of other penalties. While it may be possible in certain instances to try to reduce your penalties, whether or not you can do so is up to the prosecutor who is handling your case. 

In most instances, a prosecutor is going to be willing to arrange a plea bargain and let you plea to lesser charges if they believe you truly won't commit another DUI, if your BAC was close to the legal limit, or if they aren't confident that they can win the case in court. When they are willing to allow you to plea bargain the charges down and receive lesser penalties, the most common charge that they will agree to is called a "wet reckless." This is a special kind of reckless driving charge appropriate only for those who have been accused of a DUI. With a wet reckless charge, you may still have a license suspension and the charge will still go on your record- but usually the actual penalties are going to be less serious than for a DUi. However, it is also important to note that if you are subsequently charged with a DUI, the wet reckless will generally count as a prior offense on your record. 

If you hope to successfully plea bargain the charges down, the first thing you should do is contact a lawyer. Your attorney can explain to you what your options are and can help you to negotiate the best possible plea bargain with the prosecutor.  

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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