What’s the penalty for a first offense?

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Drunk driving laws don't just apply to cars on the highway. You can also be arrested for operating a boat, jet ski, snowmobile, four wheeler, other off-road vehicle (ORV) or watercraft while intoxicated. For these vehicles, unlike cars, the legal limit is .10 instead of .08.

Operating a snowmobile or ORV while under the influence of liquor or drugs • Up to 93 days in jail and/or $500 • 12-45 days community service • May not operate a snowmobile or ORV for 6 to 24 months • 6 points on driver record • $1,000 a year for two years driver responsibility fee

Operating a watercraft while under the influence of liquor or drugs • Up to 93 days in jail and/or $500 • May not operate a watercraft for 6 to 12 months • No points, and it's not abstracted (not shown) on your driving record • �ese offenses do not suspend or restrict your driver's license and cannot be used to enhance a subsequent drunk driving offense • �e exception to the above rule is if you are arrested driving a snowmobile or ORV on a road while drunk, which is treated the same as a regular drunk driving

Drunk Driving - Other Vehicles

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1. What should I do if I have been drinking and run out of gas, get a flat tire, or get stuck in a ditch?

a. call a tow truck and wait.b. call 911 to make a report.c. call a friend/spouse and wait with my vehicle.d.

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run!

If the police come to my home looking for me after I have left the scene of an accident, what should I do?

a. answer the door.b. have my spouse answer the door.c. have my son answer the door, and tell them I am not home.d. close the blinds, turn off the lights, and pretend no one is home.

You are driving after leaving Ronin in Royal Oak. �e alcohol “hits you” and you are starting to feel drunk, so you decide to pull over to call for a ride. Unfortunately you are on 696 and have to stay in your car. You activate your emergency flashers, turn off the car, put the key in your pocket, and then get into the passenger seat to wait for your ride.

Trooper Huggybear of the Michigan State Police approaches you and asks you “where are you coming from?” What should you do?

a. answer him truthfully and tell him you were at Ronin. b. lie to him and tell him “a friends house” c. ignore him and pretend you are sleeping. d. pretend you can’t speak English and start rambling in a foreign language. e. accuse him of being a lying sociopath.

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�e correct answer is d. a, b, and c are all likely to lead to police contact.

You should lock your car, get o� the road, hide, and call for a ride so that you canavoid police contact. �is is perfectly legal unless you were in an accident. �en youmust immediately call the police and make a report, even if it is only your car thatis damaged. Your failure to do so can result in you getting a misdemeanor forleaving the scene of a property damage accident. If you choose not to make apolice report, the police must prove you were the driver. It is advisable toimmediately hire a lawyer and let him talk to the police. It will be the best moneyyou ever spent.

It is a very bad idea to have police contact, if you have broken the law. It is alwaysa bad idea to speak to the police without your lawyer present. �e correct answeris d. then contact your attorney immediately.

C and D are both correct, if you can keep your act going. E will probably get youarrested. No good deed goes unpunished. Most cops will ask you three questionsin this situation: 1.   Where are you coming �om?2.      How long have you been here?3.      Is anybody else with you?Most unsuspecting citizens will answer truthfully, not knowing that they have justgiven the cop evidence to convict them because they have just admitted that theydrove a�er drinking.  Your best option is to simply invoke your right to remainsilent.

D, Paris and Nicole were using the car as a shelter. �e state would have to provethat she actually moved the car or put it in gear while she was drunk. It does notmatter if the keys were in the ignition and the car was running. Although Casey’sparking lot is private property it is open to the public.

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Suspension vs. RevocationWhat’s the Difference?

Drivers’ License Restoration

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Which of the following will cause your drivers’ license to be suspended for 6 months? a. Fleeing and eluding a police officer b. Operating While Impaired c. Possession of marijuana d. Reckless Driving e. Operating While Intoxicated, Second Offense

Fleeing and Eluding would get you a one-year suspension. Reckless Driving would cause your license to be suspended for 90 days. Operating while Impaired will get your license restricted for 90 days. If you’re caught drunk driving for the second time within a 7 year period, your license will be revoked for one year. C is the correct answer. �e possession of marijuana, or any illegal narcotic, whether or not you’re in a car, requires the Court to suspend your drivers’ license for 6 months, and you’re eligible for a restricted license after 30 days.

If your license is suspended, it means that there is a set period of time that you’re not allowed to drive. At the end of that time, you simply pay the $125 license reinstatement fee and you get your license back.

If your license is revoked, it’s more serious. At the end of your revocation period, you haveto apply to get your license back. You will have to attend a hearing and argue that you deserve to have your drivers’ license restored. You will have to attend a hearing and arguethat you deserve to have your drivers’ license restored.

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What are the consequences if you refuse to take the roadside preliminary breath test (PBT)? a. You are guilty of a 93-day misdemeanor b. You will lose your license for 30 days c. You have committed a civil infraction and will pay a �ne d. You will lose your license for one year and have 6 points put on your driving record

If you refuse the breathalyzer at the police station, then you will get a one-year suspension and 6 points on your driving record. �e �ne in most cities for refusing a PBT is approximately $150.00. �erefore, C is the correct answer. �e �ne in most cities is approximately $150.00.

If your license is suspended for refusing the station breathalyzer, you can request a hearing to avoid the suspension within 14 days, but you will only win if you weren’t read your rights, you didn’t really refuse, or if the o�cer didn’t have a good reason to pull you over in the �rst place. Whether or not you were actually drunk driving at the time is meaningless. Even if you prove in Court that you weren’t, the suspension for refusal would still stand. If the suspension does stand, you can go to the Circuit Court and request a restricted license within 63 days.

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