Will I go to jail for an Operating While Intoxicated charge? 5 Answers as of June 12, 2013

I am being charged with Operating While Intoxicated after I hit a pool of water on a freeway and my car spun-out and hit a cement wall. I had three minors in the car with me, none of us was injured and the cop did not make them take a breathalyzer, only me. We made a deal that if I did. They wouldn't have to, but he did scan their licenses. He said that if I complied I would not lose my license or even have it suspended, to which he kept his word. I bailed out at $100 and blew a .14 and a .15. I was in jail for six hours.

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Klisz Law Office, PLLC
Klisz Law Office, PLLC | Timothy J. Klisz
The police don't control things like licenses. Jail is a possibility in some courts in the area.
Answer Applies to: Michigan
Replied: 9/28/2012
Douglas M. Philpott, P.C. | Peter J. Philpott
You have a better chance of jail because there were kids in the car and an accident.
Answer Applies to: Michigan
Replied: 9/28/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
With three passengers in the vehicle you may end up with some jail time, I would advise you to go to AA and alcohol counseling. Get proof of attendance at both. This will help keep you out of jail or reduce the time you may serve. You need a good lawyer. Get one.
Answer Applies to: Michigan
Replied: 9/28/2012
Law Office of Stephen Barker | Stephen Barker
There are several factors affecting your situation and the probability of jail time. These are not covered in your summary. The likelihood of Jail goes up with each subsequent conviction. Is this the first time that you have been charged with an alcohol related offense? In Michigan there is what is commonly known as "Super Drunk Driving" for violations with a Blood Alcohol content of .17 or above. This doesn't apply to you but can double- jail time. Your biggest concern is a possible charge of child endangerment due to the ages of your passengers. Jail sentences also vary from Court to Court and even Judge to Judge. You need to retain a good lawyer to present you in the best possible light and to search out procedural errors which might lead to a motion to quash. In the meantime start attending and documenting AA or other counseling. This will show the Court that you are addressing any possible alcohol dependency issues.
Answer Applies to: Michigan
Replied: 9/28/2012
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
Maybe. You might also be charged with reckless endangerment of minors. Better hire an attorney.
Answer Applies to: Michigan
Replied: 6/12/2013
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