CPS may get involved if you’re arrested for DUI with a child in the vehicle, but it’s rare for them to immediately take children away unless no responsible adult can care for them. Driving under the influence with a child could result in additional charges like child endangerment or second-degree child abuse, which may lead to enhanced penalties and a CPS investigation.

Each case is unique, and CPS’s focus is on ensuring the child’s safety. If you’re facing DUI and child-related charges, it’s essential to seek legal advice to protect your rights and your family.

Yes, you can lose your CDL (commercial driver’s license) if arrested for drunk driving. In Michigan, even if you’re driving your personal vehicle, a DUI conviction can lead to a one-year suspension of your CDL for a first offense.

If you were operating a commercial vehicle at the time and your BAC (blood alcohol content) was 0.04% or higher, you face more severe consequences due to stricter regulations for CDL holders.

It’s essential to consult a skilled DUI defense attorney immediately, as they may help reduce the charges or negotiate a plea to protect your CDL and your career.

Ff you’re pulled over and suspected of drunk driving, you are subject to the Implied Consent Law, which means you are legally required to take a chemical test (such as a breathalyzer) after being arrested. Refusing to take this test after an arrest will result in automatic penalties, including a one-year license suspension and six points added to your driving record for the first refusal.

However, before an arrest, officers may ask you to take a preliminary breath test (PBT) at the roadside. You can refuse this test without facing criminal penalties, but refusal will result in a civil infraction and a fine, and may still lead to your arrest based on other evidence of impairment.

DUI (Driving Under the Influence) is commonly used as a general term, but the state officially recognizes several specific impaired driving charges: OWI, OWVI, and OWPD. Here’s how they differ:

1. OWI (Operating While Intoxicated): The most common and serious charge for impaired driving in Michigan. This applies when a driver has a BAC of 0.08% or higher or is under the influence of alcohol, drugs, or a combination of both. OWI can also apply if you are visibly impaired, regardless of your BAC.
2. OWVI (Operating While Visibly Impaired): This charge is less severe than OWI and applies when a driver’s ability to operate a vehicle is visibly impaired by alcohol or drugs, but the BAC is below 0.08%. Unlike OWI, OWVI doesn’t require a specific BAC level; it focuses on whether the officer observes signs of impairment.
3. OWPD (Operating With the Presence of Drugs): This charge applies when a driver has any amount of a Schedule 1 controlled substance (such as heroin or cocaine) or marijuana in their system while driving. Unlike OWI, there is no need to prove impairment—the mere presence of the drug is enough to be charged.
4. DUI (Driving Under the Influence): While not an official charge in Michigan law, DUI is often used interchangeably with OWI in casual conversation to refer to driving under the influence of alcohol or drugs.

Each of these charges carries different penalties, with OWI typically resulting in more severe consequences than OWVI or OWPD. It’s essential to understand the distinctions as they can affect the legal outcome and penalties you may face.