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Often, a DUI is not the only citation that a driver receives. Other tickets that may also be issued may be for speeding, failing to maintain a single lane, failure to obey a traffic signal, etc. Those traffic tickets, while considered moving violations, are less serious and carry only fines as punishment. What follows below is a list of offenses that also get charged with a DUI frequently but that have much harsher penalties.
DRIVING WHILE SUSPENDED: Driving while suspended as a result of an alcohol related offense carries very serious consequences.
First Time: A Class B misdemeanor punishable by at least a $100.00 fine and up to 6 months in jail. Probation may be granted.
Second and Subsequent Time: A Class A misdemeanor punishable by at least a $100.00 fine and up to one year in jail. Persons convicted of a second driving while suspended are not eligible for probation until they have served five days in jail.
Driving While Suspended on a DUI: People who get a subsequent DUI while suspended for a DUI, are subject to all of the above, but they must also serve a mandatory 90 day jail sentence.
OPEN CONTAINER: An Open Container violation is transporting an alcohol container in a vehicle (even if it has only a couple drops of alcohol in it, i.e., a crushed beer can). It is punishable by up to six months in jail and a maximum $200.00 fine. On a second conviction the person's driver's license is suspended for a year.
MINOR IN POSSESSION: A minor in possession charge may be filed whenever a person under the age of 21 possesses or consumes alcohol. It is a Class C misdemeanor if the minor is between 18 and 21 years old, and is punishable by a minimum $200.00 fine and possible jail time. For minors under the age of 18, it is punishable by at least $200.00 and not more than $500.00. Further, there may be 40 hours of community service and some alcohol education classes ordered by the court.
POSSESSION OF SUSPENDED, CANCELED OR REVOKED DRIVER'S LICENSE: New law in this area makes it a FELONY for any person to possess a plastic driver's license that has been suspended, canceled, or revoked. Felonies are punishable by prison time (i.e., Lansing Correctional Facility), although probation should be available for those without a criminal record.
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