Certainly, any arrest for drunk driving is serious. It’s been estimated that alcohol plays a role in about 40% of traffic fatalities in Michigan. However, the outcome of an arrest may depend on just where it occurred. According to a study by the non-profit group Bridge Michigan, the outcomes for drivers arrested for drunk driving vary significantly depending on what part of the state they’re in.
The group studied conviction data for drunk driving-related offenses in 2022. Researchers found that courts in some counties – particularly those here in the western part of the state — were less likely to allow drivers to plead guilty to a lesser charge that would allow them to keep their driving privileges than those in eastern Michigan.
Where are you more likely to get a plea deal?
Here in Kent County, 25% of arrests for drunk driving were resolved with plea deals. Even fewer in Ottawa and Muskegon counties resulted in plea deals and lesser charges. By contrast, in the counties on the other side of the state, particularly in the southeastern portion, 80% to 90% of those arrested for drunk driving were able to plead to a charge that doesn’t automatically result in a driver’s license suspension.
Prosecutors have the option of charging anyone with an alleged blood alcohol content (BAC) of .08% or higher with operating while intoxicated (OWI). However, they can also charge them with a lesser charge like operating while visibly impaired (OWVI) or even potentially reckless driving if it’s a first offense and they haven’t reached the “super drunk” level of .17% BAC or been involved in a crash in which someone was injured or killed.
Prosecutors have a good deal of leeway in determining how to charge these offenses. However, the people they report to, like county prosecutors, have their own views that often govern how various types of arrests are handled. In some cases, these may reflect the priorities and views on “law and order” of the people who live and vote there. This is just one reason why having experienced legal guidance can make all the difference to the outcome of your case.