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Michigan DUI Penalties

Michigan OWI First Offense Penalties

If you have have been charged with a Michigan OWI and are subsequently convicted of that crime, the Michigan legislature and the Michigan Secretary of State have outlined the following consequences:

  • Up to 93 days in jail – Although it is rare for a first offender to actually serve jail time, it is a real possibility depending on your conduct during the course of the case.
  • a fine of $100–$500, and/or community service up to 360 hours – You need to remember that court costs will be added to this amount as well. 
  • permissive vehicle immobilization up to 180 days. MCL 257.625(9)(a), .904d(1)(a). If a defendant is imprisoned for the violation for which immobilization is ordered, the period of immobilization begins at the end of the period of imprisonment. MCL 257.904d(6) – While it is rare for a vehicle to be immobilized for a first offense you will need to discuss this possibility with your attorney
  • Effective October 31, 2010, for conviction for a super drunk driving offense (BAC of .17 or more), up to 180 days in jail and a fine of $200–$700. MCL 257.625(9)(a), as amended by 2008 PA 463 – This statute applies if you blood alcohol level was .17 or higher and has been commonly referred to as “super drunk”.  There are other consequences for this offense that include mandatory counseling.
  • Driver’s license suspension for 30 days, followed by license restrictions for 150 days. This penalty is very large for many people who rely upon their vehicle to drive during their employment. 

  • Six points added to driving record. This can add up quickly, especially if there was a refusal of the initial PBT or you have other points on your license previous to your Michigan DUI
  • Driver Responsibility Fee: $1,000 for 2 consecutive years for OWI.$500 for 2 consecutive years for OWPD. The responsibility fee can be made in payments but you need to make all arrangements that the State of Michigan. 

Michigan OWI Second Offense Penalties

Any time a client is facing a second offense DUI, there are serious consequences especially if the prior conviction occurred within the last 7 years. Even a prior that happened outside of the 7 years may have an affect on the trial judge and your sentencing hearing.

If this is your second violation within 7 years of preceding conviction:

  • Imprisonment for 5 days–1 year, with not less than 48 hours served consecutively – this is a mandatory jail sentence per the statute. In response to this, certain district courts have created “Sobriety Courts” where an individual MAY avoid further jail time. Weekend work alternatives are being used by some courts as well. 
  • a fine of $200–$1,000, and/or community service for 30–90 days;
  • permissive vehicle forfeiture; mandatory vehicle immobilization for 90–180 days if no forfeiture. MCL 257.625(9)(b), .904d(1)(c). If a defendant is imprisoned for the violation for which immobilization is ordered, the period of immobilization begins at the end of the period of imprisonment. MCL 257.904d(6). This can be a very harsh penalty as the court could forfeit the vehicle and take it from you. In addition, there is mandatory immobilization. 
  • Driver’s license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).  This is commonly called the “death penalty” for you license as the odds of getting your license back after the first year of revocation are small due to the onerous requirements placed on individuals at the Administrative Hearings Section of the Michigan Secretary of State.
  • License plate confiscation. 
  • 6 points added to the offender’s driving record. 
  • Driver Responsibility Fee of $1,000 for 2 consecutive years.

Michigan OWI Third Offense Felony Penalties

If a third violation occurs within your lifetime:

  • Imprisonment for 1–5 years or probation with jail imprisonment for 30 days–1 year, with not less than 48 hours served consecutively, and community service for 60–180 days;
  • a mandatory fine of $500–$5,000;
  • permissive vehicle forfeiture; mandatory vehicle immobilization for 1–3 years if no forfeiture. MCL 257.625(9)(c), (e), .904d(1)(d)  If a defendant is imprisoned for the violation for which immobilization is ordered, the period of immobilization begins at the end of the period of imprisonment. MCL 257.904d(6).
  • Driver’s license revocation and denial if there are 2 convictions within 7 years or 3 convictions within 10 years. The minimum period of revocation and denial is 1 year (minimum of 5 years if there was a prior revocation within 7 years).
  • License plate confiscation. 
  • Vehicle registration denial.
  • 6 points added to the offender’s driving record.
  • Driver Responsibility Fee of $1,000 for 2 consecutive years.

Michigan OWVI First Offense Penalties

If this is your first Operating While Visibly Impaired conviction:

  • Up to 93 days in jail,
  • a fine of up to $300, and/or community service up to 360 hours;
  • permissive vehicle immobilization up to 180 days. MCL 257.625(11)(a), .904d(1)(a). If a defendant is imprisoned for the violation for which immobilization is ordered, the period of immobilization begins at the end of the period of imprisonment. MCL 257.904d(6).
  • Driver’s license restrictions for 90 days (180 days if impaired by a controlled substance).
  • 4 points added to the offender’s driving record. 
  • Driver Responsibility Fee of $500 for 2 consecutive years.

Michigan OWVI Second Offense Penalties

If you have a second OWVI violation within 7 years of a preceding conviction:

  • Imprisonment for 5 days–1 year, with not less than 48 hours served consecutively,
  • a fine of $200–$1,000, and/or community service for 30–90 days;
  • permissive vehicle forfeiture; mandatory vehicle immobilization for 90–180 days if no forfeiture. MCL 257.625(9)(b), .904d(1)(c). If a defendant is imprisoned for the violation for which immobilization is ordered, the period of immobilization begins at the end of the period of imprisonment. MCL 257.904d(6).
  • Driver’s license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years). 
  • License plate confiscation. 

Michigan Zero Tolerance or Minor with a BAC Penalties

If this is your first Zero Tolerance conviction:

  • Community service for not more than 45 days and/or a fine of up to $250. MCL 257.625(12)(a). Effective September 30, 2003, the amount of community service is stated as 360 hours (equivalent to 45 days at 8 hours per day).
  • Driver’s license is restricted for 30 days.
  • 4 points are added to the offender’s driving record. 
  • Driver Responsibility Fee of $500 for 2 consecutive years.

If this is your second violation within 7 years of preceding conviction:

  • One or more of the following:
    • Up to a $500 fine.
    • Up to 60 days of community service.
    • Up to 93 days in jail.
  • Driver’s license suspension for 90 days.
  • If there is a prior drunk or drugged driving conviction, there is a driver license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years). 
  • 4 points are added to the offender’s driving record. 
  • Driver Responsibility Fee of $500 for 2 consecutive years.

 

Free Michigan DUI Consultation

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