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Most people in Michigan are charged with Operating While Intoxicated (OWI) as a first offense. This charge can include Unlawful Bodily Alcohol Level – UBAL which means the prosecutor simply has to prove beyond a reasonable doubt that your blood alcohol level was .08 or higher at the time of the driving. This makes it much easier for them as they do not have to prove bad driving. It makes challenging the testing done in the case even that more important.
Michigan DUI First Offense Consequences
The penalties for a first offense drunk driving conviction in Michigan are harsh. While it may be rare for individuals to see any additional jail time if convicted, this will really depend upon your individual driving record and history of ANY alcohol offenses. This can include any juvenile offenses for Minor in Possession of Alcohol and could even include diversion programs that have been successfully completed. Remember that the district court judges have a large range of discretion at sentencing and an OWI conviction carries with it a maximum possible jail sentence of 93 days.
If you are convicted you face the following maximum penalties:
- Up to 93 days in jail
- a fine of $100–$500, and/or community service up to 360 hours
- 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)
- 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
- Driver’s license suspension for 30 days, followed by license restrictions for 150 daysSix points added to driving record.
- Driver Responsibility Fee: $1,000 for 2 consecutive years for OWI.$500 for 2 consecutive years for OWPD