Michigan DUI List of Offenses and Penalties
First Michigan DUI Offense
- 1st Drunk Driving Conviction
- Jail – Up to 93 Days
- License Suspension – Up to 6 Months
- License Suspension - Eligible for Restricted License after 30 Days
- License Points - 6
- Fine – From $100 to $500
- Fine - $1,000 Driver Responsibility Fee for 2 Years
Other Possibilities
- Community Service – Up to 360 Hours
- Ignition Interlock
- Vehicle Immobilization
2nd Michigan DUI Offense
- Second Drunk Driving Conviction
- Jail – From 5 Days to 1 Year
- License Suspension – Minimum of 1 Year
- License Points – 6
- License Plate Confiscation
- Vehicle Immobilization – From 90 to 180 Days (Unless Vehicle is Forfeited)
- Fine – From $200 to $1,000
- Fine - $1,000 Driver Responsibility Fee for 2 Years
- Ignition Interlock Device
- Community Service – From 30 to 90 Days
3rd Michigan DUI Offense
- Third Drunk Driving Conviction
- Felony Offense
- Jail – Probation With 30 Days to 1 Year
- Imprisonment– From 1 to 5 Years
- License Suspension – Minimum of 1 Year
- License Points – 6
- License Plate Confiscation
- Vehicle Immobilization – From 90 to 180 Days (Unless Vehicle is Forfeited)
- Ignition Interlock Device
- Fine – From $200 to $1,000
- Fine - $1,000 Driver Responsibility Fee for 2 Years
- Community Service – From 60 to 180 Days
Drinking and Driving Laws in Michigan
The drunk driving law in the State of Michigan makes it illegal to drive with a .08 percentage blood alcohol concentration (BAC) or above. The .08 limit is the standard measure of the "impaired" driver across the United States. Michigan has lower BAC limits for drivers under the age of 21 and commercial drivers. In addition to Michigan's OWI (Operating While Intoxicated) law, Michigan has another law called the OWVI (Operating While Visibly Impaired ) law. This law means that because drugs or alcohol (or both) are in your body, that your ability to drive was visibly impaired. Operating a motor vehicle with any amount of a Schedule 1 drug (Cocaine, Barbiturates etc.) is illegal under Michigan's OWVI law.
How many drinks does it take to reach the legal limit in Michigan?
This question is often asked by people who want to know how many drinks they can have before they are considered legally drunk. There are calculators and charts that will give you some idea of how close you are to reaching the legal limit, however these devices are reference tools, and should not be used to determine if you are sober enough to drive.
The best answer is not to drink and drive . The State of Michigan has strict laws for drunk driving, and when you drink and drive in Michigan, you risk your freedom, finances and your future.
Drunk Driving Laws in Michigan
State of Michigan BAC Laws:
All drivers with a BAC of .08 or higher.
Under 21 with a BAC of .02 or higher.
Commercial Vehicle Driver with a BAC of .04 or higher.
The first time you receive a OWI (Operating While Intoxicated) conviction you will be fined from $100-$500 and serve up to 93 days in jail. You may also be sentenced to 360 hours of community service. Your drivers license will be suspended for 30 days, followed by driving restrictions for an additional 150 days. Other possibilities include vehicle immobilization and the installation of an ignition interlock device at the owners expense. You will also have to pay a $1,000 "Driver Responsibility" fee for 2 years.
Your second drunk driving conviction in the State of Michigan will cost you between $200 and $1,000. You will also be sentenced between 5 days and 1 year in jail and from 30-90 days of community service. Your drivers license will be revoked for a period of one year and your license plate will be confiscated. Your vehicle will either be forfeited or immobilized for 90 to 180 days. You will also have to pay a $1,000 "Driver Responsibility" fee for 2 years.
A third drunk driving offense in Michigan is a felony. You will be fined from $500-$5,000 and be sentenced to 1-5 years in jail and/or 60-180 days of community service. Your drivers license will be revoked for a minimum of 5 years and your license plate will be confiscated. Your vehicle will be immobilized for 1-3 years or forfeited. You will be unable to register a motor vehicle and you will need to pay a $1,000 driver responsibility fee for 2 years.
The Implied Consent Law in Michigan
Like many states, Michigan's implied consent law deems that all drivers agree to submit to a chemical test of their Blood, Breath or Urine if you are arrested for driving under the influence of drugs or alcohol. The first time you refuse this test, your drivers license will be suspended for a period of 1 year and you will have 6 points added to your driving record. A second refusal within 7 years of the first, and your license to drive will be suspended for 2 years. There are no hardship appeals for a restricted license on your second refusal in the State of Michigan.
State of Michigan Website - More DUI Information
Do I really need a DUI Attorney?
This question is frequently asked by drivers that have recently been arrested for drunk driving. The answer to this question will vary depending on your personal situation; however hiring an experienced DUI attorney is never a bad idea, especially if you are a repeat offender.
If this is your first DUI and there were no additional or aggravating circumstances such as reckless driving, DUI with a minor in the vehicle or extremely high blood alcohol content (BAC) you could get by without a DUI attorney.
But before you make that decision, get acquainted with the DUI / DWI laws, penalties and fines in your state to make an informed decision.
Keep in mind that a DUI attorney may have information that you have not considered because of your limited experience with the laws in your state and this information may help your case and impact the fines or jail time that you may receive.
If this is not your first DUI / DWI, hire a DUI attorney, don't go through it alone.
Even if you think you can't afford it, most DUI attorneys will work with you and may offer credit, payment plans or discounts.
Repeat offenders face higher penalties and jail time and the bottom line is you may not be able to afford not to hire a DUI attorney.
Finding a DUI Attorney - Things to Consider
Find a DUI attorney that specializes in the DUI / DWI laws in your state. Remember that an attorney that defends DUI / DWI exclusively knows the court system and how to best represent your individual case in a court of law.
Shop around, don't be afraid to call around in your local area and compare pricing.
Remember to stay focused on DUI attorneys that specialize in defending DUI / DWI cases, these are the experienced attorneys you want defending your case.
Schedule an initial consultation with DUI attorney; this is often free of charge.
A preliminary meeting with your DUI attorney will help you decide if you want to work with them and will also give you a good idea of what to expect when your case goes to court.
Ask the DUI attorney for the up front and total cost for representation. Is there anything else that may occur during the court hearing that would increase the price of representation?
Ask about credit, financing and payment options.
Finally, meet with at least 2 DUI attorneys before making your final decision.
This gives you 2 opinions, 2 price quotes and also gives you the opportunity to find an attorney that you feel comfortable with.
Making an Informed Decision
The Internet is full of advice for people in trouble, if you are considering learning about the DUI / DWI laws in your state always double check the information that you read by checking the "Official" website for the State that you live in.
If your DUI attorney specializes in defending DUI / DWI cases the chances are good that they are up to date on the new laws, penalties and fines in your state, but if you are in doubt you can always check your State's website to verify legal information.
If you want to talk to a real person, most official state website's have a phone number that you call to find information on the DUI / DWI penalties in your state.
Other references such as your local department of motor vehicles, police department, sheriff or state trooper office are also great resources for either finding or verifying information regarding the drunk driving laws, penalties and fines in your state.
