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DUI Defense Attorney | DUI Defense Lawyer

Michigan DUI Penalties | Consequences of Drunk Driving in Michigan : Jail Time, Fines, License Suspension

 

Operating While Intoxicated (OWI) vs Operating While Visibly Impaired (OWVI):

In Michigan, OWI and OWVI are two different charges. Both charges refer to operating a vehicle while under the influence of alcohol or drugs. The difference between the two charges is BAC level. In order to be charged with the more serious OWI requires a BAC of .08% or more. There is no BAC requirement for the charge of OWVI. 

First Michigan OUI:

• Imprisonment: Up to 93 days
• Fines: $100 - $500 + $1,000 Drivers Responsibility Fee
• Driver's License Suspension: 180 days
• Ignition Interlock Device: Installation may be ordered during probation
• Community Service: 360 hours
• 6 points on driver's license

First Michigan OWVI:

• Imprisonment: Up to 93 days
• Fines: $300 + $500 Drivers Responsibility Fee
• Driving Restriction (may restrict hours or destinations of defendant's travel): 90 days
• Community Service: 360 hours
• 4 Points on driver's license

Second Michigan OWI:

• Imprisonment: 5 days - 1 year
• Fines: $200 - $1,000+ $1,000 annual Drivers Responsibility Fee for 2 years 
• Driver's License Revocation: 1 year
• Ignition Interlock Device: Installation may be ordered during probation
• Vehicle Seizure: Possible. If vehicle is not taken, defendant will lose use of it for 90-180 days
• Community Service: 30 - 90 days
• 6 Points on driver's license

Second Michigan OWVI: 

• Imprisonment: 5 days - 1 year
• Fines: $200 - $1,000 + $500 annual Drivers Responsibility Fee for 2 years
• Driver's License Revocation: 1 year
• Vehicle Seizure: Possible. If vehicle is not taken, defendant will lose use of it for 90-180 days
• Community Service: 30 - 90 days
• 4 Points on driver's license

Third Michigan OWI (Felony): 

• Imprisonment: 1 to 5 years. Probation with Jail: not less than 30 days nor more than 1 year.
• Fines: $500 - $5,000 + $1,000 annual Drivers Responsibility Fee for 2 years
• Driver's License Revocation: Minimum 5 years 
• Ignition Interlock Device: Installation may be ordered during probation
• Vehicle Seizure: Possible. If vehicle is not taken, defendant will lose use of it for 1 - 3 years
• Community Service: 60 - 180 days
• 6 points on driver's license

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Michigan DUI Laws - Relevant Statutes

Michigan Compiled Laws

Chapter 257 Motor Vehicles

• Chapter III Operator's and Chauffeur's License
  • 257.319b. Suspension of vehicle group designations; grounds; period of suspension; application
  • 257.320a. Point formula; review of driving record; suspension or denial of license; commission of violation in another state
  • 257.323c. Restricted license; issuance, conditions
• Chapter VI Obedience to and Effect of Traffic Laws
  • Driving While Intoxicated, and Reckless Driving
    • 257.625 Offenses involving operation of vehicle while under influence of alcoholic liquor or controlled substance or visibly impaired due to consumption of alcoholic liquor or controlled substance; punishment generally; use or prior convictions for enhancement of punishment; plea of guilty or nolo contendere; special verdict; records; burden of proof; probation conditions
    • 257.625a Operation of vehicle under influence of alcoholic liquor or controlled substance; warrantless arrest; preliminary chemical breath analysis; chemical tests and analysis of blood, urine or breath; admissibility in evidence of test results or refusal to submit to tests; furnishing of test results to person charged
    • 257.625b Misdemeanor violations, arraignment; pretrial conference; time limits, exceptions; adjudication, dismissal; sentencing, screening and assessment
    • 257.625c Implied consent to chemical tests or withdrawal of blood; administration of tests
    • 257.625d Refusal to submit to chemical tests; report
    • 257.625e Refusal to submit to chemical tests; written notice by officer, form; request for hearing
    • 257.625f Failure to request a hearing for refusal to submit to chemical test, sanctions; hearing; sanctions upon not prevailing; review upon prevailing; notice of suspension or denial
    • 257.625g Duties of peace officer upon refusal of person to submit to chemical test or upon receipt of test results revealing unlawful alcohol content; duration of temporary license or permit
    • 257.625h Drunk driving prevention equipment and training fund; drunk driving caseflow assistance fund
    • 257.625k Breath alcohol ignition interlock devices; approval and certification; offenses and penalties
    • 257.625l Ignition interlock device; warning label; offenses and penalties; impoundment of vehicles; registrations; liability of state, officers, employees, or agents for damages resulting from devices; insurance requirements for sale, installation, etc., of devices; servicing and installation of devices
    • 257.625m Operation of commercial motor vehicle by person with alcohol content above specified level; warrantless arrest; penalties
    • 257.625n Penalties for violations of
    • 257.625o Ignition interlock device; bond requirements
• Chapter VIII Penalties

 

 

The skilled Michigan DUI lawyers on this site can help you with all aspects of your drunk driving arrest including: further information on DUI penalties, fines, and consequences, administrative driver's license suspension or revocation, Under 21 DUI Drunk Driving and Zero Tolerance Laws, SR-22 insurance, DUI School, Mothers Against Drunk Driving (MADD) Victim Impact Panels, how to beat a DUI, Ignition Interlock Devices, SCRAM Continuous Alcohol Monitoring Device, DUI Expungement, DUI Diversion, Community Service, and all other issues surrounding your Michigan Drunk Driving DUI Arrest.

Michigan DUI Attorneys can help fight for your Rights following a DUI arrest in Ann Arbor, Battle Creek, Bloomfield, Canton, Clinton, Dearborn, Dearborn Heights, Detroit, Farmington Hills, Flint, Grand Rapids, Kalamazoo, Kentwood, Lansing, Livonia, Midland, Muskegon, Novi, Pontiac, Portage, Redford, Rochester Hills, Roseville, Royal Oak, Saginaw, Saint Clair Shores, Shelby, Southfield, Sterling Heights, Taylor, Troy, Warren, Waterford, West Bloomfield, Westland, Wyoming, or anywhere else in Michigan.