Michigan DUI Laws
If you have been charged with operating a vehicle while intoxicated (OWI, also known as DUI or DWI in other states) in the State of Michigan, you are strongly encouraged to retain a good Michigan DUI lawyer right away. Your driving privileges and freedoms are in jeopardy. A permanent record can impact your family and your career for many years down the line. With so much at stake, you need an attorney who will mount the best possible defense against the charges.
Michigan OWI punishments are harsher than ever before. An OWI sentence may include jail, community service, vehicle immobilization, ignition interlock and points on your driving record. Under Michigan's newly enacted "super drunk" law, first time offenders with a body alcohol content (BAC) exceeding .17 percent are subject to enhanced punishments and license sanctions, and must undergo one year of alcohol rehabilitation. A Michigan OWI attorney can further explain the range of penalties under the law.
Defending an OWI charge requires an in-depth understanding of the scientific and legal issues that apply to OWI cases. Expert representation can make the difference between an acquittal and a conviction. Help safeguard your future by calling an attorney today.
Michigan DUI/DWI (OWI) Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Michigan BAC laws may differ from those of other states, as follows.
Michigan BAC Laws | |
Per Se Violation | BAC of: .08 to .169 |
Enhanced Penalty | .17 or higher |
"Zero Tolerance" (BAC for Someone Under 21) | .02 or higher |
Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
Implied Consent to Submit to a BAC Test |
|
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
First DUI/DWI Offense - Per Se Violation (.08 to .169) | |
License Suspension | 180 days (may have restricted license) |
Prison Term and Community Service | Up to 93 days in jail; up to 360 hours community service |
Fines, Fees, and Surcharges | Approx. $100 to $500 or higher** |
Vehicle Penalties |
|
Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
First DUI/DWI Offense - Enhanced Penalty (.17 or higher) | |
License Suspension | 1 year (may have restricted license) |
Prison Term and Community Service | Up to 180 days in jail; up to 360 hours community service |
Fines, Fees, and Surcharges | Approx. $200 to $700 or higher** |
Vehicle Penalties |
|
Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol education program |
Second DUI/DWI Offense - Per Se Violation (.08 to .169) | |
License Suspension | At least 1 year (may have restricted license) |
Prison Term and Community Service | 5 days to 1 year in jail; 30 to 90 days community service |
Fines, Fees, and Surcharges | Approx. $200 to $1,000 or higher** |
Vehicle Penalties |
|
Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol education program |
Third DUI/DWI Offense - Per Se Violation (.08 to .169) | |
License Suspension | At least 1 year (may have restricted license) |
Prison Term and Community Service | At least 30 days to 5 years in jail; 60 to 180 days community service |
Fines, Fees, and Surcharges | Approx. $500 to $5,000 or higher** |
Vehicle Penalties |
|
Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol education program |
Aggravating Factors that Can Alter DUI/DWI Penalties*** |
Vehicular Manslaughter |
Driving with Children in the Car |
Higher BAC (above the enhanced penalty) |
Zero Tolerance DUI/DWI |
Driving while Under the Influence of Drugs |
Out-of-State DUI/DWI Convictions |
Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, State of Michigan (www.michigan.gov)