DUI (Driving Under the Influence) OWI (Operating While Intoxicated)
Under Michigan law, a first time DUI/OWI conviction carries possible penalties of a maximum sentence of $500.00 in fines in addition to the costs of prosecution, 93 days in jail and up to 180 hours of community service. For a second DUI/OWI offense, fines and court costs may go as high as $1000 and imprisonment up to a year. The third DUI/OWI becomes a felony offense. Fines increase up to $5,000 and imprisonment from one up to five years.
Drunk driving charges are further classified in separate categories based on circumstances, such as Operating While Impaired as compared to Operating While Intoxicated. Michigan Law states that a person can be convicted of Operating While Intoxicated with a blood alcohol content of .08 or above. There is no minimum threshold to be convicted of Operating While Impaired.
Not only a blemish on your record, a felony drunk driving charge can leave a lasting mark on your reputation, ability to work and negatively affect other areas of your life. Hiring an experienced and capable attorney, skilled in drunk driving law can make a significant difference in the outcome of your case. Attorney Michael P. Manley has successfully represented numerous DUI/OWI cases.
DUI / OWI PENALTY SHEET
|
|
|
Operating While
Impaired
(No BAC presumption)
|
Operating While
Intoxicated
( BAC .08 or higher)
|
|
1st Offense (no priors)
|
Misdemeanor
1 OR MORE:
- Up to 93 days in jail
- Fine of up to $300
- Up to 360 hours community service
- License sanctions: 90 days restricted
- 4 points on license
- $500 driver responsibility fee for two consecutive years
|
Misdemeanor
1 OR MORE:
- Up to 93 days in jail
- Fine of $100 to $500
- Up to 360 hours community service
- License sanctions: 30 days suspended/150 days restricted
- 6 points on license
- $1,000 driver responsibility fee for two consecutive years
|
|
2nd Offense (any priors within 7 years)
|
Misdemeanor
AND 1 OR MORE:
- 5 days to 1 year in jail
- 30 to 90 days community service
License sanctions: minimum 1 year revocation of license /no restriction is possible*
- 4 points on license
- $500 driver responsibility fee for two consecutive years
|
Misdemeanor
AND 1 OR MORE:
- 5 days to 1 year in jail
- 30 to 90 days community service
License sanctions: minimum 1 year revocation of license / no restriction possible*
- 6 points on license
- $1,000 driver responsibility fee for two consecutive years
|
|
3rd Offense (2 priors of any kind in past 10 years)
|
FELONY
AND either:
OR
- 30 days to 1 year in jail, probation and 60-180 days community service
License sanctions: minimum 1 to 5 year revocation*
- Mandatory 1 - 3 year vehicle immobilization
|
FELONY
AND either:
OR
- -30 days to 1 year in jail, probation and 60-180 days community service
License sanctions: minimum 1 to 5 year revocation*
- Mandatory 1 - 3 year vehicle immobilization
|
* NOTE: License reinstatement is not automatic. A hearing must be held before the Driver License Appeal Division (DLAD) to determine, among other things, if a driver’s substance abuse is under control and if the risk of the driver repeating past abuse behavior is low or minimal. You are allowed only one reinstatement hearing a year.
