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Criminal defense attorney Flint, Michigan

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Penalties for DUI Conviction

Michigan DUI defense attorney Michael P. Manley outlines consequences of a conviction

The penalties for a DUI conviction in Michigan can be severe. You can lose your driver's license, be fined thousands of dollars and even spend years in prison. The indirect impact of a conviction includes being barred from certain types of jobs and possibly losing your right to vote in political elections. When your freedom is at stake, it's important to take your DUI charge seriously from the start.

If you have been arrested for DUI (officially referred to as OWI in Michigan), attorney Michael P. Manley can work with you to make sure your case receives the attention it rightfully deserves. He has a comprehensive understanding of the law and aggressively defends clients in court. He has the case results to prove it. Even if you failed a DUI Test, you have legal options.

What are the penalties for a DUI conviction in Michigan?

The penalties for a DUI conviction vary widely depending on a number of factors. These include your Blood Alcohol Concentration (BAC) at the time of your arrest and your number of previous DUI convictions. You can find all the details about various penalties and legal options available by clicking on the links below:

Don't simply plead guilty to your OWI charge or try to represent yourself. You have too much at risk to leave your future to chance. Contact the Law Office of Michael P. Manley of Flint, Michigan.

Why should I hire attorney Manley if I'm charged with OWI in Michigan?

Attorney Manley understands that every case is unique. He knows that prosecutors sometimes overreach. Police sometimes make mistakes. Even if you admit you had too much to drink and drove, you shouldn't have to suffer for years. Michael P. Manley truly believes all people deserve a second chance and a knowledgeable attorney on their side, fighting for their rights.

A native of Flint, attorney Manley graduated at the top of his law school class and has consistently won major criminal cases in Michigan. Attorney Manley is a Board Certified Criminal Trial Expert, one of very few criminal defense lawyers in Central Michigan with that distinction. He is listed as a Michigan Super Lawyer (no more than 5 percent of the state’s lawyers are selected each year). He also has received the highest rating of 10 from the Avvo, a legal rating service.

As your lawyer, Michael P. Manley will carefully review your case and work with you to develop a rock-solid legal strategy designed to succeed. This approach frequently includes:

  • Carefully reviewing your arrest report and DUI test results for inconsistencies
  • Consulting with experts in the field on your case
  • Requesting a reduction in your sentence if applicable
  • Appealing your conviction if necessary

Our law firm leaves no stone unturned in pursuit of justice. Being a lawyer is more than just a job for Michael P. Manley. It's a passion, a commitment to excellence and to helping people get their lives back on track.

First Offense DUI

The penalties for the DUI (or OWI) convictions in Michigan vary. The main difference comes down to how much you had to drink before the arrest. If your Blood Alcohol Concentration (BAC) was .17 or higher, you will face stricter penalties than if you BAC was above .08 but less than .17.

The penalties for a first DUI conviction in Michigan include:

Operating While Visibly Impaired

(No BAC presumption)

Misdemeanor

  • up to 93 days in jail
  • fine of up to $300, plus court costs
  • up to 360 hours community service
  • 90 days restricted driver's license
  • 4 points on license
  • no plate confiscation
  • possible 180 day immobilization
  • $500 driver responsibility fee for two consecutive years

Operating While Intoxicated

(BAC 0.08 or higher)

Misdemeanor

  • up to 93 days in jail
  • fine of $100 to $500, plus court costs
  • up to 360 hours community service
  • 30 days suspended driver's license
  • 150 days restricted driver's license
  • 6 points on license
  • no plate confiscation
  • discretionary immobilization
  • Possible ignition interlock
  • $1,000 driver responsibility fee for two consecutive years

Operating While Intoxicated

(BAC 0.17 or higher)

Misdemeanor

  • up to 180 days in jail
  • fine of $200 to $700, plus court costs
  • up to 360 hours community service
  • 45-day license suspension
  • 320 days restricted driver's license with Ignition Interlock
  • 6 points on license
  • 1 year mandatory alcohol treatment
  • no plate confiscation
  • $1,000 driver responsibility fee for two consecutive years

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Second Offense DUI

The penalties for a second DUI conviction in Michigan within seven years are much harsher than the first DUI conviction. The following is a breakdown of second offense DUI penalties:

Operating While Visibly Impaired

(No BAC presumption)

(Within 7 years of first OWI conviction)

Misdemeanor

  • $200-$1000 fine, plus court costs, and
  • 5 days to 1 year in jail (45 hours must be served consecutively)
  • 30 to 90 days community service
  • Minimum 1 year driver's license revocation * (no restricted possible)
  • 4 points on license
  • Mandatory 90 - 180 day vehicle immobilization
  • Plate confiscation
  • Potential vehicle forfeiture
  • $1,000 driver responsibility fee for two consecutive years

Operating While Intoxicated

(BAC 0.08 or higher)

(Within 7 years of first OWI conviction)

Misdemeanor

  • $200-$1000 fine, plus court costs, and
  • 5 days to I year in jail (48 hours must be served consecutively)
  • 30 to 90 days community service
  • minimum 1 year driver's license revocation* (no restricted possible)
  • 6 points on license
  • mandatory 90 -180 day vehicle immobilization
  • plate confiscation
  • potential vehicle forfeiture
  • $1,000 driver responsibility fee for two consecutive years

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Third Offense DUI

If you are convicted of a third DUI offense during your lifetime, you will be a convicted felon. The difference between Misdemeanor and Felony convictions can be dramatic. Felony offenses carry very severe penalties. The penalties for a third DUI conviction include:

Operating While Visibly Impaired

(No BAC presumption)

(2 Prior OWI Convictions during lifetime)

Felony

  • $500-$5000 fine, plus court and other costs, AND either:
  • 1 to 5 years in prison OR 30 days to 1 year in jail, probation
  • 60-180 days community service
  • minimum 5 year ** driver's license revocation*
  • 4 points on license -mandatory 1-3 year vehicle immobilization unless forfeited
  • Plate confiscation
  • $500 driver responsibility fee for two years

Operating While Intoxicated

(BAC 0.08 or higher)

(2 Prior OWI Convictions during lifetime)

Felony

  • $500-$5,000 fine, plus court and other costs, AND either:
  • 1 to 5 years in prison OR 30 days to 1 year in jail, probation
  • 60-180 days community service
  • minimum 5 year** driver's license revocation*
  • 6 points on license
  • mandatory 1-3 year vehicle immobilization unless forfeited
  • plate confiscation
  • $1,000 driver responsibility fee for two years

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Appealing a License Revocation

If your driver’s license is revoked because of a DUI conviction in Michigan, you will not automatically get your driver’s license back after one year. In order to restore your driver's license, you must present a petition to the Driver Assessment and Appeal Division (DAAD/DLAD). A hearing with the DAAD will then be scheduled to evaluate that:

  • You no longer have problems with alcohol or substance abuse.
  • You are no longer at risk or are at low risk of repeating your abusive behavior.
  • You are no longer at risk or are at low risk regarding drunk driving.
  • You are able to and will drive safely, abiding by the law.

If your petition is denied, you will have to wait one more year before you can request another hearing before the DAAD. You may appeal the hearing officer's decision with the Circuit Court.

Seeking legal advice and assistance for driver's license restoration can be instrumental in getting your driver’s license back. With your future at stake, it’s critical to hire an experienced attorney who understands how the DAAD operates, knows what evidence is required, will fill out all the necessary paperwork and take other legal steps if needed to restore your driver’s license.

Attorney Manley has years of experience handling DUI appeal cases. That’s why his former clients highly recommend his services in dozens of testimonials. He knows how to get the job done right. If you need help, call (810) 238-0500 for a free case evaluation right now.

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* Driver’s license reinstatement is not automatic. A hearing must be held before the Driver Assessment and Appeal Division (DAAD/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.

** Revocation applies if drivers has 2 convictions within 7 years or 3 convictions within 10 year. Minimum revocation is 1 year. If there was a prior revocation within 7 years, the revocation will be 5 years.

† Driver Responsibility Fees are being phased out.