Drunk Driving/Drinking and Driving Penalties
Operating While Intoxicated- OWI/ DUI/ DWI or Operating While Intoxicated-Drugs OWID/OWPD
First Offense
Up to 93 days in jail
$500 fine
360 hours of community service
30 day suspension of drivers license, followed by restrictions for 150 days
Vehicle immobilization
Ignition interlock on defendants automobile
Six points on driver record
$1,000 Driver Responsibility fee to the Secretary of State for two consecutive years for OWI
In patient/ out patient alcohol treatment
Random drug/ alcohol testing
Daily alcohol testing
Reporting or non-reporting probation
Second Offense (within 7 years)
• Five days to One year in jail
• Up to a $1,000 Fine
• 30 to 90 days Community Service
• Driver license denial/revocation for a minimum of one year
• License plate confiscated
• Vehicle immobilization- 90 to 180 days unless vehicle is forfeited
• Possible vehicle forfeiture
• 6 points on driver record
• $1,000 Driver Responsibility fee for two consecutive years
• $500 to $5,000 fine
• One to five years imprisonment
• Probation with 30 days to 1 year in jail
• 60 to 180 days community service
• Driver license denial/revocation for a minimum of five years
• License plate confiscated
• Vehicle immobilization- one to three years unless vehicle is forfeited
• Possible vehicle forfeiture
• Six points on driver record
• $1,000 Driver Responsibility fee for two consecutive year
Operating While Visibly Impaired – OWVI
First Offense
• Up to a $300 fine
• Up to 93 days in jail
• Up to 360 hours of community service
• Driver license restriction for 90 days (180 days if impaired by controlled substance)
• Possible vehicle immobilization
• Four points on driver record
• $500 Driver Responsibility fee for two consecutive years
Second Offense (within 7 years)
• $200 to $1,000 fine
• Five days to one year in jail
• 30 to 90 days of community service
• Driver license denial/revocation for a minimum of 1 year
• License plate confiscated
• Vehicle immobilization- 90 to 180 day unless vehicle is forfeited
• Possible vehicle forfeiture
• 4 points on driver record
• $500 Driver Responsibility fee for two consecutive years
Third Offense- within lifetime (felony)
• $500 to $5,000 fine
• 1 to 5 years imprisonment
• Probation with 30 days to 1 year in jail
• 60 to 180 days community service
• Driver license denial/ Revocation for a minimum of 5 years
• License plate confiscated
• Vehicle immobilization- 1 to 3 years unless vehicle is forfeited
• Possible vehicle forfeiture
• Registration denial
• Four points on driver record
• $500 Driver Responsibility fee for two consecutive years
Operating While Intoxicated- Minor (Zero Tolerance)
First Offense
• Up to a $250 fine
• Up to 360 hours community service
• Driver license restricted for 30 days
• 4 points on driver record
• $500 Driver Responsibility fee for 2 consecutive years
Second Offense
• Up to a $500 fine
• Up to 60 days community service
• Up to 93 days in jail
• Driver license suspension 90 days- any prior drunk driving conviction results in a minimum one-year driver license revocation
• Four points on driver record
• $500 Driver Responsibility fee for 2 consecutive years
Operating While Intoxicated- Causing Serious Injury or Death (OWI/DWI/DUI/OWVI/OWPD/OWID/DWLS)
First Offense - OWI/OWVI/OWPD/DWLS Causing Death/ Serious Injuryβ¨
Death - Up to 15 years imprisonment and/or $2,500 to $10,000 fine.β¨
Injury - Up to 5 years imprisonment and/or $1,000 to $5,000 fine.β¨
Emergency Responder Death - Up to 20 years imprisonment and/or $2,500 to $10,000 fine.
And…
• Drivers license denial/revocation for minimum of one year
• License plate confiscation
• Vehicle immobilization up to 180 days, unless forfeited
• Possible vehicle forfeiture
• $1,000 Driver Responsibility fee for 2 consecutive years
Second Offense-OWI/OWVI/OWPD/DWLS Causing Death/ Serious Injury
Death-Up to 15 years imprisonment and/or $2,500 to $10,000 fine.β¨
Injury- Up to 5 years imprisonment and/or $1,000 to $5,000 fine.β¨
Emergency Responder Death- Up to 20 years imprisonment and/or $2,500 to $10,000 fine.
And...
• Drivers licenses denial/revocation for minimum of five years
• License plates confiscation
• Vehicle immobilization 90 to 180 days unless forfeited
• Possible vehicle forfeiture
• $1,000 Driver Responsibility fee for 2 consecutive years
Open Intoxicant
• Up to a $100 fine
First Offense - No actions taken against Driver Licenseβ¨
Second Offense - Driver license suspended for 30 days/ restricted for 60 days.β¨
Third Offense - Driver license suspended for 60 days/ restricted for 305 days. Alcohol screening may be required. Two points on driver record.
High BAC Drunk Driving Law – Super Drunk Driving
The Michigan Super Drunk operating while intoxicated offense provides for increased criminal and driver’s license sanctions. This offense is charged when the breath or blood alcohol level is .17 or more (normal limit is .08).
Those convicted of Super Drunk Driving could face:
• Up to 180 days in jail (increased from 93 days)
• Fine of $200 but no more than $700 (increased from $100 but not more than $500)
• 1 year license suspension with restrictions permitted after 45 days (increased from 6 months suspension with restrictions permitted after 30 days)
• Up to 360 days community service
• Cost of prosecution
• Immobilization not exceeding 180 days allowed
• 6 points on driving record
• Mandatory alcohol treatment program or self-help for a period of not less than 1 year
Aggressive OWI Defense
Michigan OWI defense is complex and technical. Skilled and successful OWI attorneys will tell you that defending an OWI case is sometimes more difficult than defending a homicide. Do not leave your defense to chance, simply plead guilty or trust your case to the lowest bidder. Contact an OWI defense lawyer with advanced legal and scientific knowledge and who knows the Michigan court system, Michigan judges and Michigan prosecutors. The OWI lawyers with LEWIS & DICKSTEIN, P.L.L.C. are aggressive, resourceful, creative and passionate about our clients and their cases. We will turn over every rock and explore every loophole to find a way to get an advantage for our clients. Their problems are our problems.
FREE CONSULTATION
Don't trust your Michigan OWI case to an amateur or a general-practice lawyer - take advantage of our years of experience, trial work and legal expertise with OWI laws. Do not wait. Please contact the law firm today at (248) 263-6800 for a free consultation or click here. We approach each and every case with the care and attention you expect and deserve.
