Michigan OWI Penalties and Driver’s License Sanctions
The penalties for driving offenses involving drugs and alcohol are varied and can range from probation to prison time. No person facing a misdemeanor or felony substance or alcohol-related charge should face a judge alone or, worse yet, with an inferior lawyer.
Driver’s License Sanctions and Other Consequences
Michigan is one of the harshest states regarding driving offenses, driver’s license sanctions, and criminal charges related to operating vehicles. Judges and prosecutors take a tough stance on charges and penalties. Michigan’s legislature has empowered the Michigan Department of State to create driver’s license sanctions that even judges are powerless to change to make matters worse. A top, effective, and affordable defense lawyer can review your situation with you and advise you on the best strategy to avoid sanctions that could include the suspension or revocation of your driver’s license.
If there are multiple drunk or drugged driving convictions or a single High BAC conviction, the court must order the defendant to participate in and successfully complete a rehabilitation program. If there are two alcohol or drug-related driving convictions within seven (7) years or three within 10 years, the Michigan Department of State will indefinitely revoke the individual’s driver’s license. The driver can only have their license restored with an appeal to the Michigan Department of State. The appeal can be filed after one year of continuous sobriety.
Michigan’s Premier OWI Defense and License Restoration Lawyers
At LEWIS & DICKSTEIN, P.L.L.C., our attorneys hold the esteemed reputation of being the go-to defense and license restoration lawyers in Michigan, a recognition shared by judges, prosecutors, police officers, and fellow prominent defense lawyers alike. This distinction stems from our unparalleled commitment to defending individuals facing OWI/DUI charges and navigating Michigan’s complex OWI laws, driver’s license sanctions, and restoration procedures. Our highly effective team approach combines a profound understanding of the law with a tailored strategy to mitigate immediate legal consequences and facilitate the earlier possible restoration of driving privileges. Our team ensures that the firm’s clients receive the most vigorous and compelling defense possible through relentless advocacy, meticulous attention to detail, and strategic legal maneuvers. Our proven track record of achieving favorable outcomes, including reduced charges, dismissals, and successful license restorations, underscores why LEWIS & DICKSTEIN, P.L.L.C. is considered a leading authority in OWI and DUI defense and driver’s license restoration.
First Offense OWI, OWVI, and Drugged Driving
First-offense OWI, OWVI, and drug-related driving offenses carry the potential for jail, extensive probation, and driver’s license sanctions can severely impact the accused’s life if they do not have a proactive, robust, effective defense in and count of court.
Operating While Intoxicated (OWI) or Operating With Any Presence of a Schedule One Drug or Cocaine (OWPD)
- $100 to $500 fine and one or more of the following:
- Up to 93 days in jail.
- Up to 360 hours of community service.
- Driver’s license suspension for 30 days, followed by license restrictions for 150 days.
- Possible vehicle immobilization.
- Possible ignition interlock.
- Six (6) points driving record points.
High Blood Alcohol Content (BAC of .17 or higher). This is one of the operating while intoxicated crimes, but it has harsher consequences.
- One or more of the following:
- Up to 180 days in jail.
- $200 to $700 fine.
- Up to 360 hours of community service.
- Driver’s license suspension for one year. Eligible for restrictions after 45 days of suspension if an ignition interlock device is installed on all vehicles the offender owns or intends to operate.
- Possible metal license plate confiscation if the offender operates a vehicle without a properly installed ignition interlock device.
- Mandatory vehicle immobilization if the offense is subsequently convicted for operating a vehicle without a properly installed ignition interlock device.
- Six (6) points added to the offender’s driving record.
Operating While Visibly Impaired
- Up to a $300 fine and one or more of the following:
- Up to 93 days in jail.
- Up to 360 hours of community service.
- Driver’s license restrictions for 90 days (180 days if impaired by a controlled substance).
- Possible vehicle immobilization.
- Four (4) points added to the offender’s driving record.
Second Offense within Seven (7) Years (any combination)
A second charge of alcohol or drug-related driving will have increased penalties and license sanctions. Some examples include the following:
Operating While Intoxicated Second Offense
- $200 to $1000 fine and one or more of the following:
- Five (5) days to one year in jail.
- 30 to 90 days of community service
- Michigan driver’s license sanctions include revocation and denial for a minimum of one year (minimum of five (5) years if there was a prior revocation within seven (7) years).
- License plate confiscation.
- Vehicle immobilization for 90 to 180 days, unless the vehicle is forfeited.
- Possible vehicle forfeiture.
- Six (6) points added to the offender’s driving record.
Operating While Visibly Impaired Second Offense
- $200 to $1,000 fine and one or more of the following:
- Five (5) days to one year in jail.
- 30 to 90 days of community service.
- Driver’s license revocation and denial for a minimum of one year (minimum of five (5) years if there was a prior revocation within seven (7) years)
- License plate confiscation.
- Vehicle immobilization for 90 to 180 days unless the vehicle is forfeited.
- Possible vehicle forfeiture.
- Four (4) points added to the offender’s driving record.
Third Offense Within a Lifetime (any combination) is a Felony and has Severe Michigan Driver’s License Sanctions
A third or subsequent charge for an alcohol or drug-related offense within a person’s lifetime can be a felony punishable by years in prison or probation. Some examples include the following:
Operating While Intoxicated 3rd or Subsequent
- $500 to $5,000 fine and either of the following:
- One to five (5) years in prison or
- Up to five (5) years of probation, with 30 days to one year in jail.
- 60 to 180 days of community service.
- Driver’s license revocation and denial if there are two (2) convictions within seven (7) years or three (3) convictions within 10 years. The minimum period of revocation and denial is one year (a minimum of five (5) years if there was a prior revocation within seven (7) years).
- License plate confiscation.
- Vehicle immobilization for one to three (3) years, unless the vehicle is forfeited.
- Possible vehicle forfeiture.
- Vehicle registration denial.
- Six (6) points added to the offender’s driving record.
Operating While Visibly Impaired
- $500 to $5,000 fine and either of the following:
- One to five (5) years imprisonment
- Probation, with 30 days to one year in jail.
- 60 to 180 days of community service.
- Michigan driver’s license sanctions include revocation and denial if there are two (2) convictions within seven (7) years or three (3) convictions within 10 years. The minimum period of revocation and denial is one year (a minimum of five (5) years if there was a prior revocation within seven (7) years).
- License plate confiscation.
- Vehicle immobilization for one to three (3) years, unless the vehicle is forfeited.
- Possible vehicle forfeiture.
- Vehicle registration denial.
- Four (4) points added to the offender’s driving record.
OWI Causing Death or Serious Injury
Causing death or serious injury while operating while intoxicated or visibly impaired, operating with the presence of drugs or with a suspended, revoked or denied driver’s license is a felony. The possible punishment depends on whether the offense involves the following:
- Death: Up to 15 years imprisonment, a fine of $2,500 to $10,000, or both.
- Injury: Up to five (5) years imprisonment, a fine of $1,000 to $5,000, or both.
- Emergency Responder Death: Up to 20 years imprisonment, a fine of $2,500 to $10,000, or both.
- Michigan driver’s license sanction includes license revocation and denial for a minimum of one year (minimum of five (5) years if there was a prior revocation within seven (7) years).
- License plate confiscation.
- Vehicle immobilization for up to 180 days, unless the vehicle is forfeited.
- Possible vehicle forfeiture.
- Six (6) points added to the offender’s driving record.
Open Intoxicants in a Motor Vehicle – Michigan Driver’s License Sanctions
- Up to a $100 fine.
- A maximum of 90 days in jail, community service, and a substance abuse program.
- Second offense – Driver’s license is suspended for 30 days, followed by restrictions for 60 days.
- Third offense – Driver’s license is suspended for 60 days, followed by restrictions for 305 days.
- Alcohol screening may be required.
- Two (2) points added to the offender’s driving record.
Driver’s License Sanctions for Drivers Under Age 21 (Zero Tolerance Offenses)
Michigan has many driving laws that target minors accused of opening vehicles while intoxicated. Because minors cannot possess or consume alcohol, criminal and license sanctions are triggered by a law BAC threshold.
First Offense
- Up to a $250 fine, up to 360 hours of community service, or both.
- Driver’s license is restricted for 30 days.
- Four (4) points are added to the offender’s driving record.
Second Offense with Seven (7) years
- One or more of the following:
- Up to a $500 fine.
- Up to 60 days of community service.
- Up to 93 days in jail.
- Driver’s license suspension for 90 days. If there is a prior drunk or drugged driving conviction, there is a driver’s license revocation and denial for a minimum of one year (minimum of five (5) years if there was a prior revocation within seven (7) years).
- Four (4) points are added to the offender’s driving record.
Person Under 21 Purchase/Consume/Possess Alcohol
- First offense – $100 fine. No driver’s license sanction.
- Second offense – $200 fine. Driver’s license is suspended for 30 days and restricted for 60 days.
- Third offense – $500 fine. Driver’s license is suspended for 60 days and restricted for 305 days.
- Alcohol screening may be required.
- Community service may be required.
Person Under 21 Transporting or Possessing Alcohol in a Motor Vehicle
- Up to a $100 fine.
- Driver’s license sanctions:
- First offense – No driver’s license sanction.
- Second offense – Driver’s license suspension for 30 days and restriction for 60 days.
- Third offense – Driver’s license suspension for 60 days and restriction for 305 days.
- Alcohol screening may be required.
- Community service may be required.
- Vehicle may be impounded for up to 30 days.
- Two (2) points are added to the offender’s driving record.
Using Fraudulent ID to Purchase Alcohol
- Up to a $100 fine, up to 93 days in jail, or both.
- Driver’s license is suspended for 90 days.
- Alcohol screening may be required.
Driving While License Suspended, Revoked, or Denied – Michigan Driver’s License Sanctions
First Offense
- Up to a $500 fine, up to 93 days in jail, or both.
- Mandatory additional license sanction.
- Two (2) points added to the offender’s driving record.
Second Offense
- Up to a $1,000 fine, up to one year in jail, or both.
- Mandatory additional license sanction.
- Vehicle may be immobilized for up to 180 days.
- Two (2) points added to the offender’s driving record.
Third Offense
- Up to a $1,000 fine, or up to one year in jail, or both.
- Mandatory additional license sanction.
- Two (2) points added to the offender’s driving record.
- If there are two (2) prior convictions within seven (7) years, there are additional consequences:
- License plate confiscation.
- Vehicle immobilization for 90 to 180 days.
Fourth Offense
- Up to a $1,000 fine, or up to one year in jail, or both.
- Mandatory additional license sanction.
- Two (2) points added to the offender’s driving record.
- If there are three (3) prior convictions within seven (7) years, there are additional consequences:
- License plate confiscation.
- Vehicle immobilization for 90 to 180 days.
Fifth Offense
- Up to a $1,000 fine, or up to one year in jail, or both.
- Mandatory additional license sanction.
- Two (2) points added to the offender’s driving record.
- If there are four (4) prior convictions within seven (7) years, there are additional consequences:
- License plate confiscation.
- Vehicle immobilization for one to three (3) years.
Attorneys Who Can Defend Against Michigan Driver’s License Sanctions and Criminal Charges
The OWI/DUI defense attorneys with LEWIS & DICKSTEIN, P.L.L.C. have decades of experience successfully defending clients on OWI, DUI, OWPD, and other similar charges. Also, we have a stellar reputation for successfully representing clients in driver’s license restoration cases. Don’t trust your fate with the lowest bidder. If you want your best chance of winning, you will want lawyers who specialize in these matters by your side. Call us for a free consultation. We will take the time to talk with you, discuss your options, and answer all of your questions. We will find a way to help you.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
