Michigan Driver’s License Sanctions and Possible Sentences

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.  The attorneys with LEWIS & DICKSTEIN, P.L.L.C. are widely considered to be among the top criminal defense lawyers in Michigan.  If you are charged with one of the following offenses, please do not hesitate to call us at (248) 263-6800 for a Free Consultation or kindly complete a Request for Assistance Form and a highly qualified, experienced attorney will promptly contact you.

 

Driver’s License Sanctions and Other Consequences

As indicated above, 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.

First Offense:

Operating While Intoxicated (OWI) or Operating With Any Presence of a Schedule 1 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 points added to driving record.
  • Driver Responsibility Fee:
    • $1,000 for 2 consecutive years for OWI.
    • $500 for 2 consecutive years for OWPD.
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 1 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.
  • 6 points added to the offender’s driving record.
  • Driver Responsibility Fee of $1000 for 2 consecutive years.
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.
  • 4 points added to the offender’s driving record.
  • Driver Responsibility Fee of $500 for 2 consecutive years.

Second Offense within 7 Years (any combination):

Operating While Intoxicated
  • $200 to $1000 fine, and one or more of the following:
    • 5 days to 1 year in jail.
    • 30 to 90 days of community service
  • Driver’s license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
  • License plate confiscation.
  • Vehicle immobilization for 90 to 180 days, unless the vehicle is forfeited.
  • Possible vehicle forfeiture.
  • 6 points added to the offender’s driving record.
  • Driver Responsibility Fee of $1,000 for 2 consecutive years.
Operating While Visibly Impaired
  • $200 to $1,000 fine, and one or more of the following:
    • 5 days to 1 year in jail.
    • 30 to 90 days of community service.
  • Driver’s license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
  • License plate confiscation.
  • Vehicle immobilization for 90 to 180 days unless the vehicle is forfeited.
  • Possible vehicle forfeiture.
  • 4 points added to the offender’s driving record.
  • Driver Responsibility Fee of $500 for 2 consecutive years.

Third Offense Within Lifetime (any combination) is a Felony

Operating While Intoxicated
  • $500 to $5,000 fine, and either of the following:
    • 1 to 5 years imprisonment
    • Probation, with 30 days to 1 year in jail.
  • 60 to 180 days community service.
  • Driver’s license revocation and denial if there are 2 convictions within 7 years or 3 convictions within 10 years. The minimum period of revocation and denial is 1 year (minimum of 5 years if there was a prior revocation within 7 years).
  • License plate confiscation.
  • Vehicle immobilization for 1 to 3 years, unless the vehicle is forfeited.
  • Possible vehicle forfeiture.
  • Vehicle registration denial.
  • 6 points added to the offender’s driving record.
  • Driver Responsibility Fee of $1,000 for 2 consecutive years.
Operating While Visibly Impaired
  • $500 to $5,000 fine, and either of the following:
    • 1 to 5 years imprisonment
    • Probation, with 30 days to 1 year in jail.
  • 60 to 180 days community service.
  • Driver’s license revocation and denial if there are 2 convictions within 7 years or 3 convictions within 10 years. The minimum period of revocation and denial is 1 year (minimum of 5 years if there was a prior revocation within 7 years).
  • License plate confiscation.
  • Vehicle immobilization for 1 to 3 years, unless the vehicle is forfeited.
  • Possible vehicle forfeiture.
  • Vehicle registration denial.
  • 4 points added to the offender’s driving record.
  • Driver Responsibility Fee of $500 for 2 consecutive years.

 

Causing Death or Serious Injury if Operating While Intoxicated, Operating While Visibly Impaired, Operating with Any Presence of Drugs, or Operating While License Suspended, Revoked or Denied (First Offense) These crimes are felonies.
  • Death — Up to 15 years imprisonment, or a fine of $2,500 to $10,000, or both.
  • Injury — Up to 5 years imprisonment, or a fine of $1,000 to $5,000, or both.
  • Emergency Responder Death —  Up to 20 years imprisonment, or a fine of $2,500 to $10,000, or both.
  • Driver’s license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
  • License plate confiscation.
  • Vehicle immobilization for up to 180 days, unless the vehicle is forfeited.
  • Possible vehicle forfeiture.
  • 6 points added to the offender’s driving record.
  • Driver Responsibility Fee of $1,000 for 2 consecutive years.
Causing Death or Serious Injury if Operating While Intoxicated, Operating While Visibly Impaired, Operating with Any Presence of Drugs, or Operating While License Suspended, Revoked or Denied (Second Offense within 7 years) These crimes are felonies.
  • Death — Up to 15 years imprisonment, or a fine of $2,500 to $10,000, or both.
  • Injury — Up to 5 years imprisonment, or a fine of $1,000 to $5,000, or both.
  • Emergency Responder Death —  Up to 20 years imprisonment, or a fine of $2,500 to $10,000, or both.
  • Driver’s license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
  • License plate confiscation.
  • Vehicle immobilization for up to 180 days, unless the vehicle is forfeited.
  • Possible vehicle forfeiture.
  • 6 points added to the offender’s driving record.
  • Driver Responsibility Fee of $1,000 for 2 consecutive years.
Open Intoxicants in a Motor Vehicle
  • Up to a $100 fine.
  • First offense —  No action taken against driver’s license.
  • 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.
  • points added to the offender’s driving record.

Driver’s License Sanctions for Drivers Under Age 21

Zero Tolerance (under age 21)
First Offense
  • Up to a $250 fine, or up to 360 hours of community service, or both.
  • Driver’s license is restricted for 30 days.
  • 4 points are added to the offender’s driving record.
  • Driver Responsibility Fee of $500 for 2 consecutive years.
Second Offense with 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 license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
  • 4 points are added to the offender’s driving record.
  • Driver Responsibility Fee of $500 for 2 consecutive years.

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.
  • 2 points are added to the offender’s driving record.

Using Fraudulent ID to Purchase Alcohol

  • Up to a $100 fine, or 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

First Offense
  • Up to a $500 fine, or up to 93 days in jail, or both.
  • Mandatory additional license sanction.
  • 2 points added to the offender’s driving record.
  • Driver Responsibility Fee of $500 for 2 consecutive years.
Second Offense
  • Up to a $1,000 fine, or up to 1 year in jail, or both.
  • Mandatory additional license sanction.
  • Vehicle may be immobilized for up to 180 days.
  • 2 points added to the offender’s driving record.
  • Driver Responsibility Fee of $500 for 2 consecutive years.
Third Offense
  • Up to a $1,000 fine, or up to 1 year in jail, or both.
  • Mandatory additional license sanction.
  • 2 points added to the offender’s driving record.
  • Driver Responsibility Fee of $500 for 2 consecutive years.
  • If there are 2 prior convictions within 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 1 year in jail, or both.
  • Mandatory additional license sanction.
  • 2 points added to the offender’s driving record.
  • Driver Responsibility Fee of $500 for 2 consecutive years.
  • If there are 3 prior convictions within 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 1 year in jail, or both.
  • Mandatory additional license sanction.
  • 2 points added to the offender’s driving record.
  • Driver Responsibility Fee of $500 for 2 consecutive years.
  • If there are 4 prior convictions within 7 years, there are additional consequences:
    • License plate confiscation.
    • Vehicle immobilization for 1 to 3 years.
Get Help Now