Drinking and Driving Penalties in Michigan

When someone has been arrested for drinking and driving or driving under the influence of drugs they are typically charged with Operating While Intoxicated (OWI). 

The degree of punishment and official charge increases depending on the circumstances of the charge and number of prior offenses among other factors.

Things we like to refer to as “aggravators” such as having kids in the car can, certain blood alcohol levels, or causing an injury can make the difference of being charged with a simple misdemeanor, serious misdemanor or felony.

If you have been charged with a crime, contact OWI lawyer, Aaron J. Boria (734) 453-7806. 

OWI Penalties in Michigan

The following information is a list of penalties for some of the more common driving related offenses. For more information about drinking and driving click here for our main Michigan DUI defense page.

First Offense:

Operating While Intoxicated 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 license suspension for 30 days, followed by restrictions for 150 days,
• Possible vehicle immobilization,
• Possible ignition interlock,
• 
Six points added to driver record,

 

Operating While Visibly Impaired

• Up to $300 fine and one or more of the following:
• 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,

 

Second offense within seven years:

Operating While Intoxicated

• $200 to $1,000 fine and one or more of the following:
• Five days to one year in jail,
• 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,
• Six points on driver record,

 

Operating While Visibly Impaired

• $200 to $1,000 fine and one or more of the following:
• Five days to one year in jail,
• 30 to 90 days community service,
• Driver license denial/revocation for a minimum one year,
• License plate confiscation,
• Vehicle immobilization 90 to 180 days unless vehicle is forfeited,
• Possible vehicle forfeiture,
• Four points on driver record

 

Any combination, third offense within lifetime (felony):

Felony Operating While Intoxicated in Michigan

• $500 to $5,000 fine and either:
• One to five years imprisonment,
• Probation with 30 days to one year in jail,
• 60 to 180 days community service,
• Driver license denial/revocation for a minimum five years,
• License plate confiscation,
• Vehicle immobilization one to three years unless vehicle is forfeited,
• Possible vehicle forfeiture,
• Registration denial,
• Six points on driver record,

Felony Operating While Visibly Impaired in Michigan

• $500 to $5,000 fine and either:
• One to five years in prison,
• Probation with 30 days to one year in jail,
• 60 to 180 days community service,
• Driver license denial/revocation for a minimum of five years,
• License plate confiscation,
• Vehicle immobilization one to three years unless forfeited,
• Possible vehicle forfeiture,
• Registration denial,
• Four points on driver record.

Probation for a DUI in Michigan

Almost every court will order some probation in a drinking and driving or driving on drugs case. This is true even in cases where some jail time is order. Many courts on more serious offenses will order a jail term followed by probation. The thing that changes from court to court is the duration of time you are on probation and how many obligations a court orders for you to complete. Common probation requirements include:

• Breathalyzers (PBT’s)
• Urine tests
• MADD Impact panel
• Alcoholics Anonymous (AA)
• Narcotics Anonymous (NA)
• Work programs
• Outpatient Care
• Inpatient Care
• Interlock
• Alcohol Tether

If you have been charged with drinking and driving or driving on drugs contact criminal defense lawyer, Aaron J. Boria (734) 453-7806.