DUI & DWI in Michigan

Over an estimated one-third of all traffic fatalities in Michigan involve alcohol. And even as the number of traffic-related deaths declines, the percentage of accidents tied to booze does not. Studies show conclusively that operating a motor vehicle after consuming even one drink makes you more prone to accidents.

Michigan, like most states, defines drunk driving as any driver with a blood alcohol content (BAC) of 0.08% or higher.

Michigan also now laws regarding drivers with certain illegal drugs in their system. Drive with drugs like marijuana, GHB, cocaine, and cocaine-derivative drugs in your system, and a prosecutor will not have to prove you were impaired―just that you were driving with those drugs in your system. The same penalties for drunk driving will apply.

And don't think you can avoid prosecution by refusing to have your breath, blood, or urine tested for alcohol or drugs. Michigan's implied consent law dictates that if you're arrested and refuse to take such a test, your license will be automatically suspended for 1 year and 6 points will be added to your driving record. This is in addition to any penalties you'll receive if you are convicted of drunk driving.

Zero Tolerance Law

And if you're under 21 years old, the law more strict. Minors aren't allowed to buy, have in their possession, or consume alcoholic beverages. If you have any alcohol in your vehicle―even unopened―on the road or in a parking lot, you can be charged with a misdemeanor. If you have a BAC of 0.02% or greater, you'll also be arrested. You will also end up with 4 points on your license if found guilty of the charge.

Michigan has a number of separate but related charges for drivers who are impaired due to something they have ingested. These charges are to ensure that dangerous drivers don't slip through the system unpunished:

  • Operating While Visibly Impaired (OWVI): Your inability to operate a motor vehicle was visible to the arresting officer, most likely due to the presence of alcohol or other drugs in your body.
  • Operating While Intoxicated (OWI): Alcohol or drugs in your body substantially affected your ability so you could not operate a motor vehicle safely. OWI can also mean that―when tested in the field, at the police station, or at a hospital―your blood alcohol concentration (BAC) was at or above the legal limit.
  • Operating With Any Presence of a Schedule 1 Drug or Cocaine (OWPD): Even if you don't appear intoxicated or impaired, if you have even a trace of these drugs in your blood (as determined by a chemical test of your blood, breath, or urine), you can be charged.

It is important to note all of these violations include the right for the court to immobilize your vehicle. If vehicle immobilization is part of your sentence then you will be required to prove to the court that you have complied with this requirement. During this time you may not operate any vehicle.

OWI and OWPD Penalties

Generally, expect to go to court and have a judgement within 77 days.

If you're convicted of OWI or OWPD you could face:

  • A $100 up to $500 fine AND
    • Maximum 93 days imprisonment.
    • Maximum 360 hours of community service.
  • Driver license suspension: Mandatory 6 months with a possibility for 45 days, followed by restrictions for 180 days
  • Possible vehicle immobilization.
  • Possible ignition interlock.
  • 6 points added to driver record.
  • Driver Responsibility Fee for 2 consecutive years.*
    • $1,000 for OWI
    • $500 for OWPD
    • $125 driver license reinstatement fee.

If you're convicted of OWVI, you could face:

  • Up to a $300 fine AND:
    • Maximum 93 days imprisonment.
    • Maximum 360 hours of community service.
  • Driver license could face suspension or restriction of 90 days (impaired by a controlled substance causes 180 days).
  • Possible vehicle immobilization.
  • 4 points on driver record.
  • $1000 Driver Responsibility Fee for 2 consecutive years.*
  • $125 driver license reinstatement fee.

What happens if you get a second conviction for OWI or OWPD? A judge could choose to give you:

  • A $200 up to $1,000 fine AND.
    • 5 days to 1 year imprisonment.
    • 30 to 90 days community service.
  • Loss of driver license for a minimum of 1 year.
  • License plate confiscated.
  • Vehicle immobilization for 90 to 180 days unless vehicle is forfeited.
  • Possible vehicle forfeiture.
  • 6 points on driver record.
  • $1,000 Driver Responsibility Fee for 2 consecutive years.*
  • $125 driver license reinstatement fee.

A second OWVI conviction could mean:

  • A $200 up to $1,000 fine AND.
    • 5 days to 1 year imprisonment.
    • 30 up to 90 days community service.
  • Loss of driver license for a minimum of 1 year.
  • License plate confiscation.
  • Vehicle immobilization for 90 to 180 days unless vehicle is forfeited.
  • Possible vehicle forfeiture.
  • 4 points on driver record.
  • $500 Driver Responsibility Fee for 2 consecutive years.
  • $125 driver license reinstatement fee.

Penalties continue to increase for subsequent offenses and will be much more severe if they occur within 7 years.

Driver's License Reinstatement

How you go about getting your license reinstated will depend on what the criminal courts required you to do as punishment for drinking and driving. At a minimum you will have your court fees and then the Secretary of State fees and requirements.

Additionally, anyone who has more than one alcohol conviction is going to require an Ignition Interlock Device (IID) in order to drive in Michigan. The IID will have its own fees which include installation, monitoring and maintenance fees.

What Can You Do?

Obviously, the best way to stay out of trouble―and minimize your risk of hurting people or property―is to avoid situations where you will have to drive after you've been drinking. Whether that means programming the phone number of a taxi company into your cell phone before you begin drinking or arranging for someone from home to pick you up at the end of the night, it's got to be better than facing the penalties above.

Clearly, if it's too late and you have been charged with OWI or OWVI, you stand a chance of being hit with some severe consequences if you are convicted. And these penalties could really cramp your lifestyle.

That's why before you first appear in court in front of a judge, you should consult an attorney who specializes in DUI cases.

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