Common Drunk Driving Charges and Penalties in Michigan

1. First Offense OWI, UBAL, OWVI or OUID penalties include the following:

For OWI, UBAL, or OUID:

  1. Up to 93 days in jail
  2. 6 months Suspended License: 1st 30 days no driving at all, remaining 5 months Restricted Driving allowed.
  3. Up to $500 in fines, plus costs
  4. Up to 180 hours of Community Service
  5. 6 Points on your Driving Record
  6. $1000 Driver Responsibility Fee for 2 years

For High BAC (.17 and above) OWI cases with an Arrest date after

10-31-2010:

  1. Up to 180 days in jail (increased from 93 days)
  2. Fine of $200 but not more than $700 (increased from $100 but not more than $500)
  3. One year license suspension with restrictions permitted after 45 days (increased from six-month license suspension with restrictions permitted after 30 days)
  4. Up to 360 hours community service (same)
  5. Cost of prosecution (same)
  6. Immobilization not exceeding 180 days allowed (same)
  7. 6 points on the driving record (same)
  8. Mandatory alcohol treatment program or self-help program for a period of not less than one year.
  9. Motorists who wish to drive after the 45-day license suspension may do so only after a breath alcohol ignition interlock device is installed on their vehicle for the remained of the 1 year suspended/restricted period.

For OWVI (Impaired Driving):

  1. Up to 93 days in jail
  2. 90 days Restricted Driving (180 days if Impaired by Drugs)
  3. Up to $300 in fines, plus costs
  4. Up to 360 hours of Community Service
  5. 4 Points on your Driving Record
  6. $500 Driver Responsibility Fee for 2 years

2. Second Offense OWI, UBAL, or OUID:

  1. 5 days to 1 year in jail, or
  2. 30 to 90 days Community Service, and
  3. 1 year Revoked License (no driving at all, no license available)
  4. $200 to $1000 fine, plus costs
  5. License Plate Confiscation
  6. Vehicle Immobilization from 90 to 189 days, unless vehicle is forfeited
  7. Possible Vehicle Forfeiture
  8. 6 Points on your Driving Record
  9. $1000 Driver Responsibility Fee for 2 years

For OWVI (Impaired Driving - 2nd Offense), all of the above, except:

  1. 4 Points (not 6) on your Driving Record
  2. $500 (not $1000) Driver Responsibility Fee for 2 years.

3. Third Offense OWI, UBAL, or OUID:

  1. 1 to 5 years in the State Prison, or
  2. 30 days to 1 year in the County Jail followed by Probation
  3. 5 years Revoked License (no driving at all, no license available)
  4. $500 to $5000 fine, plus costs
  5. 60 to 180 days Community Service
  6. License Plate Confiscation
  7. Vehicle Immobilization 1 to 3 years unless vehicle is forfeited
  8. Possible Vehicle Forfeiture
  9. Registration Denial
  10. 6 Points on your Driving Record
  11. $1000 Driver Responsibility for 2 years

For OWVI (Impaired Driving - 3rd Offense) all of the above, except:

  1. 4 Points (not 6) on your Driving Record
  2. $500 (not $1000) Driver Responsibility Fee for 2 years

These are really the three most common kinds of Drunk Driving cases. The Michigan Secretary of State has a very good breakdown of the various alcohol and drug-related driving penalties which can be found here. Cases involving Drunk Driving Causing Serious Injury or Death, are, fortunately, not very common. There are several other alcohol-related traffic offenses, including Zero Tolerance (person under 21 with a breath test result of between .02 and .07) and Open Intoxicants in a Motor Vehicle, but the above three charges are, by far, the most common.

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