If you’ve been arrested for DUI in Michigan, you’re likely feeling anxious and uncertain about what comes next. The penalties for a DUI conviction can be severe, but knowing what to expect can help you prepare.
In a Michigan operating while intoxicated case, also called OWI/DUI, the penalties will be based on the severity and nature of the offense, and your prior record. Possible penalties include jail time, license suspension or revocation, fines, costs, community service and probation.
Understanding DUI Penalties in Michigan
In Michigan, DUI penalties can vary widely based on several factors. Whether it’s your first offense or you’ve faced charges before, the consequences can be life-changing. At Barone Defense Firm, our skilled DUI defense attorneys are dedicated to providing you with the best legal advice and representation.
Here is a Chart that Includes the Potential Penalties for a Michigan DUI
Potential DUI Penalties in Michigan
Facing a DUI in Michigan can result in:
- Jail Time: Depending on the severity of the offense, you could face significant jail time.
- Fines: DUI convictions come with hefty fines that can strain your finances.
- Driver’s License Suspension: Losing your driving privileges can impact your daily life and work.
Additional penalties may apply depending on the details of your case and whether it is a first or subsequent offense.
Types of Drunk Driving Offenses in Michigan
In Michigan, prosecutors can charge you with one of three main drunk driving offenses:
- Operating While Visibly Impaired (OWVI): If convicted, you may face fines, court costs, jail time, and possibly community service.
- Unlawful Bodily Alcohol Content/Level (UBAC/UBAL): Similar to OWVI, but with the added requirement of community service.
- Operating While Intoxicated (OWI): The most common charge, carrying similar penalties to OWVI and UBAC/UBAL.
Michigan DUI/OWI Penalties Explained – Here is a List of All Possible Penalties for Various DUI Offenses In Michigan:
Discover the following possible repercussions awaiting those charged with DUI or OWI offenses in Michigan. Our state imposes strict penalties, differentiating between first, second, and third offenses, with additional severity for cases involving Unlawful Bodily Alcohol Content/Level (UBAC/UBAL), injuries, or fatalities. Driver license sanctions are separate from and in addition to these penalties.
OWI Offenses:
1. First Offense:
- Up to 93 days in jail
- Fines ranging from $100 to $500
- 360 hours (45 days) of community service
- Vehicle immobilization (at court’s discretion)
- Possible ignition interlock device during probation
2. Second Offense:
- Jail time: 5 days to one year
- Fines: $200 to $1,000
- Community service: Minimum 30 days (maximum 90 days)
- Mandatory vehicle immobilization
- Possible ignition interlock device during probation
3. Third Offense:
- Prison time: One to five years
- Fines: $500 to $5,000
- Probation with jail: Minimum 30 days (maximum one year)
- Community service: Minimum 60 days (maximum 180 days)
- Mandatory vehicle immobilization
- Possible ignition interlock device during probation
OWVI Offenses (Operating While Visibly Impaired):
1. First Offense:
- Up to 93 days in jail
- Fines of up to $300
- 360 hours (45 days) of community service
- Vehicle immobilization (at court’s discretion)
2. Second Offense:
- Jail time: 5 days to one year
- Fines: $200 to $1,000
- Community service: Minimum 30 days (maximum 90 days)
- Mandatory vehicle immobilization
3. Third Offense:
- Prison time: One to five years
- Fines: $500 to $5,000
- Probation with jail: Minimum 30 days (maximum one year)
- Community service: Minimum 60 days (maximum 180 days)
- Mandatory vehicle immobilization
UBAC/UBAL Offenses (Unlawful Bodily Alcohol Content/Level):
1. First Offense:
- Up to 93 days in jail
- 360 hours (45 days) community service
- Fines of up to $500
2. Second Offense:
- Up to one year in jail
- Fines of up to $1,000
- 360 hours (45 days) community service
Additional Penalties for the Most Serious Felony Offenses:
1. OWI Causing Death:
- Prison time: 15 years
- Fines: $2,500 to $10,000
- Mandatory vehicle immobilization
- In case of a firefighter or police officer’s death, a violation of 257.653a results in a 20-year prison sentence.
2. OWI Causing Serious Injury:
- Prison time: Five years
Fines: $1,000 to $5,000
Mandatory vehicle immobilization
Be aware that the presence of aggravating factors will impact how the Judge views your case, and therefore, the penalty imposed. These include criminal history including prior DUIs in your lifetime. Other factors include your blood alcohol level, whether there were any children in the car, and whether you caused any property damage injuries or deaths.
Collectively, the Judge will consider all of these factors when determining whether to send you to jail., such as injuries or fatalities resulting from your actions, can lead to more severe consequences.
It’s crucial to understand the gravity of these penalties and seek legal counsel if facing DUI or OWI charges. Hiring a firm that has recognized expertise in sentence mitigation is an excellent idea if you want to minimize the possibility of jail and all of the other penalties that can be imposed.
Aside from possible jail time, your drive license will also be suspended. Unlike jail time, the driver license penalties are not imposed by the judge. The driver license sanctions are imposed by the Secretary of State, who will learn of the conviction from the court clerk where your case is pending.
Licensing actions for an intoxicated driving conviction range from having your driving privileges restricted, suspended or revoked.
Revocations are reserved for the most serious offenses, including second offense drunk driving, and range from one year to five years. There’s no guarantee that the license will be returned after the revocation term is complete.
After the revocation is imposed it will be as if you were never licensed, and to re-obtain driving privileges, you will need to apply through the Michigan driver appeal and assessment division. Revocation is defined as the termination of your driver’s license.
The next most serious sanction is suspension, which is temporary. After the suspension period is complete, your driver’s license will be returned after you apply for a new license at the Secretary of State and pay a reinstatement fee. There is no driving of any kind allowed during the suspension period.
If your license is restricted, then you can only drive to places allowed by law. These restrictions are always the same for everyone and cannot be modified or changed. These standard restrictions include the ability to drive to from during your employment, any alcohol drug or treatment program ordered by the court, any court-ordered probation, community service, educational programs ordered by the court, and any regularly occurring medical treatment for you or your family.
Once you have pleaded guilty or are found guilty, then the court clerk will notify the Secretary of State, who will then check you master driving record for prior offenses. You will then be notified of the driver license sanction by the Secretary of State by mail. The document you receive from them will indicate the exact nature of the penalty and the two/from dates.
The most common driver license sanctions will be a suspension, restriction or revocation of your driving privileges as follows:
- First Offense OWI alcohol – Your driver’s license will be suspended for 30 days, followed by license restrictions for 150 days, 6 pts, permissive BAIID.
- First Offense OWVI alcohol – Your driver’s license will be restricted for 90 days (180 days if impaired by a controlled substance).
- First Offense Operating with Presence of Drugs – 30-day suspension / 150 restricted, 6 pts, permissive BAIID.
- First Offense Zero Tolerance Minor BAC – 30-day restricted, 4 pts.
- First Offense Child Endangerment – 90 restricted, 90 suspended, 6 pts.
- First Offense CDL under .08 – 1-year CDL suspension, 90-day operator’s suspension.
- High BAC Super Drunk Driving BAC .17 or Above; your driver’s license will be suspended for 1 year. You are eligible for restrictions after 45 days of suspension if an ignition interlock device is installed on all vehicles you own and intends to operate.
- Intoxicated Driving Causing Death or Serious Injury – your driver’s license will be revoked for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
- Second Offense OWI – 1-year revocation/denial.
- Third Offense OWI – 1-5-year revocation/denial.
Can a DUI Get Dismissed?
You might be wondering if it is possible to beat a DUI charge. Or maybe you’re wondering how can a lawyer get you out of a DUI? First of all, it is possible to beat a DUI charge. But the truth is, few criminal defense lawyers know how to win a DUI trial.
In fact, few criminal defense lawyers know how to fight a DUI. This is because they don’t have the knowledge training and experience necessary to mount a successful DUI defense. If you are serious about how to dismiss a DUI charge, then you’ll need to hire a top DUI lawyer in Michigan.
The first question before that one is whether you need a top DUI lawyer near me? Yes, you need the best DUI defense lawyer you can find, but the “local guy” might not be the best Michigan OWI lawyer. When searching for a top DUI defense attorney, it’s crucial to find someone with proven expertise. Don’t rely solely on local attorneys—look for a lawyer with a strong reputation and the skills to fight complex DUI cases. A good lawyer can significantly impact your case outcome.
Get Expert Legal Help
Michigan OWI cases are complex. Contact the DUI criminal attorneys at Barone Defense Firm for a free, no-obligation case review. We’re here to help you navigate this challenging time and protect your future.