Areas of Practice
Types of Michigan Drunk Driving Offenses
There are various types of drunk driving offenses in Michigan. It is important to know what you have been charged with and the potential penalties for the charge. In general, the most common charges are:
- Operating While Intoxicated (OWI / DWI / OUI / DUI)
- Operating While Visibly Impaired (OWVI)
- Operating While Intoxicated Drugs (OWID / OWPD)
- Operating While Intoxicated – Minor (Zero Tolerance)
- Operating While Intoxicated – Child Endangerment
- Operating While Intoxicated – Causing Serious Injury
- Operating While Intoxicated – Causing Death
- Open Intoxicant
- Super Drunk – High BAC
- Preliminary Breath Test (PBT) Refusal
BAC DataMaster Refusal
Super-Drunk
If BAC is .17 or higher and this is a first offense:
- Up to $700 fine
- Up to 180 days in jail
- Up to 360 hours of community service
- Up to one year license suspension
- 6 points on a driver’s license
- Mandatory completion of an alcohol treatment program
- Ignition interlock use and compliance after 45 days license
- suspension is required to receive a restricted driver’s license.
- Convicted drunk drivers have limited driving privileges, are
- prohibited from operating a vehicle without an approved and
- properly installed ignition interlock device, and are responsible
- or all installation and upkeep costs for the device.
Breath Test Refusal
Anyone who refuses a breath test the first time is given an automatic one-year driver’s license suspension. For a second refusal within seven years, the suspension is two years.
Convicted drunk drivers are subject to a $1,000 penalty for two consecutive years under the Driver Responsibility Act, for a total of $2,000 in additional costs.
OWI or OWPD (presence of drugs)
A $100 up to $500 fine AND
Maximum 93 days imprisonment.
Maximum 360 hours of community service.
Driver license suspension: Mandatory 6 months suspension with
possibility for 30 days, followed by restrictions for 150 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.
OWVI
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.
- $500 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.
*The Driver Responsibility Fee law will change on October 1st 2015. Please see the states planned change in fees.
OWI Frequently Asked Questions
Q: Will I go back to jail?
A: With a first offense where there is no injury to another person, very unlikely. If you have more than one OWI conviction on your record, it is likely that you may have to serve some time behind bars. This will depend on the court that you are in and the Judge assigned to your case. No matter how many offenses are on your record, it is essential that you work with an experienced OWI defense attorney who can maximize your chances of getting a favorable result in your case.
Q: Will I lose my job?
A: The answer to this question depends on your employer and the type of work you do. If you are a professional driver or if your job requires that you operate a motor vehicle, losing your license after an OWI conviction will make it impossible to work. Even if driving is not a function of your job, if your employer has a policy against hiring or employing individuals with any misdemeanor or felony convictions, you could be terminated. A conviction could also prevent you from getting a job that requires driving if the prospective employer runs your driving record or does a criminal history search.
Q: Does your firm offer payment plans?
A: Yes.
- I charge a flat fee based on the type of crime you are charged
- We work with clients to develop a payment plan that will
- fit their needs. I will not start a case without an initial agreed
- upon deposit has been paid.
Q: How do I get my license back?
A: If your license was suspended or revoked after an OWI arrest or conviction, you will have to work very hard to have it reinstated as soon as possible. If the Secretary of State took your license after you refused to submit to the state breath test, you have 14 days from the date of your arrest to file a request for an administrative hearing with the SOS. The timeline and the way the request should be filed can be best handled by an experienced OWI defense attorney.
Q: Are there alternatives to a DUI/OWI conviction in Michigan?
A: Yes. Certain jurisdictions including several courts in Washtenaw County offer Sobriety Court programs, which are open to certain repeat OWI offenders. The program is designed to aid repeat offenders who need treatment for alcohol or drug abuse issues. Participants must plead guilty to the OWI charge and meet other eligibility requirements before being accepted into the program, which includes mandatory alcohol and drug testing, review hearings before a judge and attendance at Alcoholics Anonymous meetings or other approved inpatient or outpatient treatment. Those who are successful in meeting program benchmarks may be eligible for a restricted drivers license. Its basically a very stringent probation program.