DUI in Michigan

May 19, 2023 | DUI, DUI First Offense, DUI Second Offense, DUI Super Drunk, DUI Third Offense

DUI in Michigan

Driving under the influence (DUI) is a serious offense in Michigan that can result in severe legal consequences.

Michigan DUI laws and penalties are designed to prevent impaired driving and keep the roads safe for everyone. From fines and license suspension to imprisonment and mandatory installation of ignition interlock devices, the penalties for DUI in Michigan can be severe and long-lasting.

Understanding Michigan’s DUI laws, penalties, and legal procedures is essential for anyone facing DUI charges or concerned about their driving behavior.

What is a DUI in Michigan?

Driving under the influence, commonly known as a DUI, is a criminal offense in Michigan. In essence, a DUI is when a person operates a vehicle while under the influence of drugs or alcohol that impairs their ability to drive safely.

Understanding the legal definition of DUI in Michigan

Michigan law defines a DUI as operating a vehicle while under the influence of alcohol, a controlled substance, or any other intoxicating substance. The legal threshold for a DUI in Michigan is a blood alcohol concentration (BAC) of 0.08% or higher.

Penalties for DUI in Michigan

The penalties for a DUI in Michigan vary depending on the number of previous convictions and whether certain factors are present, such as having a high BAC or causing property damage or injury.

First-time DUI penalties

For a first-time DUI offender, penalties may include up to 93 days in jail, fines up to $500, a license suspension for up to six months, and six points added to their driving record.

Second-time DUI penalties

The penalty for a second DUI conviction within seven years includes up to a year in jail, fines up to $1,000, and a license suspension for a minimum of one year, among other penalties.

Third-time DUI penalties

A third DUI conviction within ten years is a felony offense, which carries a sentence of up to five years in prison, fines, and a license suspension for a minimum of five years.

Aggravated DUI penalties

Aggravated DUI, in cases where the driver has a BAC of 0.17% or higher, can result in harsher penalties. This includes higher fines and a longer license suspension period.

KOMORN LAW

STATE and FEDERAL
Aggressive Legal Defense
All Criminal Allegations / DUI / Drugs
Since 1993

248-357-2550

Alcohol Concentration (BAC) limits in Michigan

Michigan has set legal limits for the BAC of drivers, which vary depending on age and commercial driver status.

Legal BAC limits for drivers over 21

For drivers over 21 years old, the legal BAC limit is 0.08%. This means that driving with a BAC of 0.08% or higher is a criminal offense.

Lower BAC limits for commercial drivers and underage drivers

Commercial drivers have a lower legal BAC limit, set at 0.04%. Underage drivers, those who are under 21, have a zero-tolerance policy in Michigan, meaning any amount of alcohol in their system while driving is considered illegal.

Michigan’s Zero Tolerance policy for underage drinking and driving

Michigan has a zero-tolerance policy for those under the age of 21, which means that any amount of alcohol in their system while driving is illegal and can result in serious legal consequences.

The legal consequences for minors caught driving under the influence

Minors caught driving under the influence face license suspension, fines, community service, and mandatory attendance in alcohol treatment programs. They may also face criminal charges, which can result in jail time and a permanent criminal record. Parents or legal guardians of underage drivers may also face charges in some circumstances.

Ignition Interlock Device requirements in Michigan

Michigan has strict laws and penalties for driving under the influence. One of the consequences of being convicted of a DUI in Michigan is the requirement of an ignition interlock device (IID) installation. An IID is a device that requires the driver to pass a breathalyzer test before starting the car.

Who is required to install an ignition interlock device?

In Michigan, ignition interlock devices are required for all individuals convicted of two or more DUIs, as well as first-time offenders with a BAC (blood alcohol concentration) of 0.17 or higher. For individuals who refuse to take a breathalyzer test, an ignition interlock device is required for one year.

Costs and installation procedures for ignition interlock devices

The cost of an ignition interlock device in Michigan varies depending on the provider and the length of time required to use it. Typically, installation costs range from $50 to $200, and monthly rental fees range from $50 to $100. The duration of the IID use also varies, depending on the individual’s case.

To install an IID, a driver must contact a state-approved vendor to make an appointment. The vendor will install and calibrate the device and provide training on its use. The driver also needs to show proof of insurance and submit contact information for a backup person who may be contacted if a violation occurs.

Michigan’s Implied Consent Law and its consequences

What is implied consent?

Under Michigan’s implied consent law, drivers are required to take a breathalyzer test if they are pulled over on suspicion of drunk driving. This means that by getting behind the wheel, you are giving your consent to be tested if asked by law enforcement.

Penalties for refusing a breathalyzer test in Michigan

Refusing to take a breathalyzer test in Michigan carries serious consequences, including a one-year driver’s license suspension for first-time offenders. The suspension is longer for repeat offenders, and a judge may also require an ignition interlock device installation. Additionally, a refusal to take a breathalyzer test can be used against you in court and may result in a longer jail sentence or steeper fines if convicted of DUI.

How to defend yourself against DUI charges in Michigan

The importance of hiring a qualified DUI attorney

If you are facing DUI charges in Michigan, hiring a qualified DUI attorney is essential. An experienced attorney can assess the evidence against you, identify any weaknesses in the prosecution’s case, and develop a strong defense strategy.

Possible defense strategies for DUI charges in Michigan

There are several defense strategies that can be used in DUI cases in Michigan. Some of these include challenging the legality of the traffic stop, questioning the accuracy of the breathalyzer test, or arguing that the field sobriety tests were not administered properly. A qualified attorney will be able to identify the best defense strategy based on the specifics of your case.In conclusion, Michigan’s DUI laws and penalties are designed to discourage impaired driving and promote road safety. If you are facing DUI charges or have concerns about your driving behavior, it is important to seek legal advice and understand your rights and obligations under Michigan’s DUI laws. By following the legal guidelines and making responsible choices, we can all help prevent drunk driving and keep Michigan’s roads safe for everyone.

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931Chapter XXVA
CRIMINAL ENTERPRISESRead the law -or- Check for updates

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Michigan’s DUI Laws and Penalties

May 2, 2023 | Driving While High, Drugged Driving, DUI, DUI First Offense, DUI Second Offense, DUI Super Drunk, DUI Third Offense

Michigan’s OWI Laws and Penalties

An DUI / OUI / OWVI conviction requires proof only that the driver shows visible signs of impairment due to ingesting alcohol or drugs.

The Michigan Law

Under MCL 257.625(3), you are assumed guilty of a crime if, regardless of your blood alcohol content, your ability to operate a vehicle was “visibly impaired” by alcohol.

This is referred to as “operating while visibly impaired” or OWVI.

Michigan’s OWI and OWVI Laws

There are two main categories: operating while under the influence of drugs or alcohol (OWI) and operating while visibly impaired (OWVI) by drugs or alcohol. Some people still use the term DUI, but it’s the same thing as OWI.

An OWI is the more serious offense. It means you were driving while:

under the influence of alcohol or drugs
had a blood alcohol content (BAC) of .08% or greater
had any amount of illegal drugs in your body

Once again –> an OWVI conviction only requires proof that you only showed visible signs of impairment due to alcohol or drugs.

This is why you need to retain a lawyer. Even if your going to take a plea.

Michigan’s OWI and OWVI Penalties

If you’re convicted of OWI or OWVI, you’ll face penalties according to Michigan law. For most convictions, you’ll lose your license, pay fines, and possibly go to jail.

How Long an OWI or OWVI Stays on Your Record in Michigan

OWIs and OWVIs stay on your record for seven years in Michigan. This means that if you get another conviction within seven years, it will count as a prior conviction and you’ll face harsher penalties.

Michigan DUI Penalties

1st Offense

If you are caught driving under the influence (DUI) in Michigan for the first time, you may face up to 93 days in jail (up to 180 days if your blood alcohol content (BAC) was .17% or greater). You may also be fined $100 to $500 ($200 to $700 if your BAC was .17% or greater) and ordered to complete up to 360 hours of community service.

2nd Offense

If you are caught DUI for the second time, you may face 5 days to one year in jail, a fine of $200 to $1,000, and 30 to 90 days of community service. Your vehicle may also be immobilized for 90 to 180 days (if not forfeited).

3rd Offense

If you are caught DUI for the third time, you may face one to five years in jail (30 days to one year if community service is ordered), a fine of $500 to $5,000, and 60 to 180 days of community service. Your vehicle may also be immobilized for one to three years (if not forfeited).

Jail

If you are caught DUI in Michigan, you may face jail time depending on the offense. The length of jail time increases with each subsequent offense.

Vehicle Immobilization for OWI and OWVI Convictions in Michigan

If you are convicted of operating while intoxicated (OWI) or operating while visibly impaired (OWVI) in Michigan, the judge may order the immobilization or forfeiture of your vehicle. For a first offense, immobilization or forfeiture is optional, but for any subsequent offense, it is mandatory. The length of immobilization increases with each subsequent offense.

1st offense. Possibly forfeiture or immobilization for up to 180 days.
2nd offense. Immobilization for 90 to 180 days is mandatory (if not forfeited).
3rd offense. Immobilization for one to three years is mandatory (if not forfeited).

Michigan’s OWI Enhancements for Passengers Under 16 Years Old

If you are caught DUI with a passenger under 16 years old in Michigan, you may face additional penalties. For a first offense, you may be fined $200 to $1,000 and either serve five days to one year in jail or complete 30 to 90 days of community service. For a subsequent offense with a passenger under 16, you may be fined $500 to $5,000 and either serve one to five years in jail or probation (which must include five days to one year in jail and 30 to 90 days of community service).

KOMORN LAW

STATE and FEDERAL
Aggressive Legal Defense
All Criminal Allegations / DUI / Drugs
Since 1993

248-357-2550

Can you get a DUI removed from your record in Michigan?

The waiting period to have a first-time operating while intoxicated offense expunged from your record is 5 years.

As of February 19th, 2022, first time operating while intoxicated convictions are now eligible to be set-aside (expunged) under certain circumstances.

Waiting Time

When seeking to expunge one or more serious misdemeanor convictions or one felony conviction, at least 5 years from the latest of the following events: date of the sentencing, completion of a term of probation, discharge from parole, or completion of any term of imprisonment.
When seeking to expunge more than one felony conviction, at least 7 years from the latest of the following events: date of the sentencing, completion of a term of probation, discharge from parole, or completion of any term of imprisonment.
When seeking to expunge one or more misdemeanor convictions (other than serious misdemeanors and any misdemeanor conviction for an assaultive crime), at least 3 years from the latest of the following events: date of the sentencing, completion of a term of probation, or completion of any term of imprisonment.

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