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
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.
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
When seeking to expungeone or moreserious misdemeanor convictionsorone 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 expungemore than onefelony 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 moremisdemeanor 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.
Boating is a fun activity, but it can be dangerous if the operator is under the influence of drugs or alcohol. Michigan law prohibits operating a motorboat while under the influence of drugs or alcohol.
Boating Under the Influence (BUI)
A person can be convicted of a BUI for operating a motorboat with a blood alcohol concentration (BAC) of .08% or greater, with any amount of a controlled substance, or while impaired by drugs and/or alcohol to an extent that the person is substantially deprived of normal control or clarity of mind.
Boating While Visibly Impaired (BWVI)
A person can be convicted of a BWVI for operating a motorboat while visibly impaired by drugs and/or alcohol.
KOMORN LAW
STATE and FEDERAL Aggressive Legal Defense All Criminal Allegations / DUI / Drugs Since 1993
The potential penalties an offender faces depend on which classification he or she is convicted of.
BUI Penalties
The consequences for a first, second, and third BUI are:
– First offense: A first-offense BUI is a misdemeanor and carries up to 45 days of community service, a maximum of 93 days in jail, and fines ranging from $100 to $500. Also, the court can suspend the offender’s privilege to operate a motorboat for one to two years.
– Second offense: If a BUI offender has a prior BUI or BWVI conviction that occurred within the past seven years, the second offense will be a misdemeanor and carry from $200 to $1,000 in fines. The court also must sentence the offender to either ten to 90 days community service and up to one year in jail (option one) or 48 hours to one year in jail and up to 90 days community service (option two). And the court must suspend the offender’s privilege to operate a motorboat for at least two years.
– Third offense: If a BUI offender has two or more prior BUI or BWVI convictions—regardless of how long ago they occurred—the third or subsequent offense will be a felony and carry one year to five years in jail and/or $500 to $5,000 in fines. If the offender has two more priors within the past ten years, the court must suspend the offender’s privilege to operate a motorboat indefinitely. However, if the offender has two or more priors but one or none within the past ten years, the court either can suspend the boater’s operating privilege for one to two years (no priors within seven years) or must suspend the boater’s operating privilege for at least two years (one prior within seven years).
This one was an epic battle, that started right before the shut down in March of 2020 and involved the following:
Preliminary Exam 1.
After filing several motions to be heard at the preliminary exam, the police failed to appear and the charges were dismissed.
The charges were then re-issued.
At the arraignment on the re-issued charges and in response to my arguments for personal bond, the court said, “ Counsel that may be true that your client has not had an alcohol related driving offense for over 12 years but what about all the times he drove drunk and wasn’t arrested? Bond is set at 5,000 cash.
Motion to Recuse
Based upon the aforementioned statements by the Court, I was forced to move to Disqualify the Court for bias.
The Court disagreed.
Appeal to Circuit Court ( Regarding the Arraignment and Setting of Bond).
We appealed the District Court Judges Ruling at the arraignment , setting of Bond and its denial of my motion to disqualify the Court for bias.
The Circuit Court ( acting as the Appellate Court) reversed the District Court’s denial of my Motion to Disqualify, reset the bond as a personal bond and remanded to the District Court for a Preliminary Exam to be heard by a different Judge.
Preliminary Exam 2
We refilled our motions in the District Court and appeared for the exam.
The facts involved a vehicle reported to be stalled out, in a church parking lot, and the police were called for a welfare check (although what unfolded seemed to have little to do with the welfare of my client).
Described as standing outside of the vehicle at the time the police arrived for the welfare check, the vehicle was inoperable, not working, stalled out, the engine was not on or working and no keys were found at the scene.
Allegedly, wine bottles were found in the back of the inoperable vehicle, allegedly my client failed the standard and non standardized field sobriety test. He was subsequently arrested, and taken to the stations for Breath Testing.
Allegedly my client refused or technically refused to submit a breath sample, and the arresting officer acting as the affiant, sought out and obtained a search warrant for the blood of my client. The Blood results allegedly were above the legal limit of .08 g/ml and above the High BAC threshold of 0.17 per milliliters of Blood.
During the testimony of the arresting officer, (and not mentioned in any of the police reports) for the first time it was revealed that allegedly my client was observed about an hour prior to the “welfare check” in the driver seat behind the wheel of the vehicle (he was later observed standing near at the time of the welfare check).
This revelation by the officer also included the following: I observed your client behind the wheel of the vehicle we later saw him standing next to, at that time, the vehicle was being pushed by a younger gentleman.
Your client didn’t say anything to me, but the young man pushing the vehicle did say , the car broke down, and I am pushing it out of the road.”
Other highlights from the exam included testimony surrounding the affidavit and search warrant for the blood.
After some hemming and hawing, the court found probable cause existed to bind my client over for Trial.
The Circuit Court.
We filed additional motions in the circuit court. As it goes sometimes, despite perfecting service through the on-line filing system, providing courtesy copies to the Court, we appeared three times, and each time a different prosecutor appeared for the State.
Each time the new assistant prosecutor appeared, they knew nothing about the motions, didn’t receive them, are not connected to the on line filing system, and didn’t even know that the hearing and motions were scheduled.
The Wheels of Justice Grind Slow
Today we finally got an opportunity to argue our motions, or at least one of them. The Court it turned out was in the middle of a jury trial but was able to get us in during the lunch break for some limited arguing.
All involved ( The Judge, the assistant Prosecutor) commented that the facts made this an interesting case. Generally, the essential elements or issues that are needed to prove a Drunk driving case/ Operating While Intoxicated case, are that the person was intoxicated at the time they were operating the motor vehicle.(1)
if a person pulls over after driving, and then consumes alcohol while in their vehicle without any intention of further driving, even while stationary in a parking lot, would be ill advised and very likely to result in an arrest for Operating While Intoxicated, despite not actually driving, because the driver would be in “actual physical control of the vehicle.”
Likewise, pulling over because a driver feels intoxicated with the intention of not driving but instead sleeping it off, would also likely result in an arrest, should police contact occur.
Other States allow for a driver who thinks they may be impaired to pull over, rest and even sleep, without being charged with “operating” while intoxicated.
In Michigan the word “operating” has been interpreted broadly is defined as driving or having actual physical control of the “vehicle.”
The cases and jurisprudence in Michigan that have interpreted these rules are generally not favorable for the accused/ driver.
The reason why this case was interesting, were mostly focused on the legal definitions of “Motor Vehicle” and Vehicle” ( See below). (2)
The Court Decision
Today the Court heard arguments on these issues. The Court ultimately agreed with me, that in fact the testimony at the preliminary exam of the arresting officer who had “observed my client behind the wheel of the vehicle we later saw him standing next to, at that time, the vehicle was being pushed by a younger gentleman.
(Your client didn’t say anything to me, but the young man pushing the vehicle did say , the car broke down, and I am pushing it out of the road)” had described a situation that did not include evidence of “a motor vehicle” or a “vehicle” as those terms are defined within Michigan Law.
The Court found the District Court Judge had erred in making the decision to bind over my client for trial, and that probable cause did not exist or was not at the preliminary exam, to wit: The State had failed to prove that probable cause existed that my client was “operating a moving vehicle/ vehicle” while intoxicated, and dismissed all of the charges.
THE CODE OF CRIMINAL PROCEDURE (EXCERPT) Act 175 of 1927
(g) “Vehicle” means that term as defined in section 79 of the Michigan vehicle code, 1949 PA 300, MCL 257.79. (below)
MICHIGAN VEHICLE CODE (EXCERPT) Act 300 of 1949
Sec. 79.
“Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices exclusively moved by human power or used exclusively upon stationary rails or tracks and except, only for the purpose of titling and registration under this act, a mobile home as defined in section 2 of the mobile home commission act, Act No. 96 of the Public Acts of 1987, being section 125.2302 of the Michigan Compiled Laws.(4)
“Motor vehicle” means every vehicle that is self-propelled, but for purposes of chapter 4, motor vehicle does not include industrial equipment such as a forklift, a front-end loader, or other construction equipment that is not subject to registration under this act.
Motor vehicle does not include a power-driven mobility device when that power-driven mobility device is being used by an individual with a mobility disability.
Motor vehicle does not include an electric patrol vehicle being operated in compliance with the electric patrol vehicle act, 1997 PA 55, MCL 257.1571 to 257.1577.
Motor vehicle does not include an electric personal assistive mobility device. Motor vehicle does not include an electric carriage.
Motor vehicle does not include a commercial quadricycle. Motor vehicle does not include an electric bicycle. Motor vehicle does not include an electric skateboard.
FOOTNOTES
Footnote –(1)
Mi Crim Jury Instructions 15.1, 15.1a, 15.2, 15.3
Footnote –(2)
777.1 Definitions.
THE CODE OF CRIMINAL PROCEDURE (EXCERPT) Act 175 of 1927
Sec. 1. As used in this chapter:
(a) “Aircraft” means that term as defined in section 2 of the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.2.
(b) “Departure” means that term as defined in section 31 of chapter IX.
(c) “Homicide” means any crime in which the death of a human being is an element of that crime.
(d) “Intermediate sanction” means that term as defined in section 31 of chapter IX.
(e) “ORV” means that term as defined in section 81101 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.81101.
(f) “Snowmobile” means that term as defined in section 82101 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.82101.
(g) “Vehicle” means that term as defined in section 79 of the Michigan vehicle code, 1949 PA 300, MCL
257.79.
(h) “Vessel” means that term as defined in section 80104 of the natural resources and environmental
“Motor vehicle” means every vehicle that is self-propelled, but for purposes of chapter 4, motor vehicle does not include industrial equipment such as a forklift, a front-end loader, or other construction equipment that is not subject to registration under this act. Motor vehicle does not include a power-driven mobility device when that power-driven mobility device is being used by an individual with a mobility disability. Motor vehicle does not include an electric patrol vehicle being operated in compliance with the electric patrol vehicle act, 1997 PA 55, MCL 257.1571 to 257.1577. Motor vehicle does not include an electric personal assistive mobility device. Motor vehicle does not include an electric carriage. Motor vehicle does not include a commercial quadricycle. Motor vehicle does not include an electric bicycle. Motor vehicle does not include an electric skateboard.
Sec. 79. “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices exclusively moved by human power or used exclusively upon stationary rails or tracks and except, only for the purpose of titling and registration under this act, a mobile home as defined in section 2 of the mobile home commission act, Act No. 96 of the Public Acts of 1987, being section 125.2302 of the Michigan Compiled Laws.
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law and turn your defense into an offense. Call Now 248-357-2550
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You can be arrested for DUI when on private property. Private means only so much. Michigan’s drunk driving law allows the police to arrest you for DUI or OUI even if you’re on your own property!
(1) A person, whether licensed or not, shall not operate a vehicle on a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person is operating while intoxicated.
The Michigan Supreme Court says a driveway is no refuge for a drunken driver.
The court says Northville authorities could charge Gino Rea with drunken driving, even if his car never left the driveway. The court says a driveway is “generally accessible to motor vehicles” under state law, even if on private property.
Police went to Rea’s home three times one day in 2014 to respond to noise complaints. At one point, an officer saw him drive out of the garage and pull back in. His blood-alcohol level was three times the legal limit.
In a dissent Monday, justices Bridget McCormack and David Viviano say the court should be “hesitant to assume” that lawmakers wanted to extend their reach to the private property of homeowners.
Can you consume cannabis and drive on private property in Michigan?
Marijuana and driving laws in Michigan prohibit operating a vehicle under the influence, consuming while operating a vehicle and smoking as a passenger in the passenger compartment. One would assume that drinking and consuming cannabis lead to a driving or operating under the influence issue and the answer would be.. NOPE
(e) consuming marihuana in a public place or smoking marihuana where prohibited by the person who owns, occupies, or manages the property, except for purposes of this subdivision a public place does not include an area designated for consumption within a municipality that has authorized consumption in designated areas that are not accessible to persons under 21 years of age;
(g) consuming marihuana while operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat, or smoking marihuana within the passenger area of a vehicle upon a public way;
(1) Except as provided in subsections (2) and (5), a person who is an operator or occupant shall not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle upon a highway, or within the passenger area of a moving vehicle in …
Can a passenger consume cannabis in a car in Michigan?
(g) consuming marihuana while operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat, or smoking marihuana within the passenger area of a vehicle upon a public way;
Legal Defense-DUI-OUI-Cannabis-Criminal in Michigan
Here’s the transportation laws
MICHIGAN VEHICLE CODE (EXCERPT) Act 300 of 1949
257.624a Transportation or possession of alcoholic liquor in open or uncapped container open or upon which seal broken; violation as misdemeanor; exception; subsections (1) and (2) inapplicable to passenger in commercial quadricycle; definitions.
Sec. 624a.
(1) Except as provided in subsections (2) and (5), a person who is an operator or occupant shall not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle upon a highway, or within the passenger area of a moving vehicle in any place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, in this state.
(2) Except as otherwise provided in subsection (5), a person may transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles in this state, if the vehicle does not have a trunk or compartment separate from the passenger area, and the container is in a locked glove compartment, behind the last upright seat, or in an area not normally occupied by the operator or a passenger.
(3) A person who violates this section is guilty of a misdemeanor. As part of the sentence, the person may be ordered to perform community service and undergo substance abuse screening and assessment at his or her own expense as described in section 703(1) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703. A court shall not accept a plea of guilty or nolo contendere for a violation of this section from a person charged solely with a violation of section 625(6).
(4) This section does not apply to a passenger in a chartered vehicle authorized to operate by the state transportation department.
(5) Except as otherwise provided in this subsection, unless prohibited by local ordinance, subsections (1) and (2) do not apply to a passenger in a commercial quadricycle. A passenger in a commercial quadricycle shall not transport or possess alcoholic liquor other than beer, wine, spirits, or a mixed spirits drink.
(6) As used in this section:
(a) “Glove compartment” means a recess with a hinged and locking door in the dashboard of a motor vehicle.
(b) “Passenger area” means the area designed to seat the operator and passengers of a motor vehicle while it is in operation and any area that is readily accessible to the operator or a passenger while in his or her seating position, including the glove compartment.
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