DUI - Drunk Driving in Michigan

It is illegal to drive if your BAC is 0.08 or higher or your ability to drive is impaired due to the consumption of drugs or alcohol.  Penalties range from fines and costs to jail or imprisonment.  These penalties are detailed in the Michigan Vehicle code, Section 257.625.  Almost all convictions for drunk or drugged driving carry consequences to your driver's license.  It is critical that you get an attorney involved as soon as you can so a plan of action tailored to your specific circumstances can be crafted from the start.                                                       

Yes!  It is a common misconception that the only way you can get a drunk or drugged driving charge dismissed is if you have a trial.  This is absolutely not true.  While it is always good to be able to recognize and bring a strong legal challenge (i.e., challenging the stop or challenging the breath or blood test) it is not always an available option.  Don't let this discourage you.  Each case is looked at individually and everyone has different life circumstances that can offer justification to the prosecutor to dismiss your charge.   In many instances a well prepared deviation brief sent to the head prosecutor will get the negotiations off to a good start.  This can result in closing the case with a civil infraction that will prevent you from having a criminal record.

If you have been arrested for drunk driving or driving under the influence of a drug, you need to contact us as soon as possible.  We have years of experience presenting our client's facts to the prosecution and getting very favorable results.                                                                                                                                 

While some OWI offenses have mandatory jail sentences it is not the case for every charge.  In fact, for a first DUI conviction most judges in Michigan will not hand out a jail sentence.  But, this will require a well crafted sentencing argument on your behalf. We are extremely committed to listening to your side of the story and learning about your life so we can give clear and concise reasons to the Judge as to why you shouldn't be put in jail.  

We also have extensive experience in working with and getting our clients into adult treatment courts and alternative sentencing programs to greatly reduce any offenses that might require mandatory jail time.     

Being familiar with the different substance abuse crimes and what programs are available allow us to come up with original solutions tailored to each individual client.  We do not "boiler plate" anything.                      

For good? No.  But, I'm not going to sugar coat the circumstances of being convicted of a driving while drinking or drugged offense in Michigan.  The Secretary of State controls what happens to your driver's license, not the courts, which makes things a bit tough for you.

Most substance abuse convictions, whether it be driving while drunk or driving while intoxicated by a drug, carry some amount of drivers license restrictions; and once you start racking up more than one you get into the license suspension and revocation territory.  Having your driver's license revoked is a serious event and affects your life far more than going to jail for a few days ever would.  Not having a driver's license affects your employment, schooling and your family.

Take a closer look below at Michigan's drinking and driving crimes and punishments and give us a call if you need help. 

Operating While Impaired does not require hitting that dreaded 0.08 number.  All the law requires is that your ability to drive was lessened to the point that it was noticed by another person.  Here are the penalties if convicted:

Criminal Penalties:

• This is a misdemeanor that will go on your record 
• Punishable by up to 93 days in jail
• Fines up to $300 and additional court costs
• Community service up to 360 hours

What will happen to my driver's license?

• 90 days restricted license if impaired by alcohol
• 180 days restricted license if impaired by drugs
• 4 Points

Operating While Intoxicated is the most commonly charged offense in Michigan.  It requires your blood alcohol content be above the legal limit of 0.08 and is established with a blood or breath test.  Here are the penalties if convicted:

Criminal Penalties:

• This is a misdemeanor that will go on your record 
• Punishable by up to 93 days in jail
• Fines up to $500 and additional court costs
• Community service up to 360 hours

What will happen to my driver's license?

• 30-day license suspension followed by 150 days restricted license
• 6 Points

If you were convicted for impaired driving or operating while intoxicated in the past and you do it again you are now charged with Operating While Intoxicated - Second Offense. Penalties and fines will increase and If the first time happened within the past 7 years the effect on your driver's license will be devastating. Here are the penalties if convicted:

Criminal Penalties:

• This is a misdemeanor that will go on your record
• Punishable by up to 1 year in jail, with a mandatory minimum of 5 days
• Fines up to $1000 and additional court costs

What will happen to my driver's license?

• 30-day license suspension followed by 150 days restricted license
• Second Offense within 7 years of your first offense - Your license will be revoked for 1 year and the only way to get it back is with a petition to the Secretary of State.
• 6 Points

If you were convicted of Operating While Intoxicated - 3rd Offense you are now being charged with a felony. This is the highest charged offense and the penalties are the most severe on your personal freedom as well on your ability to obtain a driver's license.  Here are the penalties if convicted:

Criminal Penalties:

• This is a misdemeanor that will go on your record
• Punishable by up to 1-5 years in prison; or
• Punishable by up to a minimum of 30 days to 1 year of jail followed by Probation
• Fines up to $5000 and additional court costs
• Vehicle Forfeiture

What will happen to my driver's license?

• Your license will be revoked for 1 or 5 years depending on when your prior convictions were and the only way to get it back is with a petition to the Secretary of State.
• 6 Points

This charge is known throughout Michigan as "superdrunk".  All that needs to happen here is for the prosecution to prove that your blood alcohol content (BAC) was 0.17 or higher.  This is twice the legal limit of 0.08.  Here are the penalties if convicted: 

Criminal Penalties:

• This is a misdemeanor that will go on your record
• Punishable by up to 180 days in jail
• Fines up to $700 with additional court costs 
• Community service up to 360 hours

What will happen to my driver's license?

• 45-day license suspension followed by 320 days restricted license with the Ignition Interlock installed
• 6 Points

Being accused of drunk driving and causing the death of another person is devastating and if convicted you will be facing an extremely harsh punishment.  Prosecutors will do everything they can to obtain a conviction and will absolutely assume that your BAC or visible impairment is what caused the accident. It is imperative that you contact an experienced team of lawyers to investigate your case and to ensure you are not wrongfully accused.  Here are the penalties if convicted:

Criminal Penalties:

• This is a felony that will go on your record
• Punishable by up to 15 years in prison
• Punishable by up to 20 years if the accident caused the death of an emergency or construction worker
• Fines up to $2500 - $10,000 with additional court costs
• Mandatory vehicle immobilization

What will happen to my driver's license?

• Your license will be revoked and the only way to get it back is with a petition to the Secretary of State
• 6 Points

Placing a child in danger is a crime that is harshly punished in Michigan and this terminology is often confused.  If you are charged with OWI and Child Endangerment, simply putting a child in harms way is enough to get you charged even if the child was never actually injured.  There are many different behaviors that will meet the elements of this crime so hiring a skilled attorney to make sure you are not wrongfully accused is important.  Contact us right away so we can start working on your case.  Here are the penalties if convicted:

Criminal Penalties:

• This is a misdemeanor or felony depending on the circumstances and will go on your record
• Punishable by up to 1 year in jail with a minimum of 5 days if this is your first offense
• Fines up to $1000 with additional court costs

What will happen to my driver's license?

• 90-day license suspension followed by 90 days restricted license
• 6 Points