Michigan

michiganMichigan State Law

The State of Michigan OWI (Operating While Intoxicated) drunk driving law mandates that it is illegal to drive with a blood alcohol concentration (BAC) of .08 or above. For drivers under 21 or commercial drivers, that limit is lower. In addition to Michigan’s OWI law, Michigan has another law called the OWVI (Operating While Visibly Impaired) law. This law states that your ability to drive was visibly impaired because of the presence of drugs or alcohol (or both) in your body, even if below the legal limit. Operating a motor vehicle with any amount of a Schedule 1 drug (Cocaine, Barbiturates etc.) is illegal under Michigan’s OWVI law.

  • First Offense – Misdemeanor: $100 to $500 fine ($200 to $700 if BAC 0.17 or more—super drunk / high BAC), up to 93 days in jail (180 days if BAC 0.17 or more—super drunk / high BAC), 180-day license suspension (1 year license suspension if BAC 0.17 or more—super drunk / high BAC)) (ignition interlock restricted license may be available after first 30 days of suspension), possible ignition interlock restriction for a period of at least 1 year upon license reinstatement, up to 360 hours community service, alcohol screening and assessment followed by any treatment programs required, and possible vehicle immobilization.
  • Second Offense – Misdemeanor:  $200 to $1,000 fine, 5 days to 1 year in jail, 1 year license revocation, possible ignition interlock restriction for a period of at least 1 year upon license reinstatement, 30 to 90 days community service, alcohol screening and assessment followed by any treatment programs required, license plate confiscation, and vehicle immobilization for 90 to 180 days unless vehicle is forfeited.
  • Third and Subsequent Offense – Felony: $500 to $5,000 fine, 1 to 5 years imprisonment OR probation and 30 days to 1 year in jail, minimum 5 year license revocation, 60 to 180 days community service, possible ignition interlock restriction for a period of at least 1 year upon license reinstatement, alcohol screening and assessment followed by any treatment programs required, license plate confiscation, vehicle immobilization for 1 to 3 years unless vehicle is forfeited, and registration denial.

OWVI Offenses and Penalties

  • First Offense – Misdemeanor: up to $300 fine, up to 93 days in jail, 90-day driver license suspension (ignition interlock restricted license may be available for entire period of suspension), possible ignition interlock restriction for a period of at least 1 year upon license reinstatement, up to 360 hours community service, alcohol screening and assessment followed by any treatment programs required, and possible vehicle immobilization.
  • Second Offense – Misdemeanor: $200 to $1,000 fine, 5 days to 1 year in jail, minimum 1-year driver license revocation, license plate confiscation, possible ignition interlock restriction for a period of at least 1 year upon license reinstatement, 30 to 90 days community service, alcohol screening and assessment followed by any treatment programs required, and vehicle immobilization from 90 to 180 days unless vehicle is forfeited.
  • Third Offense – Felony: $500 to $5,000 fine, 1 to 5 years in prison OR probation and 30 days to 1 year in jail, minimum 5-year driver license revocation, license plate confiscation, possible ignition interlock restriction for a period of at least 1 year upon license reinstatement, 60 to 180 days community service, alcohol screening and assessment followed by any treatment programs required, and vehicle immobilization from 1 to 3 years unless forfeited.
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