Michigan OWI OWVI DUI Laws
The maximum prescribed legal BAC limit in Michigan is 0.08% per se
(effective from Sep 30th 2003)
Michigan Drunk Driving Laws (If you’ve been charged with Michigan OWI, the law allows 14 days for your Michigan OWI - DUI Lawyer to make a request with the Drivers Assessment and Appeals Division for a hearing to save your driving license)
DUI (Driving Under the Influence), OWI (Operating While Intoxicated), and OWVI (Operating While Visibly Impaired) are all terms used to describe drunk driving charges in the state of Michigan.
!! CAUTION - OPERATING WHILE VISIBLY IMPAIRED !!
(OWVI)
You can be charged without being over the prescribed legal BAC limit.
The prosecution must show that the driver was IMPAIRED by alcohol and/or drugs. The level of impairment is usually based on observations and evidence of driving ability (or rather inability), physical appearance, field sobriety tests, chemical test results and any other relevant evidence which can help prove a persons driving ability was indeed impaired. Different amounts of alcohol can affect people in different ways, what may impair one persons driving ability and make them feel drunk, might not necessarily impair another persons driving ability.
You can be charged with this offence regardless of your BAC level, as long as impairment can be proved to the legal extent necessary. |
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Michigan OWI Laws and BAC limits
ALL DRIVERS - BAC LIMIT = 0.08%
In the State of Michigan it is crime for ANY driver to drive with a BAC (blood alcohol content - concentration) of 0.08% and above.
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
It is a crime for commercial vehicle operators to drive with a BAC (blood alcohol content - concentration) of 0.04% or above.
MINOR (under the age of 21) - BAC LIMIT = 0.02%
It is a crime for persons under 21 years of age to drive with a BAC (blood alcohol content - concentration) of 0.02% or above.
It is a crime to refuse to submit to a chemical test in Michigan and implied consent laws are enforced.
Penalties for OWI - Drunk Driving in Michigan
Michigan is a state with a seven-year ‘washout period’ also known as a 'look back period'.
NOTE: OWI and OWVI
OWI (operating a vehicle while intoxicated) is classed as operating a vehicle with enough alcohol and/or drugs in a persons body to substantially affect their ability to operate the vehicle safely or operating a vehicle with a BAC of 0.08 or more.
OWI Penalties
OWVI (operating a vehicle while visibly impaired) is operating a vehicle with enough alcohol and/or drugs in a persons body to make the visibly impaired to do so.
OWVI Penalties
OWI PENALTIES
First OWI - Drunk Driving Conviction - MISDEMEANOR
The penalty for a first OWI - drunk driving conviction in Michigan:
- Fine: $100 to $500 fine ($200 to $700 if BAC 0.17 or more (super drunk / high bac))
- Jail: up to 93 days in jail (180 days if BAC 0.17 or more (super drunk / high bac))
- License Suspension: 180 days drivers license suspension (1 year drivers 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)
- Ignition Interlock: possible ignition interlock restriction for a period of at least 1 year upon license re-instatement
- up to 360 hours community service
- alcohol screening and assessment followed by any treatment programs required
- possible vehicle immobilization
- 6 points added to driving record
- Michigan SR22 insurance requirement
Second OWI - Drunk Driving Conviction - MISDEMEANOR
The penalty for a second OWI - drunk driving conviction in Michigan:
- Fine: $200 to $1,000 fine
- Jail: 5 days to 1 year in jail
- License Revocation : 1 year drivers license revocation
- Ignition Interlock: possible ignition interlock restriction for a period of at least 1 year upon license re-instatement
- 30 to 90 days community service
- alcohol screening and assessment followed by any treatment programs required
- license plate confiscated
- vehicle immobilization 90 to 180 days unless vehicle is forfeited
- 6 points added to driving record
- Michigan SR22 insurance requirement
Third (and subsequent) OWI - Drunk Driving Conviction - Felony
A third offense is classed as a felony regardless of when previous offenses were committed.
The penalty for a third OWI - drunk driving conviction in Michigan:
- Fine: $500 to $5,000 fine
- Jail: 1 to 5 years imprisonment OR probation & 30 days to 1 year in jail
- License Revocation: minimum 5 year drivers license revocation
- 60 to 180 days community service
- Ignition Interlock: possible ignition interlock restriction for a period of at least 1 year upon license re-instatement
- alcohol screening and assessment followed by any treatment programs required
- license plate confiscated
- vehicle immobilization 1 to 3 years unless vehicle is forfeited
- registration denial
- 6 points added to driving record
- SR22 insurance requirement
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OWVI PENALTIES
First OWVI - Drunk Driving Conviction - MISDEMEANOR
The penalty for a first OWVI - drunk driving conviction in Michigan:
- Fine: up to $300 fine
- Jail: up to 93 days in jail
- License Suspension: 90 days driver license suspension
- (ignition interlock restricted license may be available for entire period of suspension)
- Ignition Interlock: possible ignition interlock restriction for a period of at least 1 year upon license re-instatement
- up to 360 hours community service
- up to 360 hours community service
- alcohol screening and assessment followed by any treatment programs required
- possible vehicle immobilization
- 4 points added to driving record
- Michigan SR22 insurance requirement
Second OWVI - Drunk Driving Conviction - MISDEMEANOR
The penalty for a second OWVI - drunk driving conviction in Michigan:
- Fine: $200 to $1,000 fine
- Jail: 5 days to 1 year in jail
- License Revocation: minimum 1 year driver license revocation
- license plate confiscation
- Ignition Interlock: possible ignition interlock restriction for a period of at least 1 year upon license re-instatement
- 30 to 90 days community service
- alcohol screening and assessment followed by any treatment programs required
- vehicle immobilization 90 to 180 days unless vehicle is forfeited.
- 4 points added to driving record
- Michigan SR22 insurance requirement
Third (and subsequent) OWVI - Drunk Driving Conviction - Felony
A third offense is classed as a felony regardless of when previous offenses were committed.
The penalty for a third OWVI - drunk driving conviction in Michigan:
- Fine: $500 to $5,000 fine
- Jail: 1 to 5 years in prison OR probation & 30 days to 1 year in jail
- License Revocation: minimum 5 years driver license revocation
- license plate confiscation
- Ignition Interlock: possible ignition interlock restriction for a period of at least 1 year upon license re-instatement
- 60 to 180 days community service
- alcohol screening and assessment followed by any treatment programs required
- vehicle immobilization 1 to 3 years unless forfeited
- 4 points added to driving record
- Michigan SR22 insurance requirement
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Implied consent LAWS
It is an offense to refuse to submit to a chemical test in Michigan and implied consent laws are enforced.
Penalties for refusing to submit to a chemical test in Michigan
In Michigan, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.
First chemical test refusal
Second (and subsequent) chemical test refusal
If a person refuses to take a Preliminary Breath Test (PBT) at the roadside, this will be classed as a civil infraction and they can be fined up to $150 plus court costs.
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Michigan SR22 insurance (High Risk auto Insurance)
Michigan SR-22 auto insurance is usually required for a period of 3 years after a DUI - OWI - drunk driving - alcohol related driving conviction and can be very expensive if you go with the wrong provider. Some insurance companies will not even do an SR22 insurance filing. Get a FREE SR22 DUI auto insurance quote and compare rates to find the best deal, simply enter your ZIP code above and you can be comparing prices for Michigan auto insurance in a matter of minutes.
Minimum liability insurance requirements for private passenger vehicles in the state of Michigan
The minimum mandatory liability insurance coverage required in the state of Michigan for private passenger vehicles is (20/40/10). This equates to the following liability coverage:
- $20,000 bodily injury liability (BIL) per person
- $40,000 for two or more people in one accident
- $10,000 property damage liability (PDL) coverage
You must also carry personal injury protection (PIP) and property protection insurance (PPI).
What is (BIL) Bodily Injury Liability insurance?
(BIL) Bodily Injury Liability insurance coverage will pay for serious and permanent injury or death to other people when a crash is caused by the insured. An auto insurance company will pay for injuries up to the limits specified in an insurance policy and will provide legal representation for the insured in the event someone tries to sue them.
What is (PDL) Property Damage Liability insurance?
(PDL) Property Damage Liability insurance coverage pays for damages an insured driver or members of an insured drivers family cause (and are liable for) to other people's property in a crash involving a motor vehicle. Top of page
FREE DUI / DWI Case evaluation & by local Michigan Lawyer
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Protect your rights! Talk to a local DUI lawyer
Michigan DUI cases tend to move quickly through the system, and there may be important deadlines that affect your right to assert certain defenses or call witnesses. It’s important that you understand the process your Michigan drunk driving case will follow and the important requirements and deadlines before you take any action—but you can’t afford to delay.
Talk to a local Michigan Drunk Driving Attorney as soon as possible to gather important information such as:
• What penalties do you face if convicted of DUI in Michigan?
• What are the indirect penalties, such as increased insurance rates and diminished job opportunities in Michigan?
• Does Michigan have a mandatory ignition interlock device law?
• Was your breathalyzer or blood alcohol content (BAC) test properly administered in accordance with Michigan laws and procedures ?
• When and how can you get your driver’s license reinstated in Michigan?
It’s easy to make mistakes under pressure, so make sure that you have the information you need to make good, educated decisions during this process. Contact a local Michigan criminal defense attorney specializing in Michigan drunk driving laws today. |
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Disclaimer: While every effort is made to keep all information up to date, the Michigan drunk driving laws change frequently and the information provided on this web site should not be construed as legal advice, nor is it necessarily complete. Drinkdriving.org shall not be held responsible for any actions a person may take as a result of information gathered from this web site. Consultation with a local Michigan DUI lawyer is recommended in all cases.
Useful Michigan OWI Links:
OWI - OWVI - Drunk Driving Laws in Michigan
Michigan Drivers Manual
Michigan SR22 Insurance Requirement
Michigan Department of Transportation
Michigan State Courts
Michigan Office of Financial and Insurance Regulation
Michigan OWI - DUI Lawyers
Michigan OWI - DUI discussion forum
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