Michigan OWI/DUI OWVI Laws
Overview of the penalties upon conviction of OWI and OWVI in Michigan
Michigan OWI OWVI DUI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.
If you've been charged with OWI in Michigan, the law allows only 14 days for a Michigan OWI Lawyer to make a request with the Drivers Assessment & Appeals Division for a hearing to help save your drivers license.
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
What are the penalties for OWI in Michigan?
The penalties for operating while intoxicated in Michigan will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.
MI OWI Penalties
Michigan is a state with a 7 year 'washout period' also known as a 'look back period'
1st OWI Offense / Conviction - Misdemeanor
The penalty upon conviction of a first OWI offense 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
- MI SR22 Insurance (proof of financial responsibility) Requirement
2nd OWI Offense / Conviction - Misdemeanor
The penalty upon conviction of a second OWI offense 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
- MI SR22 Insurance (proof of financial responsibility) Requirement
3rd OWI Offense / Conviction - Felony
A third or subsequent offense is classed as a felony regardless of when previous offenses were committed.
The penalty upon conviction of a third OWI offense 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
- MI SR22 Insurance (proof of financial responsibility) Requirement
MI OWVI Penalties
Michigan is a state with a 7 year 'washout period' also known as a 'look back period'
1st OWVI Offense / Conviction - Misdemeanor
The penalty upon conviction of a first OWVI offense 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
- MI SR22 Insurance (proof of financial responsibility) Requirement
2nd OWVI Offense / Conviction - Misdemeanor
The penalty upon conviction of a second OWVI offense 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
- MI SR22 Insurance (proof of financial responsibility) Requirement
3rd (& subsequent) OWVI Offense / Conviction - Felony
A third or subsequent offense is classed as a felony regardless of when previous offenses were committed.
The penalty upon conviction of a third OWVI offense 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
- MI SR22 Insurance (proof of financial responsibility) Requirement
Implied Consent (Chemical Testing) Laws
It is an offense to refuse to submit to a chemical test in Michigan and implied consent laws are enforced.
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
- License Suspension: 1 year drivers license suspension
- Ignition Interlock: possible ignition interlock restriction for a period of at least 1 year upon license re-instatement
- 6 points added to driving record
- MI SR22 Insurance (proof of financial responsibility) Requirement
Second (and subsequent) chemical test refusal
- License Suspension: 2 years drivers license suspension
- Ignition Interlock: possible ignition interlock restriction for a period of at least 1 year upon license re-instatement
- 6 points added to driving record
- MI SR22 Insurance (proof of financial responsibility) Requirement
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.
What is the legal alcohol limit in Michigan
The maximum legal BAC (blood alcohol content) limits in Michigan for driving are as follows:
ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of Michigan it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.
DRIVERS UNDER 21 - BAC LIMIT = 0.02%
In the State of Michigan it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.02% or more, by weight, of alcohol in his/her blood.
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of Michigan it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.
It is an offense to refuse to submit to a chemical test in Michigan and implied consent laws are enforced.
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