Do You Have A Ann Arbor DUI Question?
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Like most states, Michigan's DUI laws carry stiff penalties (partly to comply with federal standards for receiving highway funds). Unlike some states, Michigan also now has an OWVI (Operating While Visibly Impaired) law, which sets a different standard for impairment and a different set of penalties. Here's a brief rundown of the penalties for DUI/OWI (Operating While Intoxicated) and OWVI offenses in Michigan:
1st OFFENSE:
- Jail Time: Up to 93 days
- License Suspension: Up to 6 Months (eligibility for provisional/restricted license in 30 days)
- License Points: 6
- Fines: $100-500, with a $1000 Driver Responsibility surcharge for two years
Other possibilities might include an ignition interlock, vehicle immobilization or up to 360 hours of community service.
2nd OFFENSE (within 7 years):
- Jail Time: 5 days to 1 year
- License Suspension: Minimum of 1 year
- License points: 6
- License plate confiscation
- Vehicle Immobilizaion for 90 to 180 days, unless vehicle is forfeited
- Fine: $200-1000, plus $1000/year in Driver Responsibility surcharge for two years
- Ignition Interlock
- Other possibilities might include 30 to 90 days community service.
- 3rd OFFENSE (within lifetime):
- FELONY
- Jail: Probation with 30 days to 1 year
- Imprisonment: 1 to 5 years
- License Plate Confiscation
- License Suspension: Minimum of 1 year (NO hardship or provisional license)
- License Points: 6
- Vehicle Immobilization: 90 to 180 days (unless vehicle is forfeited)
- Ignition Interlock Device
- Fines: $200-1000, with $1000/year in Driver Responsibility surcharge for two years
Ann Arbor OWVI
Under Michigan law, you can be charged with OWVI even if you are under the legal limit of .08 BAC, or if you are under the influence of prescription or street drugs. Driving with any amount of a Schedule I drug (heroin, cocaine, barbiturates, etc) in your blood is a crime in Michigan. The penalties for OWVI are as follows:
- Jail: up to 93 days
- Fine: up to $300
- Driver's license restriction for 90 days (180 days if controlled substance)
- Possible vehicle immobilization
- Four points on driver's license
- $500/year in Driver Responsibility surcharge for two years
- SECOND OFFENSE
- Fine: $200-1000
- Jail: Five days to one year
- Community service: 30 to 90 days
- License plate confiscation
- Driver's license revocation for minimum of one year
- Possible forfeiture of vehicle
- Four points on driver's license
- $500/year in Driver Responsibility surcharge for two years
- THIRD OFFENSE
- Fine: $500-5000
- Prison: One to five years
- Probation with 30 days to one year in jail
- 60-180 days community service
- Driver's license revocation for a minimum of five years
- License plate confiscation
- Vehicle immobilization for one to three years, with possible vehicle forfeiture
- Denial of vehicle registration
- Four points on driver's license
- $500 in Driver Responsibility Fees for two years
In cases where a death or serious injury are involved, the penalties become much harsher. Any OWI/OWVI/DWLS (Driving While License Suspended) accident that involves a death or injury is considered a felony, with a "second offense" meaning ANY prior crime within the last seven years. In cases of death, the offender can face 15 years in prison, a $2500-10,000 fine or both. An injury can result in five years imprisonment and a $1000-5000 fine or both. The death of an emergency responder will result in up to 20 years in prison, with a $2500-10,000 fine. The laws also offer prosecutors a full slate of driver's license revocation, vehicle immobilization, vehicle forfeiture and other options.
Open intoxicants (broken seal) in a motor vehicle will bring a $100 fine on the first offense. Second offense is a 30 day license suspension, with a restriction for 60 more days. Third offense brings a 60 day license suspension with restrictions for the remaining 305 days of a year. Second and third offenses also result in two points against the driver's license.
Michigan also has zero tolerance for alcolhol and minors under 21, and mandatory driver's license suspensions for drug violations (even if they aren't vehicle- or traffic-related). A first drug offense results in a 6-month driver's license suspension (with a provisional license in 30 days); second offense means a year's suspension (provisional license in 60 days). The provisional license will also require $125 license reinstatement fee (over and above any other fees).
Michigan also has "implied consent" laws, meaning that by holding a Michigan driver's license, you automatically forfeit your right to refuse a blood, urine or breath test if suspected of DUI. Along with a field sobriety test, an officer may ask you to take a Prelimary Breath Test at the roadside; refusal of the PBT will tack on a civil infraction with $150 in court costs along with a possible DUI. Michigan also has laws to expedite DUI/OWI cases and make a decision within a 77-day window.
As always -- the best defense against a DUI/OWI in MIchigan is to not risk it in the first place. Don't drink and drive!
