DUI & DWI in Michigan

Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!

Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.

In Michigan, the offense is called as Operating While Visibly Impaired (OWVI – ability to operate a vehicle is visibly affected due to alcohol consumption) and Operating While Intoxicated (OWI – BAC of 0.08 or more) or Operating With Presence of Drugs (OWPD).

In Wisconsin, the Blood Alcohol Content (BAC) limit is set at:

0.08%  – for drivers over 21 years of age

0.04%  – for commercial drivers (CDL)

0.02%  – for drivers under 21 years of age

Having a license in the state of Michigan automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result your license will be automatically suspended for 1 year and 6 points will be added to your driving record. This is in addition to any penalties you’ll receive if you are convicted of drunk driving. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice. Michigan’s State Department provides very comprehensive additional information about drinking and driving laws in its informative write-up, Substance Abuse and Driving.

Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.

Generally, expect to go to court and have adjudication within 77 days.

THE FIRST OWI/OWPD OFFENSE:

• Imprisonment for up to 93 days.
• $100 to $500 fine.
• 6 points will be added to your driving record.
• Your license will be suspended for 30 days and restricted for 150 days thereafter.
• You may be eligible to drive using the Restricted License if you meet the conditions.
• Possible ignition interlock.
• Your vehicle may be immobilized.
• You may have to undertake community service of up to 360 hours.
• For OWPD: you may have to pay $500 as Driver Responsibility Fee for 2 successive years.
• For OWI: you may have to pay $1,000 as Driver Responsibility Fee for 2 successive years.

THE FIRST OWVI OFFENSE:

• Imprisonment of 5 days to 1 year.
• $200 to $1,000 fine.
• 4 points will be added to your driving record.
• Your license will be restricted for 90 days.
• Your vehicle may be immobilized.
• You may have to undertake community service of up to 360 hours.
• You may have to pay $500 as Driver Responsibility Fee for 2 successive years.

(within 7 years)  “Habitual Offender”

THE SECOND OWI/ OWPD OFFENSE IN 7 YEARS:

• Is treated as a Felony.
• Imprisonment for between 5 days to 1 year.
• $200 to $1000 fine.
• 6 points will be added to your driving record.
• Your license will be revoked or denied for at least 1 year.
• You may be eligible to drive using the Restricted License if you meet the conditions.
• You may also have to undertake 30 to 90 days of community service.
• Your vehicle’s metal license plate will be destroyed by the law enforcement officer irrespective of whether you own the vehicle or not. A new plate can be issued only once the court resolves your case.
• Your vehicle may be immobilized for 90 to 180 days or forfeited.
• You may have to mandatorily undergo treatment for substance abuse.
• You may face registration denial.
• For OWI: you may have to pay $1,000 as Driver Responsibility Fee for 2 successive years.
• For OWPD: you may have to pay $500 as Driver Responsibility Fee for 2 successive years.

THE SECOND OWVI OFFENSE IN 7 YEARS:

• Imprisonment of 5 days to 1 year.
• $200 to $1,000 fine.
• 4 points will be added to your driving record.
• Your license will be revoked or denied for at least 1 year.
• Your vehicle’s metal license plate will be destroyed by the law enforcement officer irrespective of whether you own the vehicle or not. A new plate can be issued only once the court resolves your case.
• 30 to 90 days community service.
• Your vehicle may be immobilized for 90 to 180 days or forfeited.
• You may also have to pay $500 as Driver Responsibility Fee for 2 successive years.

(in 10 years) “Habitual Offender”

THE THIRD OWI/ OWPD OFFENSE IN 10 YEARS:

• Imprisonment for 1 to 5 years.
• $500 to $5,000 fine.
• 6 points will be added to your driving record.
• Your license will be revoked or denied for at least 5 years.
• Your vehicle’s metal license plate will be destroyed by the law enforcement officer irrespective of whether you own the vehicle or not. A new plate can be issued only once the court resolves your case.
• Your vehicle may be immobilized for 1 to 3 years or forfeited.
• You may have to mandatorily undergo treatment for substance abuse.
• You may face registration denial of all leased and owned vehicles.
• You may have to undertake community service for 60 to 180 days.
• For OWI: you may have to pay $1,000 as Driver Responsibility Fee for 2 successive years.
• For OWPD: you may have to pay $500 as Driver Responsibility Fee for 2 successive years.

THE THIRD OWVI OFFENSE IN 10 YEARS:

• Imprisonment of 1 to 5 years.
• $500 to $5,000 fine.
• 4 points will be added to your driving record.
• Your license will be revoked or denied for at least 5 years.
• Your vehicle’s metal license plate will be destroyed by the law enforcement officer irrespective of whether you own the vehicle or not. A new plate can be issued only once the court resolves your case.
• Your vehicle may be immobilized for 1 to 3 years or forfeited.
• You may also have to pay $500 as Driver Responsibility Fee for 2 successive years.
• You may have to undertake community service for 60 to 180 days.
• You may face registration denial.

1st Offense

• Your license may be restricted for 30 days.
• You may also have to undertake up to 360 hours of community service.
• Pay a $250 fine.
• Pay $500 as Driver Responsibility Fee for 2 successive years.
• 2 points will be added to your driving record.

2nd Offense (in 7 years)

• Your license will be suspended for 90 days to 1 year.
• You may have to undertake up to 60 days of community service.
• Pay $500 fine.
• Pay $500 Driver Responsibility Fee for 2 successive years.
• 4 points will be added to your driving record.

3rd Offense (in 10 years)

• You will have to pay a $500 fine.
• Your license may be restricted for 305 days/ suspended for 60 days.
• You may also have to undergo community service.
• Alcohol screening also may be ordered.

• Points will be added to your driving record and you will be barred from driving a commercial vehicle for 1 year, if you are convicted for your BAC being higher than 0.04% but less than 0.08%. You will also be issued an “out-of-service” order valid for 24 hours by the arresting officer if you have an Unlawful Bodily Alcohol Content (UBAC) of .015 grams or more or if you refuse to submit to a test.
• You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
• You will be barred from driving a commercial vehicle for at least 10 years if you are convicted for any of these offenses for the second time.
• Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties may also be applicable.
• If you are convicted for DUI/DWI when driving a non Commercial vehicle, then your CDL may be suspended or revoked subject to type and number of convictions. Your chauffer’s or operator license may also be revoked or suspended.

Michigan laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:

• The driver is age 21 and over and is driving with BAC 0.08% or more.
• The driver is under age 21 and is driving with BAC 0.02% or more.

If you are arrested for DUI/DWI, the arresting officer will destroy your Michigan driver license and issue a temporary 625g paper permit that permits you to drive till the court resolves your case, complete a notice of license suspension/revocation based on the nature of the offense along with a warrant, if applicable; and send the entire set to the Secretary of State. The driver can schedule an administrative hearing within 15 days of the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, their license will be suspended or revoked based on their previous driving record. If the driver has any alcohol related convictions or suspensions for this period, their license would be revoked or suspended. You may be eligible to drive using the Restricted License if you meet the conditions. The suspension or revocation begins after the final order of the hearing officer is mailed from the Secretary of State.

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Secretary of State once the period of suspension or revocation is over. Habitual offenders will have to reapply for their license to the Driver Assessment and Appeal Division (DAAD). Reinstating a license after a suspension of 1 year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

• To complete the reinstatement requirements, you must prove that you have successfully completed the approved substance abuse program or a comparable program (the agency will send the proof to the Secretary of State once you have completed the program), pay the reinstatement fee of $125, and maintain proof of financial responsibility by filing SR-22, if required.
• If you are being convicted for a second time, it is mandatory for the court to order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive.
• You can submit the reinstatement application and fees in person at a Secretary of State office near you. It is possible to pay reinstatement fees by VISA, MasterCard or Discover and fax your application to (517) 322-1063.
• You can also send the reinstatement package by mail to (the money order or check must be payable to “Secretary of State”:

Michigan Department of State

Distributed Services Unit

Lansing, Michigan 48918

• You can transport alcoholic beverages only when accompanied by a person over 21 years else you may be charged with Misdemeanor.
• If you refuse to take the Preliminary Breath Test (PBT) 2 points will be added to your driving record.
• Using fake ID to buy liquor will lead to imprisonment for 93 days and/or $100 fine.
• Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.