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Michigan DUI/OUIL/OWI/OWVI Penalties

News! - Michigan Passes new drunk driving laws:

Detroit, MI. (January 9, 2007) - On January 3, 2007 Governor Granholm signed into law legislation that removes the 10 year “look back” period for all drunk driving offenses. Under prior law, a third offense would be considered a felony only if it occurred within a prior 10-year time period. With this new amendment a driver arrested for drunk driving with two prior offenses, regardless of their age, will face felony charges. [read the press release]

The legal limit for blood alcohol content in Michigan is .08 BAC. Michigan DUI Laws put into effect as of 9/30/03 place the penalties as in the chart below for:

The old Michigan OUIL/UBAC laws for the crime of Operating Under the Influence of Intoxicating Liquor (OUIL) are obsolete and replaced with the new MI OWI laws. The OWVI laws remain, but there is no longer a BAC threshold to prove OWVI.

 

MI Criminal Charge

 MI OWVI/OWI Penalty

Operating While Intoxicated (OWI) - Under the Influence of alcoholic liquor, or .08 or greater
  • 93 days
  • Fines: $100 - $500
  • Community Service 360 hours (45 days)
  • May order ignition interlock during probation
  • Discretionary Vehicle Immobilization
Operating While Intoxicated (OWI)

Second (2nd) Offense

  • Jail: 5 Days - 1 Year
  • Fines: $200 - $1000
  • Community Service of not less than 30 days or not more than 90 days
  • May order ignition interlock during probation
  • Mandatory Vehicle Immobilization
Operating While Intoxicated (OWI)

Third (3rd) Offense

  • Prison: Not less than 1 Year or more than 5 years
  • Probation with Jail not less than 30 days nor more than 1 year
  • Fines: $500 - $5000
  • Community Service of not less than 60 days or not more than 180 days
  • May order ignition interlock during probation
  • Mandatory Vehicle Immobilization
Allowing a Person to operate a motor vehicle while intoxicated or BAC of over .08.
  • Jail: 93 days
  • Fine: $100 - $500
Allowing a Person to operate a motor vehicle while intoxicated or BAC of over .08 that causes a death.
  • Prison: Up to 5 years
  • Fine: $1500 - $10,000
Allowing a Person to operate a motor vehicle while intoxicated or BAC of over .08 that causes serious injury.
  • Prison: Up to 2 years
  • Fine: $100 - $5000
Operating While Impaired (OWVI)

No BAC Presumptions

  • 93 days
  • Fines: up to $300
  • Community Service 360 hours (45 days)
  • Discretionary Vehicle Immobilization
Operating While Impaired (OWVI)

Second (2nd) Offense

  • Jail: 5 Days - 1 Year
  • Fines: $200 - $1000
  • Community Service of not less than 30 days or not more than 90 days
  • Mandatory Vehicle Immobilization
Operating While Impaired (OWVI)

Second (3rd) Offense

 

  • Prison: Not less than 1 Year or more than 5 years
  • Probation with Jail not less than 30 days nor more than 1 year
  • Fines: $500 - $5000
  • Community Service of not less than 60 days or not more than 180 days
  • Mandatory Vehicle Immobilization
OWI Causing Death

Also included impaired and Schedule One drugs

  • 15 Years Prison
  • Fines: $2,500 - $10,000
  • Mandatory Vehicle Immobilization
  • Change in Sentencing Guidelines
OWI Causing Death of Police / Firefighter (violation of 257.653a)

Also included impaired and Schedule One drugs

  • 20 Years Prison
  • Fines: $2,500 - $10,000
  • Mandatory Vehicle Immobilization
  • Change in Sentencing Guidelines
OWI Causing Serious Injury

Also included impaired and Schedule One drugs

  • 5 Years
  • Fines: $1000 - $5000
  • Mandatory Vehicle Immobilization
Operating Under the Influence of Intoxication Liquor (OUIL) By Minor (.02 BAC)
  • Fines: $100 - $500
  • Community Service 360 hours (45 days)
Child Endangerment
  • Jail: 5 Days - 1 Year
  • Fines: $200 - $1000
  • Community Service of not less than 30 days or not more than 90 days
  • Mandatory Vehicle Immobilization

 

Child Endangerment,

Second (2nd Offense)

  • Prison: Not less than 1 Year or more than 5 years
  • Probation with Jail not less than 30 days nor more than 1 year
  • Fines: $500 - $5000
  • Community Service of not less than 60 days or not more than 180 days
  • Mandatory Vehicle Immobilization

 

Operating with Schedule One Controlled Substances and Cocaine Same Penalty as OWI
  • 93 days
  • Fines: up to $300
  • Community Service 360 hours (45 days)
  • Discretionary Vehicle Immobilization
Operating with Schedule One Controlled Substances and Cocaine, 

Second (2nd) Offense

Same Penalty as MI OWI, (2nd) Second Offense
  • Jail: 5 Days - 1 Year
  • Fines: $200 - $1000
  • Community Service of not less than 30 days or not more than 90 days
  • Mandatory Vehicle Immobilization
Operating with Schedule One Controlled Substances and Cocaine, 

Third (3rd) Offense

Same Penalty as MI OWI (3rd) Third Offense
  • Prison: Not less than 1 Year or more than 5 years
  • Probation with Jail not less than 30 days nor more than 1 year
  • Fines: $500 - $5000
  • Community Service of not less than 60 days or not more than 180 days
  • Mandatory Vehicle Immobilization

 

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