In The 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.
Michigan DUI/OUIL/OWI/OWVI Penalties
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 listed below for:
Operating While Intoxicated (OWI);
Operating While Visibly Impaired (OWVI);
Operating Under the Influence of Schedule One Controlled Substances/Cocaine; or
Allowing a Person to Operate while Intoxicated:
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.
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 CocaineSame 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
