What Happens After a First Time DUI Offense In Michigan

How Severe is a 1st Offense DUI Charge in Michigan

After more than 30 years practicing as Michigan DUI lawyers, my team and I know that no one plans to go out and get arrested for drunk driving. With few exceptions, a 1^st offense drunk driving incident usually just “happens.”

It is often (although not always) a person’s first criminal arrest and certainly a humbling experience. As scary as it may seem, however, a 1^st offense OWI is not the end of the world. This is in large part true precisely because it is a first offense, and the courts understand that we all make mistakes in life.

Even though the whole DUI situation can feel like a nightmare, the simple truth is that, even if the case against you is strong enough to survive any legal challenge(s), with proper legal help, you can likely avoid many of the scary sounding potential penalties.

What is the Difference Between OWI, DUI, and DWI?

OWI is short for “Operating While Intoxicated,” the technical actual term in Michigan for the offense that just about everyone calls a “DUI,” and that some call a “DWI”

Will I go to Jail for my First DUI?

Generally speaking, the answer is “no.”

The reality is that, almost without exception, jail is NOT on the menu in most of the courts in the Greater-Detroit area of Wayne, Oakland, Macomb, and surrounding Counties.

Also, if you hold a medical or other professional license, you are NOT really at risk of having it revoked for a 1st offense DUI, so don’t sweat that.

Of course, the first question in every DUI case is whether the evidence is solid. As Michigan DUI lawyers, our first priority is always to find a way to beat the charge and get our client out of the case completely.

Realistically, the biggest risk in a first-offense DUI case is getting stuck on long, difficult probation with all kinds of breath and urine testing, classes, counseling, community service, support groups, losing the ability to drive, and then having a restricted license for longer than necessary.

Ultimately, success in a DUI case is best measured by what does NOT happen to you. This means avoiding as many of the legal penalties and negative consequences as possible.

The whole point of hiring a Michigan DUI lawyer is to either get the whole case knocked out, if possible, or to at least avoid the realistic consequences that can and will happen in your case, like having restrictions placed on your ability to drive.

One of the first things that we do, as your defense lawyers, is to obtain and then carefully evaluate all the evidence (including bodycam and dashcam video, all breath and blood test results, as well as the police report) to make sure the police officer(s) who handled your arrest did everything legally, and properly

Is a First-Offense DUI in Michigan a Criminal Charge?

Yes, a DUI is a crime, and a conviction for any alcohol-related traffic offense goes on both a person’s criminal AND driving record. Although Operating While Intoxicated (OWI) is a criminal charge, most people who find themselves in this situation are not criminals in any sense of the word.

In fact, most first-time DUI offenders are law-abiding, tax-paying, and productive members of society, and a drunk driving charge usually represents an isolated and unfortunate instance of poor judgment.

That all sounds good, but making sure that you don’t wind up feeling (or being treated) like a criminal is a key part of what my team and I do in every case we take. Even more important is that we will protect you from being seen by the court system as having a drinking problem, especially if you don’t have one (and most first-time DUI offenders do NOT have any kind troubled relationship to alcohol).

What is the Most Common Sentence for a First DUI in Michigan?

A period of probation that forbids a person from consuming alcohol along with breath and/or urine testing to ensure compliance as well as some kind of class(es) or counseling.

Remember, the whole goal in any case that can’t be dismissed is to avoid and limit as many of these legal penalties and negative consequences possible.

In that sense, success is a DUI case is always best measured by what does NOT happen to you. This is truly a situation where less is more.

Will My Driver’s License Be Suspended After a First Offense DUI Charge?

Yes, but this depends on the final offense for which you are convicted, which is often lesser than the original charge. Here is a summary:

• High BAC (Superdrunk) – License suspended for 45 days (no driving allowed), followed by restrictions with mandatory ignition interlock for the next 10 and ½ months
• OWI (Operating While Intoxicated) – License suspended for 30 days (no driving allowed), followed by restrictions (no interlock required, unless ordered by the court) for the next 5 months
• OWVI (Operating While Visibly Impaired) – NO suspension, but license restricted for 90 days

A Breakdown of First-Offense DUI Penalties in Michigan

In Michigan, there are three types of first-offense DUI charges, each depending upon a person’s bodily alcohol content. Note that the legal limit for OWI is .08, although a person can be charged with and found guilty of OWVI with a lesser blood alcohol content:

1. Operating While Intoxicated (OWI),
2. Operating While Intoxicated with a BAC of .17 or greater (High BAC), and
3. Operating While Visibly Impaired (OWVI, or simply “impaired driving”).

Beyond alcohol, it is illegal for a person to operate a vehicle under the influence of a controlled substance. Thus, a person can be charge with OWI for driving under the influence of drugs.

In order to be considered a 1^st offense, you cannot have had a conviction for ANY prior alcohol-related traffic offense within the 7 years preceding the date of your arrest for the current charge.

If, however, a person’s conviction date for a prior DUI occurs within 7 years of his or her arrest for another DUI (meaning OWI) charge, then it will be considered a second offense. Make no mistake, compared to a 1st offense, a 2nd DUI is a serious offense.

This means that although you may have had a DUI many years ago, as long as the conviction date for that offense is more than 7 years before the date of your current arrest, then it can only be charged as a 1st offense.

Here is a breakdown of the 1st offense charges under Michigan’s DUI laws outlining the maximum possible penalties and driver’s license sanctions for first-time offenders:

Operating While Intoxicated (OWI) carries the following potential maximum penalties:

• Up to 93 days in jail
• Up to 360 hours community service
• Fine of $200 to $700, plus costs
• Driver’s license completely suspended for 30 days, followed by 5 months with restricted license
• Possible vehicle immobilization for 180 days
• Mandatory alcohol treatment or self-help program for not less than 1 year
• 6 points on driving record

Operating While Intoxicated with a BAC of .17 or Greater (Superdrunk, or “High BAC”) maximum possible penalties:

• Up to 180 days in jail
• Fine of up to $300, plus costs
• Up to 360 hours community service
• Driver’s license completely suspended for 45 days, followed by 10 and ½ months on restricted license with MANDATORY Ignition Interlock (BAIID)
• Possible vehicle immobilization
• 4 points on driving record

Operating While Visibly Impaired (OWVI, and often simply called “impaired”), the least serious of all Michigan DUI charges, carries these maximum possible penalties:

• Up to 93 days in jail
• Fine of up to $300, plus costs
• Up to 360 hours community service
• NO suspension, but restricted license for 90 days
• Possible vehicle immobilization
• 4 points on driving record

In the real world, the goal in any Michigan OWI or High BAC charge that cannot be dismissed or otherwise thrown out of court is to negotiate a plea-bargain down to impaired driving (OWVI) because the penalties are much less severe.

However, things get a lot worse for anyone facing a 2nd or 3rd offense or any DUI causing serious injury or death. Note that third offense or a DUI is a felony. Here is a brief overview of the consequences repeat and serious offenders could face:

Other DUI Charges and Penalties in Michigan

Penalties For 2^nd DUI Offense

• Up to 1 year in jail
• Maximum possible fine of $1000, plus costs
• Automatic REVOCATION of driver’s license for life, with no possible appeal for at least 1 year (in reality, more like 3 years)
• 6 points added to driving record
• Mandatory confiscation of license plate
• Immobilization or forfeiture of vehicle

Penalties For 3^rd DUI Offense

• 1 to 5 years imprisonment, OR
• Probation, with 30 days to 1 year in jail, OR
• Less or even NO jail, but probation instead, with participation in and completion of a specialty court (i.e., Sobriety Court) program
• Fine of $500 to $5000
• 6 points on driving record
• 60 to 180 days of community service
• Revocation of driver’s license if either 1 prior DUI conviction within 7 years, or 2 prior convictions within the previous 10 years
• License plate confiscation
• Either immobilization for 1 to 3 years OR complete forfeiture of vehicle
• Vehicle registration denial

Penalties For DUI Causing Serious Injury

• Up to 5 years in prison
• Fine of $1000 to $5000
• Revocation of driver’s license
• Either immobilization or forfeiture of vehicle

Penalties For DUI Causing Death

• Up to 15 years in prison
• Fine of $2500 to $10,000
• Revocation of driver’s license
• Either immobilization of forfeiture of vehicle

Our firm provides a deeper dive into these aggravated 2nd and 3rd offenses on the following dedicated pages: 2nd-offense DUI and 3rd-offense DUI.

What is the Average Cost of a First DUI Offense in Michigan?

The simplest answer is that a DUI is expensive. Many years ago, the State of Michigan ran an advertising campaign that estimated the cost of a 1^st offense DUI at about $10,000.

Despite all the years since that campaign, and even including inflation, that figure is still pretty accurate.

Let’s look at an approximate breakdown:

• Fines and court costs, including probation and testing: $1400 to $2500
• Legal Fees: $3600 to $10,000 (anything more than $6000, unless there is a trial, or a lot of legal challenges is excessive)
• Vehicle Insurance Increases: Depending on the vehicle, roughly $1500 (about 67%) per year for 3 years.
• Miscellaneous costs (like getting the vehicle out impound and paying for breath and/or urine testing while the case is pending): Another $700 to $2500

As noted, these figures are approximations, but all things considered, the total realistic cost of a 1^st offense DUI runs anywhere from about $7,000 to $14,000.

Do I Have to Go to Alcoholics Anonymous or Counseling?

Usually not. Of course, if you know your drinking has become a problem, then seeking help is always a good idea. Most of the time, though, a 1st offense DUI is more an incident of bad judgment, rather than anything else.

Unfortunately, the court system has an inherent “alcohol bias” that tends to “see” an alcohol problem that isn’t really there, or magnifies one that does exist. This assumption directly impacts how every person appearing for a DUI case is treated, right from the very beginning of his or her case.

Therefore, in those cases solid enough to survive any legal challenge, it is critical for our team to do 3 key things:

1. Avoid as many of the legal penalties and negative consequences as possible. This includes keeping any period of probation short and simple.
2. Protect your ability to drive, your record, and
3. Make sure that you don’t get forced into any kind of burdensome and expensive counseling or rehab program to provide unnecessary “help” that you don’t need.

You undoubtedly felt bad enough at the time of your arrest. Now it’s time to move forward understanding that, if handled properly, your drunk driving offense can be managed, and wind up being not much more than just a minor and temporary setback.

While a DUI is never good news, my team and I can and will get you through this intact and otherwise protect you from the legal fallout of that single bad decision.

Will I Need to Complete Community Service for OWI?

Generally not, BUT there are plenty of exceptions. The courts in Macomb County tend to order community service the least. By contrast, the courts in Oakland County tend to order it the most. Wayne County courts falls somewhere in the middle, with some requiring it, and others not.

Even in those courts that do order community service as part of a DUI sentence, the amount required is usually never overwhelming.

Why People Choose Jeffrey Randa & Associates

You shouldn’t get caught up considering any lawyers who waste time addressing potential outcomes that are simply NOT going to happen in the first place.

Instead, you hire a Michigan DUI attorney (like me and my team) to avoid the real consequences that can and will happen in your case, like having restrictions placed on your ability to drive and being put on what can seem like never-ending probation, with all kinds of requirements.

Receive a Confidential Consultation From Jeffrey Randa & Associates DUI Defense Lawyers

Even though you didn’t plan on getting a DUI, my team and I will plan and execute the right strategy to minimize the potential consequences of your charge.

If you’re facing a DUI in the Greater-Detroit area, meaning anywhere in Wayne, Oakland, Macomb or one of the surrounding counties, make sure you give our law firm a ring.

We always offer a free consultation that is both confidential and – best of all – done over the phone, right when you call.

My team and I are very friendly people who will be glad to answer your questions and explain how things work. We’ll even be happy to compare notes with anything some other criminal defense attorney has told you.

We can be reached Monday through Friday, from 8:30 a.m. until 5:00 p.m. at 586-465-1980.

Frequently Asked Questions