Common Drunk Driving Charges and Penalties in Michigan
1. First Offense OWI, UBAL, OWVI or OUID penalties include the following:
For OWI, UBAL, or OUID:
- Up to 93 days in jail
- 6 months Suspended License: 1st 30 days no driving at all, remaining 5 months Restricted Driving allowed.
- Up to $500 in fines, plus costs
- Up to 360 hours of Community Service
- 6 Points on your Driving Record
- $1000 Driver Responsibility Fee for 2 years
For OWI with BAC of .17 or more (High BAC):
- Up to 180 days in jail (increased from 93 days)
- Fine of $200 but not more than $700 (increased from $100 but not more than $500)
- One year license suspension with restrictions permitted after 45 days (increased from six-month license suspension with restrictions permitted after 30 days)
- Up to 360 hours community service (same)
- Cost of prosecution (same)
- Immobilization not exceeding 180 days allowed (same)
- 6 points on the driving record (same)
- Mandatory alcohol treatment program or self-help program for a period of not less than one year.
- Motorists who wish to drive after the 45-day license suspension may do so only after a breath alcohol ignition interlock device is installed on their vehicle for the remained of the 1 year suspended/restricted period.
For OWVI (Impaired Driving):
- Up to 93 days in jail
- 90 days Restricted Driving (180 days if Impaired by Drugs)
- Up to $300 in fines, plus costs
- Up to 360 hours of Community Service
- 4 Points on your Driving Record
- $500 Driver Responsibility Fee for 2 years
2. Second Offense OWI, UBAL, or OUID:
- 5 days to 1 year in jail, or
- 30 to 90 days Community Service, and
- 1 year Revoked License (no driving at all, no license available)
- $200 to $1000 fine, plus costs
- License Plate Confiscation
- Vehicle Immobilization from 90 to 189 days, unless vehicle is forfeited
- Possible Vehicle Forfeiture
- 6 Points on your Driving Record
- $1000 Driver Responsibility Fee for 2 years
For OWVI (Impaired Driving - 2nd Offense), all of the above, except:
- 4 Points (not 6) on your Driving Record
- $500 (not $1000) Driver Responsibility Fee for 2 years.
3. Third Offense OWI, UBAL, or OUID:
- 1 to 5 years in the State Prison, or
- 30 days to 1 year in the County Jail followed by Probation
- 5 years Revoked License (no driving at all, no license available)
- $500 to $5000 fine, plus costs
- 60 to 180 days Community Service
- License Plate Confiscation
- Vehicle Immobilization 1 to 3 years unless vehicle is forfeited
- Possible Vehicle Forfeiture
- Registration Denial
- 6 Points on your Driving Record
- $1000 Driver Responsibility for 2 years
For OWVI (Impaired Driving - 3rd Offense) all of the above, except:
- 4 Points (not 6) on your Driving Record
- $500 (not $1000) Driver Responsibility Fee for 2 years
These are really the three most common kinds of drunk driving cases. The Michigan Secretary of State has a very good breakdown of the various alcohol and drug-related driving penalties which can be found here. Cases involving drunk driving causing serious injury or death, are, fortunately, not very common. There are several other alcohol-related traffic offenses, including Zero Tolerance (person under 21 with a breath test result of between .02 and .07) and Open Intoxicants in a Motor Vehicle, but the above three charges are, by far, the most common.