Drunk Driving


Table of Contents

  1. An Overview of Michigan Drunk Driving Laws
  2. Criminal Penalties and Licensing Actions for OUIL, OUID, UBAC & OWI
  3. Where and When Can I Drive With a Restricted License?

AN OVERVIEW OF MICHIGAN DRUNK DRIVING LAWS

Michigan anti-drunk driving laws require swift and sure action resulting in severe consequences for drunk drivers.

Driving under the influence of, or while impaired by, alcohol or other drugs, or with a bodily alcohol content of .10 or more is illegal.  Drivers with a bodily alcohol content of more than .07, but less than .10, are presumed to be impaired.  Drivers with a bodily alcohol content of .10 or more are presumed to be under the influence.

It is illegal for drivers under age 21 to operate a vehicle if they have any bodily alcohol content.  In Michigan, it is also illegal for people under the legal drinking age of 21 to buy, possess, consume, or transport alcoholic beverages.

Michigan's Tough Anti-Drunk Driving Laws:

If You Drink and Drive...

You Can Be Charged With:

You May Be Convicted:

The source of this information is the Michigan Secretary of State.

If you have a question regarding a legal matter in the state of
Michigan contact AAAA Legal Center by Phone or E-Mail

MAIL US
(E-Mail transmissions are not confidential)


CRIMINAL PENALTIES AND LICENSING ACTIONS FOR OUIL, OUID, UBAC & OWI

OUIL/OUID/UBAC OWI
FIRST OFFENSE
  • $100 to $500 Fine and/or
  • Up to 93 Days Jail and/or
  • Up to 45 Days Community Service
  • Driver License suspension 6 mos
    (no Restricted License for first 30 days)
  • Possible immobilization up to 180 Days
FIRST OFFENSE
  • Up to $300 Fine and/or
  • Up to 93 Days Jail and/or
  • Up to 45 Days Community Service
  • Driver License Restrictions 90 days
  • Possible immobilization up to 180 Days
SECOND OFFENSE
(or any prior drunk driving conviction within 7 years)
  • $200 to $1,000 Fine and
  • 5 Days to 1 Year Jail and/or
  • 30 to 90 Days Community Service
  • Driver License Revocation
  • License Plate Confiscation
  • Immobilization 90 to 180 days unless
    unless forfeited
  • Possible Vehicle Forfeiture
SECOND OFFENSE
(or any prior drunk driving conviction within 7 years)
  • $200 to $1,000 Fine and
  • 5 Days to 1 Year Jail and/or
  • 30 to 90 Days Community Service
  • Driver License Revocation
  • License Plate Confiscation
  • Immobilization 90 to 180 days unless
    unless forfeited
  • Possible Vehicle Forfeiture
THIRD OFFENSE
(or any 2 prior drunk driving conviction within 10 years)
  • $500 to $5,000 Fine AND either of the
    following:
  • 1-5 Years Prison OR Probation with 30
    Days to 1 Year Jail AND 60-80 Days
    Community Service
  • Driver License Revocation - 5 Years
  • License Plate Confiscation
  • Registration Denial
  • Immobilization 1-3 Years
  • Possible Vehicle Forfeiture
THIRD OFFENSE
(or any 2 prior drunk driving conviction within 10 years)
  • $500 to $5,000 Fine AND either of the
    following:
  • 1-5 Years Prison OR Probation with 30
    Days to 1 Year Jail AND 60-80 Days
    Community Service
  • Driver License Revocation - 5 Years
  • License Plate Confiscation
  • Registration Denial
  • Immobilization 1-3 Years
  • Possible Vehicle Forfeiture
ACCIDENT CAUSING LONG-TERM
INCAPACITATING INJURY (FELONY)

FIRST OFFENSE

  • $1,000 to $5,000 Fine and/or
  • Up to 5 Years Prison
  • Driver License Revocation
  • License Plate Confiscation
  • Immobilization up to 180 days
  • Possible Vehicle Forfeiture
ACCIDENT CAUSING DEATH (FELONY)

FIRST OFFENSE

  • $2,500 to $10,000 Fine and/or
  • Up to 15 Years Prison
  • Driver License Revocation
  • License Plate Confiscation
  • Immobilization up to 180 days
  • Possible Vehicle Forfeiture
 

The source of this information is the Michigan Secretary of State.

If you have a question regarding a legal matter in the state of
Michigan contact AAAA Legal Center by Phone or E-Mail

MAIL US
(E-Mail transmissions are not confidential)


WHERE AND WHEN CAN I DRIVE WITH A RESTRICTED LICENSE?

A person with a Restricted License for Drinking And Driving Offenses whose driving privileges have been suspended and who qualifies for restricted driving privileges is permitted to drive under one or more of the following circumstances: **

  1. In the course of the person's employment or occupation.
  2. To and from any combination of the following:
    1. The person's residence
    2. The person's' work location
    3. An alcohol or drug education or treatment program as ordered by the court
    4. The court probation department
    5. A court-ordered community service program
    6. An education institution at which the person is enrolled as a student
    7. A place of regularly occurring medical treatment for a serious condition for the person or a member of the person's household or immediate family.

While driving with a restricted license, the person shall carry proof of his or her destination and the hours of any employment, class, or other reason for traveling and shall display that proof upon a peace officer's request

** Not all drivers whose licenses are suspended for drinking and driving offenses are allowed restricted driving privileges.

If you have a question regarding a legal matter in the state of
Michigan contact AAAA Legal Center by Phone or E-Mail

MAIL US
(E-Mail transmissions are not confidential)


Copyright 2001, 2002
Last modified: February 11, 2010