Drunk Driving
- An Overview of
Michigan Drunk Driving Laws
- Criminal Penalties
and Licensing Actions for OUIL, OUID, UBAC & OWI
- Where and When Can I
Drive With a Restricted License?
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:
- Require your license to be surrendered
and cut up (physically destroyed) at the time of arrest for drunk driving.
- Require a mandatory 30-day driver
license suspension for even a first conviction of OUIL/UBAC.
- Require 48 hours to one year of
consecutive jail time and/or 30 to 90 days of community service for a second
conviction of drunk driving.
- Include a 5-year felony for a conviction
for drunk driving or driving while license suspended (DWLS) that causes a
long-term incapacitating injury to another person.
- Include a 15-year felony for a
conviction for drunk driving or DWLS causing a death.
- Eliminate hardship appeals for habitual
drunk drivers.
- If you are arrested a second time for
any alcohol offense within 7 years, you are considered a repeat offender.
- If you are convicted of a second drunk
driving or third DWLS offense, your vehicle will be immobilized for 90 to
180 days.
- If you are revoked for a third drunk
driving conviction within 10 years or have 4 additional
suspensions/revocations within 7 years resulting from driving while
suspended/revoked, you will be denied vehicle registration of any
vehicle in your name until you are re-licensed.
If You Drink and Drive...
- You may be stopped by a law enforcement
officer.
- You may be asked to take some sobriety
tests including a Preliminary Breath Test (PBT) at the roadside to determine
whether you are under the influence of alcohol.
If you refuse to take the PBT, you will be charged with a civil infraction
and fined up to $100 plus court costs. Persons under age 21 will also
have two points added to their driving record.
- If you are arrested, you will be
required to take a chemical test to determine your bodily alcohol content or
presence of another drug in your blood. Under Michigan's Implied
Consent Law, you are considered to have given your consent to this test.
If you refuse, six points will be added to your driving record and your
license will be suspended for six months. If you have previously
refused to take the test, six points will be added to your driving record
and your license will be suspended for one year.
- If you refuse to take the test under the
Implied Consent Law, or if the test shows your bodily alcohol content is .10
or more, your driver license will be confiscated and cut up by the officer.
- If you are arrested for a second drunk
driving or third DWLS offense, your metal license plate will be confiscated.
You Can Be Charged With:
- Operating While
Impaired (OWI), which means that because of alcohol or other drugs in
your body, your ability to operate a motor vehicle was visibly impaired.
- Operating Under
the Influence of Liquor (OUIL), which means the alcohol in your body
substantially affected your driving ability so that you could not operate a
motor vehicle safely.
- Operating Under
the Influence of Drugs (OUID), which means that drugs in your body
substantially affected your driving ability so that you could not operate a
motor vehicle safely.
- Operating With an
Unlawful Bodily Alcohol Content (UBAC), which means at the time you
were driving, your bodily alcohol content was .10 or more. This can be
shown by a chemical test.
- Under Age 21
Operating With Any Bodily Alcohol Content, which means having a
bodily alcohol content of .02 to .07 or any presence of alcohol, other than
that consumed at a generally recognized religious ceremony.
You May Be Convicted:
- If you are convicted of drunk or
impaired driving, the court may order imprisonment, fines and costs,
community service, alcohol treatment or education, vehicle forfeiture,
immobilization, or a combination of these penalties.
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)
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:
**
- In the course of the person's employment
or occupation.
- To and from any combination of the
following:
- The person's residence
- The person's' work location
- An alcohol or drug education or
treatment program as ordered by the court
- The court probation department
- A court-ordered community service
program
- An education institution at which the
person is enrolled as a student
- 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:
January 03, 2002