Michigan DUI/OWI Penalties
Michigan’s Premier Drunk Driving & DWI/DUI Defense Lawyers
Michigan has some of the toughest drunk driving laws in the nation. A drunk driving conviction will have criminal consequences and result in sanctions from the Michigan Secretary of State. Having an experienced drunk driving attorney during this time is extremely important.
The chart below lists the potential penalties for the most common drunk driving offenses in Michigan:
| Charge | Maximum Sentence | Secretary of State Points | Driver Responsibility Fee | License Actions |
|---|---|---|---|---|
| High BAC (Super Drunk) .17 grams or higher | Up to 180 days in jail. A fine of $200 to $700 plus court costs. Up to 360 hours of Community Service | 6 | $1000.00 a year for two years | One year license suspension. 45 days of hard suspension (no driving at all) followed by restricted driving privileges with installation of ignition interlock device 2nd Offense (within 7 years): Revocation. Cannot reapply for driving privileges for 1 year. |
| Operating While Intoxicated - .08 grams or higher | Up to 93 days in jail. A fine of $100 to $500 plus court costs. Up to 360 hours of Community Service | 6 | $1000.00 a year for two years | 30 day license suspension followed by 5 months of restricted driving privileges. 2nd Offense (within 7 years): Revocation. Cannot reapply for driving privileges for 1 year. |
| Operating with the Presence of a Schedule 1 Drug or Cocaine (OWPD) | Up to 93 days in jail. A fine of $100 to $500 plus court costs. Up to 360 hours of Community Service | 6 | $1000.00 a year for two years | 30 day license suspension followed by 5 months of restricted driving privileges. 30 day license suspension followed by 5 months of restricted driving privileges. 2nd Offense (within 7 years): Revocation. Cannot reapply for driving privileges for 1 year. |
| Operating While Visibly Impaired | Up to 93 days in jail. A fine of up to $300 plus court costs. Up to 360 hours of Community Service | 4 | $500.00 a year for two years. | 30 day license suspension followed by 5 months of restricted driving privileges. 90 day restricted license (180 if impaired by a controlled substance). 2nd Offense (within 7 years): Revocation. Cannot reapply for driving privileges for 1 year. |
| Zero Tolerance – Under 21 operating a motor vehicle with presence of alcohol in system. | Up to $250 fine. Up to 360 hours of community service. | 4 | $500.00 a year for two years. | 90 day restricted license (180 if impaired by a controlled substance). 30 day restricted license 2nd Offense (within 7 years): Revocation. Cannot reapply for driving privileges for 1 year. |
| Child Endangerment – Drunk Driving with Under 16 year old in Vehicle | 5 days to one year in jail. $200 to $1000 fine. 30 to 90 days community service. | 6 | $1000.00 a year for two years | 90 day license suspension followed by a 90 day restricted license. 2nd Offense (within 7 years): Revocation. Cannot reapply for driving privileges for 1 year. |
