Drunk Driving Laws and Penalties in Michigan

The Costs and Consequences of a First Offense Drunk Driving Conviction

If BAC is below .17 and this is a first offense:

• Up to $500 fine
• Up to 93 days in jail
• Up to 360 hours of community service
• Up to 180 days license suspension
• 6 points on a driver’s license

If BAC is .17 or higher and this is a first offense:

• Up to $700 fine
• Up to 180 days in jail
• Up to 360 hours of community service
• Up to one year license suspension
• 6 points on a driver’s license
• Mandatory completion of an alcohol treatment program
• Ignition interlock use and compliance after 45 days license suspension is required to receive a restricted driver’s license. Convicted drunk drivers have limited driving privileges, are prohibited from operating a vehicle without an approved and properly installed ignition interlock device, and are responsible for all installation and upkeep costs for the device.

Anyone who refuses a breath test the first time is given an automatic one-year driver’s license suspension. For a second refusal within seven years, the suspension is two years.

Convicted drunk drivers are subject to a $1,000 penalty for two consecutive years under the Driver Responsibility Act, for a total of $2,000 in additional costs.

Drivers with any amount of a Schedule 1 controlled substance and/or cocaine are subject to the same fines and penalties as drunk drivers, even if they show no signs of impairment. The only exception is an individual who has a valid medical marijuana card and is driving with marijuana in his or her system. Under the law, an officer must show they are impaired due to that marijuana. 

Overview of Drunk Driving Laws in Michigan

Introduction to Michigan’s Drunk Driving Laws

Drunk driving is a serious offense in Michigan that carries potentially severe legal, financial, and personal consequences. Michigan has strict laws in place to deter drivers from getting behind the wheel while under the influence of drugs or alcohol.

Types of Drunk Driving Offenses in Michigan

In Michigan, there are two types of drunk driving offenses: operating while intoxicated (OWI) and operating with any presence of a Schedule 1 drug or cocaine (OWPD). OWI applies to drivers with a blood alcohol concentration (BAC) of 0.08% or higher, while OWPD applies to those who have any amount of illegal drugs or cocaine in their system.

Alcohol Concentration (BAC) Limits and Testing

Legal BAC Limits in Michigan

Michigan’s legal BAC limit is 0.08%. For drivers under the age of 21, the legal limit is 0.02% and for commercial drivers, it is 0.04%.

How BAC is Measured in Michigan

In Michigan, law enforcement officers use breath, blood, or urine tests to measure a driver’s BAC. Refusal to take the test can result in immediate license suspension.

Criminal Penalties for Drunk Driving

Misdemeanor vs. Felony Offenses in Michigan

First and second OWI offenses are considered misdemeanors, while third and subsequent offenses are considered felonies. OWPD offenses are also considered misdemeanors.

Jail Time and Fines for Drunk Driving in Michigan

Jail time and fines for drunk driving in Michigan vary depending on the offense level and whether or not there were any aggravating factors involved. For first-time offenders, jail time can range from 5 days to 1 year, and fines can range from $100 to $5000.

Driver’s License Suspension and Revocation

Michigan law requires driver’s license suspension for all drunk driving offenses. The length of suspension varies based on the offense level and prior convictions. Revocation of the driver’s license is also possible for repeat offenders.

Administrative Penalties for Drunk Driving

Michigan’s Implied Consent Law

Michigan’s implied consent law means that drivers automatically consent to a breath, blood, or urine test if they are suspected of drunk driving. Refusal to take the test can result in immediate license suspension.

Driver’s License Sanctions for Refusal to Test

Refusing to take a chemical test in Michigan can result in a one-year license suspension for first-time offenders, and two-year suspension for repeat offenders.

Possible Defenses for Drunk Driving Charges

If you are facing drunk driving charges in Michigan, there may be defenses available to you. Two common defenses are challenging the probable cause for your arrest and challenging the accuracy of the Breathalyzer or blood alcohol content (BAC) test results. If the police officer did not have a valid reason to stop you or there were errors in administering or interpreting the BAC test results, it may be possible to have the charges reduced or dismissed.

Lack of Probable Cause for Arrest

Police officers must have a valid reason, or probable cause, to stop and arrest someone for drunk driving. If the officer did not observe any erratic driving or other signs of intoxication before stopping you, or if they did not follow proper procedures during the stop, it may be possible to challenge the arrest and have any evidence obtained after the stop thrown out.

Challenging BAC Test Results in Court

Breathalyzer and blood alcohol content tests are not infallible, and there are several factors that can affect the accuracy of the results. If you believe the BAC test results were inaccurate, you may be able to challenge them in court. For example, the testing equipment may have been poorly calibrated or administered incorrectly, or there may have been an error in the analysis of the results.

Repeat Offender Penalties

Michigan takes drunk driving offenses seriously, and the penalties for repeat offenders can be severe. If you have prior drunk driving convictions, it is important to understand the state’s repeat offender laws and enhanced penalties.

Michigan’s Repeat Offender Laws

Michigan has a two-tier system for repeat drunk driving offenses. If you have two or more prior convictions within the past 10 years, you may be charged with a felony offense. If you have more than one prior conviction within the past 10 years, but less than two, you may be charged with a misdemeanor offense.

Enhanced Penalties for Multiple Drunk Driving Convictions

If you are convicted of multiple drunk driving offenses, you may face enhanced penalties, including longer jail sentences, higher fines, and longer license suspensions. The exact penalties depend on the number of prior offenses and the specifics of your case.

Ignition Interlock Devices (IIDs)

In Michigan, you may be required to install an ignition interlock device (IID) in your vehicle if you are convicted of drunk driving. IIDs are designed to prevent drunk driving by requiring the driver to blow into a breathalyzer before starting the vehicle.

How IIDs Work and What They Do

IIDs are connected to a vehicle’s ignition system and require the driver to blow into a breathalyzer before the vehicle will start. If the device detects a certain level of alcohol in the driver’s breath, the vehicle will not start. IIDs also require random retests while the vehicle is in motion.

Requirements for IIDs in Michigan

If you are convicted of drunk driving in Michigan, you may be required to install an IID in your vehicle. The length of time you must keep the device installed depends on the specifics of your case and whether you are a first-time or repeat offender.

Legal Assistance and Resources for Drunk Driving Charges

If you are facing drunk driving charges in Michigan, it is important to seek legal assistance. An experienced DUI/DWI attorney can review your case and help you understand your legal options.

When to Contact a DUI/DWI Attorney

If you have been arrested for drunk driving or you are facing charges, it is important to contact a DUI/DWI attorney as soon as possible. An attorney can help protect your rights and ensure that your case is properly handled.

Resources for Finding Legal Assistance in Michigan

If you are looking for legal assistance in Michigan, there are several resources available to you. The Michigan State Bar Association can provide referrals to DUI/DWI attorneys in your area, and the Michigan Secretary of State’s office can provide information on driver’s license reinstatement and other legal issues related to drunk driving.In conclusion, Michigan’s drunk driving laws are strict, and the consequences of a DUI/DWI conviction can have a significant impact on an individual’s life. It is crucial to avoid driving while under the influence of alcohol or drugs and to follow the state’s laws and guidelines. Seeking legal counsel and resources when faced with drunk driving charges can help you understand your rights and options. Remember, preventing drunk driving accidents starts with making responsible and informed decisions behind the wheel.

Frequently Asked Questions

What is Michigan’s legal BAC limit?

Michigan’s legal BAC limit is 0.08%. However, for individuals under the age of 21 and commercial drivers, the legal limit is lower at 0.02% and 0.04%, respectively.

What criminal penalties could I face if I am convicted of a DUI/DWI in Michigan?

The criminal penalties for drunk driving in Michigan vary depending on the severity of the offense, whether it is a first or repeat offense, and other factors. Possible penalties include fines, jail time, community service, and driver’s license suspension or revocation.

What are the consequences of refusing to take a BAC test in Michigan?

In Michigan, if you refuse to take a BAC test when pulled over for suspected drunk driving, you may face administrative penalties, including driver’s license suspension or revocation. Additionally, your refusal to take the test may be used as evidence against you in court.

Can I challenge the results of a BAC test in Michigan?

Yes, you can challenge the results of a BAC test in Michigan. However, doing so requires strong legal representation and evidence to prove that the test results were inaccurate or invalid. It is essential to consult with a DUI/DWI attorney experienced in Michigan’s drunk driving laws to understand your options and rights.