DUI Reference Guide

Michigan DUI Laws

If arrested for driving under the influence of drugs or alcohol in Michigan, a person might be charged with an OMIV or OWI.  A person is in violation of the law if they operate a vehicle while under the influence of alcohol to the extent of being intoxicated or if they drive with a blood alcohol content that exceeds the legal limit.  Individuals can also be OWI, which stands for operating while impaired.

To be convicted of one of the above offenses, a person must have been operating a vehicle.  At the time of operating their vehicle, they must have been impaired in such a way that it affected their ability to safely and/or properly drive.  Of course, they had to be under the influence of some type of controlled substance whether it was drugs or alcohol. 

There are two ways in which a person can potentially be convicted for one of the drunk driving offenses.  One way is if a person was found to have had a blood alcohol content that was over 0.08% when they were driving.  The other way in which the prosecution can potentially bring about a guilty verdict is to prove that someone was intoxicated to such an extent while driving that his or her abilities to drive were impaired physically and/or mentally.

Aside from the criminal penalties a person faces, they can also have their license revoked for a time through the administrative license suspension for a drink driving offense.  People have fourteen days to request to have a hearing if they believe they have a case and might be able to prevent the loss of their license. 

Anyone under the age of 18 is not permitted to drive with any amount of alcohol in their system.  This aspect of the law is referred to as “zero tolerance” since Michigan does not tolerate the drinking and then driving a vehicle by minors. 

First time offenders who are convicted of an OWI can service as much as 45 days of community service in addition to spending 93 days or less in jail.  Fines are up to $300 with other court and offense related fees tacked onto that amount.  An individual can also have their license revoked for a maximum of a year and a minimum of 93 days. 

Those convicted of operating under the influence of intoxicating liquor or those with a high BAC can find themselves paying up to $500 in fines on a first offense or $1000 on the second.  The same offense can also bring about a jail sentence, which can be as much as 93 days for first time offenders and one year for multiple offenses.  License suspension can be as long as two years and will be at least six months. 

Sometimes the court will decide to subject someone to a forfeiture of their vehicle as one of their punishments.  Even if the driver who was convicted was driving someone else’s car, they can still decide to add this to the person’s list of penalties. 

Jail sentences as well as fines and license suspension will vary depending upon the amount of prior convictions relating to drunk driving a person already has on their record.  Other factors can affect these penalties as well including a person’s blood alcohol content level. 

In some cases limited driving privileges can be granted to an individual who has had a license suspension ordered as a result of a DUI arrest.  This would allow that person to drive to necessary places such as work or school.  They must carry a slip when driving at all times.  This tells where the person is going and when.  If they were pulled over by a police officer, they would need to provide this information. 

An arrest for offenses related to operating a vehicle while intoxicated, are serous in nature.  They can result in many sanctions against the individual if they end up with a conviction.  It is important to consult with an attorney.  The attorney should not just be a general lawyer, but instead should be those who handle only or primarily intoxication related offenses.  A lawyer can help to create doubt in the court case as to whether or not the accused was driving while intoxicated and impaired.