What Are The Penalties For A DUI In Michigan?

What Are The Penalties For A DUI In Michigan?

What Are The Penalties For A DUI In Michigan?

Driving under the influence (DUI) of alcohol or drugs is a serious crime in Michigan. Not only are there potential criminal penalties associated with a DUI, but there will also be hefty fines and other fees that may accumulate if convicted.

The severity of the penalties for DUI offenses depends on a variety of factors, such as the driver’s age, prior DUI convictions, and blood alcohol concentration (BAC). In this article, we’ll provide an overview of the potential penalties for a DUI in Michigan so you can get familiar with what you might be facing if you’re ever charged with driving under the influence.

The Process Of Getting A DUI In Michigan

If you are arrested for a DUI in Michigan, the process will likely be as follows:

  • You will be taken into custody and brought to the police station.
  • You will be given a breathalyzer test to determine your blood alcohol content (BAC).
  • If your BAC is over the legal limit of .08%, you will be charged with a DUI.
  • You will be fingerprinted and your mugshot will be taken.
  • You will be released on bail, and given a date for your arraignment. You will perhaps spend the night in jail.
  • At your arraignment, you will enter a plea of guilty or not guilty. If you plead guilty, you will be sentenced immediately. If you plead not guilty, a trial date will be set.

The Different Types Of DUI’s In Michigan

There are four different types of DUIs in Michigan: Operating While Intoxicated (OWI), Operating While Visibly Impaired (OWVI), Operating with Any Presence of a Schedule 1 Drug or Cocaine (OWPD), and Zero Tolerance for minors.

Operating While Intoxicated (OWI) is the most serious and most common:

The first and most serious type of DUI is Operating While Intoxicated, which is defined as having a Blood Alcohol Content (BAC) of .08% or higher. If you are convicted of OWI, you can face the following penalties:

First Offense: Up to 93 days in jail, a fine of $100-$500, and up to 360 hours of community service. Your license will also be suspended for 30 days.

Second Offense: Up to 1 year in jail, a fine of $200-$1,000, and up to 480 hours of community service. Your license will also be suspended for 1 year.

Third Offense: Up to 5 years in prison, a fine of $500-$5,000, and up to 960 hours of community service. Your license will also be revoked for 5 years.

Fourth or Subsequent Offense: Up to 15 years in prison, a fine of $1,000-$10,000, and an indefinite suspension of your license.

With any of these convictions, you can also be required to take a drug and alcohol abuse training class, and to have your vehicle fitted with a breathalyzer, of the kind we provide.

Operating While Visibly Impaired (OWVI). This means you clearly don’t have the capacity to drive a vehicle. Oftentimes this can include drug use that can’t readily be tested.

Operating with Any Presence of a Schedule 1 Drug or Cocaine (OWPD) means that officers have found schedule-1 drugs in your system, such as heroin, or if you’ve been found using cocaine. This is often charged in addition to an OWI.

Finally, Michigan has a zero-tolerance policy for minors (persons under 21) to have found any alcohol in your system while driving. 

What’s The Cost Of A DUI In Michigan?

Between court and lawyer fees and penalties, the cost of a DUI in Michigan can range from $5,000 to $10,000, depending on your unique situation.

The fines for a DUI in Michigan range from $500 to $5,000. If your BAC was 0.17% or higher, the fine will be at least $1,000. If you caused an accident that resulted in injuries or death, the fine will be at least $2,500.

However, there are additional fees that add up as well. Your car insurance will likely go up, and you could be ordered to purchase a locking breathalyzer machine for your automobile to have your driver’s license reinstated.

Will I Get Jail Time For A DUI In Michigan?

If convicted of a DUI in Michigan, you can face up to 180 days in jail. If you have a previous DUI conviction, you will face up to one year in jail. If your BAC was 0.17% or higher, you will face up to 200 days in jail. If you caused an accident that resulted in injuries or death, you will face up to 5 years in prison.

Michigan DUI Interlock Device

A DUI charge in Michigan can have serious consequences, including jail time and hefty fines. In order to protect yourself from the potential penalties of a DUI charge, it is important to understand the law and what actions are considered illegal.

It is also essential that you drive responsibly at all times and never attempt to operate a vehicle after consuming alcohol or drugs. By following these tips and understanding the legal repercussions of a DUI conviction in Michigan, you will be better prepared if an unfortunate situation arises.

If you need help getting back on the road with an interlock device, give us a call at 866-694-6099 and we would be more than happy to answer any questions you might have!

Can I Smoke Cigarettes With An Interlock Device?

Can I Smoke Cigarettes With An Interlock Device?

Can I Smoke Cigarettes With An Interlock Device?

If you’ve been required to install an ignition interlock device then you might be wondering if smoking cigarettes is allowed. The short answer is yes, you can smoke with an interlock device, but there are still a few things you should know.

Ignition interlock devices are typically used as part of a court-ordered license suspension or revocation in order to ensure that a driver is not driving under the influence of alcohol. As such, it has specific policies and protocols in place that prohibit certain activities while using the device.

In this article, we will discuss why you can smoke cigarettes with an interlock device, with some caveats.

How Does An Interlock Device Work?

An ignition interlock device is a breathalyzer for your car. It prevents your car from starting if it detects alcohol on your breath. The device is installed by a certified installer, usually at a mechanic or auto body shop.

To use the device, you blow into it before starting your car. If it detects alcohol, the car will not start. The device keeps track of all failed breath tests, and will eventually lock the car down completely if you keep trying to start it while intoxicated.

Most ignition interlock devices require you to blow into them periodically while driving, to make sure you haven’t been drinking. If you fail the test while driving, the device will sound an alarm and record the infraction.

Occasionally, these devices can record false positives. While they are typically rare, they do happen. Various substances can cause occasional false positives, and cigarettes can potentially cause them. Cigarettes and vape smoke can also damage your device.

Can I Smoke Cigarettes With An IID?

If you’re wondering if you can still smoke cigarettes with an IID installed, the answer is yes— however, there are a few things to keep in mind. First and foremost, since the IID requires you to blow into it in order to start your vehicle, if you have been smoking cigarettes prior to attempting to start your car, the IID may register a false positive and prevent your vehicle from starting.

In other words, if you plan on smoking cigarettes and then driving shortly thereafter, it’s best to wait at least 15 minutes after smoking before attempting to start your car so that the IID has enough time to clear any residual nicotine from your system.

Additionally, blowing smoke into your interlock device can damage it. Over time, the chemicals in cigarettes and vape smoke can clog your interlock device and dry out certain parts of the mechanism, potentially causing false positives or forcing you to reinstall the device.

How To Use An Interlock Device If You Smoke

Here are some things to remember if you smoke and have an interlock device:

  • Wait 15 minutes to blow into your interlock device if you smoke cigarettes.
  • Wash your mouth out with water before blowing into your device.
  • Don’t attempt to use the device between drags of a cigarette.
  • Take a few deep breaths beforehand to clear anything out of your system that might still be there.

With these pieces of advice, you should be able to stay on the road lawfully in no time.

Find An Installer For Interlock Devices In Michigan And Other States

In conclusion, if you are required to use an interlock device, it is important that you understand the risks and limitations associated with smoking cigarettes while using your IID. In general, it is not recommended as there can be serious consequences including a false positive breath test result and potential tampering of your interlock device.

It is always best to adhere closely to all instructions provided by us and those given by law enforcement personnel in order to avoid any unnecessary complications or legal repercussions.

If you need an interlock device installed on your car in Michigan, Florida, Wisconsin, Indiana and many other states, or you have questions, please give us a call at 866-385-5900. We looking forward to serving you and getting you legally back on the road!