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!