The penalties for Drunk Driving can be severe, and increase for repeat offenders. A conviction can result in jail time and will affect your right to drive a vehicle. By working with you I can find out what the applicable penalties are in your case.
In Michigan, the drinking and driving laws have changed over the years. The most significant changes in the recent past came into effect on October 1, 1999. Since then, persons charged with drinking and driving face the following maximum penalties from the Court:
|
OWI (Intoxicated) |
OWI (Impaired) |
Zero Tolerance | |
|
1st offense |
Misdemeanor |
Misdemeanor |
Misdemeanor |
|
Fines: $100 to $500 |
Fines: $0 to $300 |
Fines: Up to $250 | |
|
Jail: Up to 93 days |
Jail: Up to 93 days |
Jail: None | |
|
Community Service: |
Community Service: |
Community Service: | |
|
Probation: Up to 2 yrs |
Probation: Up to 2 yrs |
Probation: Up to 2 yrs | |
|
Vehicle Immobilized: Up to 180 days |
Vehicle Immobilized: Up to 180 days |
Vehicle Immobilized: None | |
|
2nd Offense (e.g. one prior MCL 257.625 or MCL 257.653(a) (4) conviction occurring within 7 years of the new offense) |
Misdemeanor |
Misdemeanor |
Misdemeanor |
|
Fines: $200 to $1000 |
Fines: $200 to $1000 |
Fines: Up to 93 days | |
|
Jail: 5 days to 1 year |
Jail: 5 days to 1 year |
Jail: Up to 93 days | |
|
Community Service: |
Community Service: |
Community Service: | |
|
Probation: Up to 2 yrs |
Probation: Up to 2 yrs |
Probation: Up to 2 yrs | |
|
Vehicle Immobilization minimum of 90 and up to 180 days, unless forfeit |
Vehicle Immobilization minimum of 90 and up to 180 days, unless forfeit |
Vehicle Immobilization None (however, forfeit 1-3 years if prior MCL 257.653a3 conviction) | |
|
Vehicle Forfeiture: available in discretion of Court |
Vehicle Forfeiture: available in discretion of Court | ||
|
License Plate: required to be confiscated |
License Plate: required to be confiscated | ||
|
3rd Offense (e.g. two or more prior MCL 257.625 or MCL 257.653(a)(4) convictions occurring within your lifetime before the new offense) |
Felony |
Felony |
Not Applicable |
|
Fines: $500 to $5000 |
Fines: $500 to $5000 | ||
|
Jail: 1 year to 5 years |
Jail: 1 year to 5 years | ||
|
Community Service: 60 to 180 days |
Community Service: 60 to 180 days | ||
|
(Possibility for probation with 30 days to 1 year in jail) |
(Possibility for probation with 30 days to 1 year in jail) | ||
|
Probation: Up to 5 years |
Probation: Up to 5 years | ||
|
Vehicle Immobilization minimum of 1 year and up to 3 years, unless forfeit |
Vehicle Immobilization minimum of 1 year and up to 3 years, unless forfeit | ||
|
Vehicle Forfeiture: available in discretion of Court |
Vehicle Forfeiture: available in discretion of Court | ||
|
License Plate: required to be confiscated |
License Plate: required to be confiscated |
Even for a 1st offense, there are different actual penalties expected in each Court. They range from: Probation and fines only, ...to probation, community service, and the Weekend-First-Offender's Program, ...to visiting the County Morgue, ...to probation and some time in jail followed by Probation. As a person gets multiple offenses, the actual penalties can vary even more.
