Drunk Driving Penalties

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)
MCL 257.625(1)

OWI (Impaired)
MCL 357.625(3)

Zero Tolerance
MCL 257.625(6)

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:
Up to 45 days

Community Service:
Up to 45 days

Community Service:
Up to 45 days

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:
30 to 90 days

Community Service:
30 to 90 days

Community Service:
Up to 60 days

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.