There are few offenses that have as wide ranging an impact on one’s freedom, as well as their ability to drive, go to work and be available for their family as drunk driving. Being charged with drunk driving does not make one a hardcore criminal. But failing to address it appropriately with qualified counsel can result in being treated like one. It is impossible to overstate the importance of selecting an attorney to represent you who has the appropriate background, experience, and desire to protect your rights.

Whether known as DUI, DWI, OUIL, OWI, or whatever acronym, drunk driving is a serious matter. From the statutory penalties that can be imposed by a court to the administrative penalties under the control of the Secretary of State, drunk driving cases can have a major impact on those charged with these offenses, as well as their relationships with their families and co-workers.

Our firm specializes in aggressively defending all offenses involving operating while intoxicated or impaired by alcohol or a controlled substance. We also handle all cases involving driving while license suspended, revoked or denied, and all traffic matters.


Michigan alcohol and controlled substance driving related offenses (and penalties)

 

Operating while intoxicated (“OWI”, often called “DUI”)

  • Misdemeanor offense
  • Up to 93 days in jail
  • $100-$500 fine, plus court costs
  • Up to 2 years probation
  • Up to 360 hours community service
  • Discretionary vehicle forfeiture or immobilization of up to 180 days
  • 6 points on driving record
  • 180 day license suspension (restricted license available after 30 days)
  • $1,000 Driver Responsibility Fee for 2 consecutive years


Operating while visibly impaired (“OWVI”)

  • Misdemeanor offense
  • Up to 93 days in jail
  • Up to $300 fine, plus court costs
  • Up to 2 years probation
  • Up to 360 hours community service
  • Discretionary vehicle forfeiture or immobilization of up to 180 days
  • 4 points on driving record
  • 90 day license suspension (restricted license available for same 90 days)
  • $500 Driver Responsibility Fee for 2 consecutive years


Operating with a High BAC / “Super Drunk” Driving (0.17 BAC or higher)

  • Misdemeanor offense
  • Up to 180 days in jail
  • $200-$700 fine, plus court costs
  • Up to 2 years probation, with at least one year of alcohol treatment
  • Up to 360 hours community service
  • Discretionary vehicle forfeiture or immobilization of up to 180 days
  • 6 points on driving record
  • 1 year license suspension (restricted license available after 45 days if breath alcohol ignition interlock device installed on vehicle)
  • $1,000 Driver Responsibility Fee for 2 consecutive years


Operating While Intoxicated with a Minor in Vehicle – Child Endangerment

  • Misdemeanor offense
  • Jail from 5 days up to 1 year
  • $200-$1,000 fine, plus court costs
  • Up to 2 years probation
  • 30-60 days community service
  • Discretionary vehicle forfeiture or immobilization of up to 180 days
  • 6 points on driving record
  • 180 day license suspension (restricted license available after 90 days)
  • $1,000 Driver Responsibility Fee for 2 consecutive years


Operating with the Presence of a Controlled Substance (“OWI-CS,” “OUID” or “OUIN”)

  • Misdemeanor offense
  • Up to 93 days in jail
  • $100-$500 fine, plus court costs
  • Up to 2 years probation
  • Up to 360 hours community service
  • Discretionary vehicle forfeiture or immobilization of up to 180 days
  • 6 points on driving record
  • 180 day license suspension (restricted license available after 30 days)
  • $500 Driver Responsibility Fee for 2 consecutive years


OWI, OWVI, or OWI-CS – Second Offense (any combination, within 7 years of a prior offense)

  • Misdemeanor offense
  • Jail from 5 days up to 1 year
  • $200-$1,000 fine, plus court costs
  • Up to 2 years probation
  • 30-90 days community service
  • Discretionary vehicle forfeiture or mandatory immobilization of 90-180 days
  • License plate confiscation
  • 6 points on driving record (4 for OWVI)
  • Driver’s license revocation and denial for minimum of 1 year (minimum of 5 years if there was a prior revocation with 7 years)
  • $1,000 Driver Responsibility Fee for 2 consecutive years ($500 for OWVI)


OWI, OWVI, or OWI-CS – Third Offense (any combination, within a lifetime)

  • Felony offense
  • Jail from 30 days up to 5 years in prison (could be higher with any prior felony(ies))
  • $500-$5,000 fine, plus court costs
  • Up to 5 years probation
  • 60-180 days community service
  • Discretionary vehicle forfeiture or mandatory immobilization of 1-3 years
  • License plate confiscation and denial of vehicle registration
  • 6 points on driving record (4 for OWVI)
  • Driver’s license revocation and denial (if there are 2 convictions within 7 years or 3 convictions within 10 years) for minimum of 1 year (minimum of 5 years if there was a prior revocation with 7 years)
  • $1,000 Driver Responsibility Fee for 2 consecutive years ($500 for OWVI)


OWI, OWVI, OWI-CS or DWLS Causing Serious Injury

  • Felony offense
  • Jail or prison up to 5 years (could be higher with any prior felony(ies))
  • $1,000-$5,000 fine, plus court costs
  • Up to 5 years probation
  • 60-180 days community service
  • Discretionary vehicle forfeiture or immobilization of up to 180 days
  • License plate confiscation
  • 6 points on driving record (4 for OWVI)
  • Driver’s license revocation and denial for minimum of 1 year (minimum of 5 years if there was a prior revocation with 7 years)
  • $1,000 Driver Responsibility Fee for 2 consecutive years


OWI, OWVI, OWI-CS or DWLS Causing Death

  • Felony offense
  • Jail or prison up to 15 years (could be higher with any prior felony(ies))
  • $2,500-$10,000 fine, plus court costs
  • Up to 5 years probation
  • 60-180 days community service
  • Discretionary vehicle forfeiture or immobilization of up to 180 days
  • License plate confiscation
  • 6 points on driving record (4 for OWVI)
  • Driver’s license revocation and denial for minimum of 1 year (minimum of 5 years if there was a prior revocation with 7 years)
  • $1,000 Driver Responsibility Fee for 2 consecutive years

 

Minor Operating while any BAC (“Zero Tolerance”)

First Offense

  • Misdemeanor offense
  • Up to $250 fine, plus court costs
  • Up to 2 years probation
  • Up to 360 hours community service
  • 4 points on driving record
  • 30 day license restriction
  • $500 Driver Responsibility Fee for 2 consecutive years


Second Offense within 7 years

 

  • Misdemeanor offense
  • Up to 93 days in jail
  • Up to $500 fine, plus court costs
  • Up to 2 years probation
  • Up to 60 days community service
  • 4 points on driving record
  • Driver’s license suspension for 90 days. If there is a prior drunk or drugged driving conviction, there is a driver license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years)
  • $500 Driver Responsibility Fee for 2 consecutive years
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