Under Michigan law, if you are 21 or older, it is illegal to drive if any of the
following are true:
- You are intoxicated or impaired by alcohol, illegal drugs and certain prescription
medicines.
- With a blood alcohol content measuring .08 or more
- If a Schedule 1 drug or cocaine is found in your system
Additionally, if you are younger than 21, it is illegal to:
- Drive with a blood alcohol content level measuring .02 or more (this doesn't measure
alcohol taken in at a generally recognized religious ceremony)
- Transport, buy or drink alcohol. You may only transport alcohol if someone in the
vehicle is 21 or older.
- Have alcohol in your vehicle, whether you are driving or in a parking lot.
If you are charged with drinking and driving, you will face Michigan's drunk driving
laws.
If you're drunk and drive, Michigan law requires:
- Courts to decide cases within 77 days following an arrest
- A mandatory six month
driver's license suspension even for a first conviction. Drivers may be eligible for a restricted license after 30 days.
- Five days - one year of jail time, 30-90 days of community service or both if this is your second conviction
-
Felony conviction for drunk driving causing death or serious injury to another
-
Fines for driving on a suspended or revoked license ranging from $500.00 for a first offense to $1000.00 for subsequent offenses
-
No hardship appeals for habitual alcohol offenders
-
$125.00
Reinstatement fee if your driver's license was restricted, suspended or revoked
-
Driver Responsibility Fee: $1,000 for two consecutive years for driving while intoxicated and a $500 fee for two years for driving while impaired, with the presence of a Schedule 1 drug or cocaine, under the zero tolerance law or for child endangerment.
If law enforcement pulls you over:
- You may be asked to take a Preliminary Breath Test (PBT). Refuse and you will be charged with a civil infraction and fined up to $150, plus court costs.
- If you are younger than 21 and refuse a PBT, you will receive two points on your driving record
- If you are arrested, you must take the evidentiary chemical (blood, breath or urine) test, even if you have already taken the PBT.
- If you refuse the chemical test, you receive six points and a one-year license suspension.
- A second arrest and refusal within seven years adds six more points to your license and two-year license suspension.
- If you refuse the chemical test and your BAC is .08 or more, your driver's license will be cut up and you will be issued a 625g paper permit to replace your photo license until your case is resolved in court.
If you are pulled over with alcohol in your system, you may be charged with one of the
following crimes:
- Operating While Visually Impaired(OWVI) which means drugs or alcohol in your body
are impairing your driving.
- Operating While Intoxicated (OWI) which means alcohol or drugs in your body
substantially affect your ability to operate a motor vehicle. A chemical test would
indicate your blood alcohol content was .08 or higher.
- Operating with the Presence of a Schedule 1 Drug or Cocaine which means even if a
small trace is found in your body, you can face this charge.
- Under Age 21 Operating with any Bodily Alcohol Content (Zero Tolerance Law) This
charge may be brought if the driver is younger than 21 and had a blood alcohol content
of more than .02 but less than .08.
Penalties for Operating While Impaired:
First Offense:
- Misdemeanor
One or more of the following:
-- up to 93 days in jail
--$300 fine
-- Up to 360 hours of community service
- 90-day license restriction
- 180-day restriction for Operating While Impaired by Drugs
- Four points on the driving record
- Court may immobilize vehicle for up to 180 days.
Second Offense:
- Misdemeanor
- $200 - $1,000 fine
One or more of the following:
- Five days - one year in jail
- 30- 90 days of community service
- Minimum one-year license revocation / denial
- License plate confiscation
- 90-180 days of vehicle immobilization unless vehicle is forfeited
- Vehicle registration denial
- Court may order forfeiture
Third Offense:
- Felony
- $500 - $5,000 fine
One or more of the following:
- One - five years in jail
- Probation with 30 days - one year in jail and 60- 180 days of community service
- One - five years license revocation / denial
- License plate confiscation
- One - three years of vehicle immobilization unless vehicle is forfeited
- Vehicle registration denial
- Court may order forfeiture
Penalties for Operating while intoxicated or with the presence of Schedule 1 Drugs or Cocaine:
First Offense:
- Misdemeanor
One or more of the following:
-- up to 93 days in jail
-- $100- $500 fine
-- Up to 360 hours of community service
- 30/150-day license restriction and suspension
- Six points on the driving record
- Court may immobilize vehicle for up to 180 days.
Second Offense:(within seven years)
- Misdemeanor
- $200 - $1,000 fine
One or more of the following:
-- Five days - one year in jail
-- 30- 90 days of community service
- Minimum one-year license revocation / denial
- License plate confiscation
- 90 - 180 days of vehicle immobilization unless vehicle is forfeited
- Court may order forfeiture
Third Offense:
- Felony
- $500 - $5,000 fine
One or more of the following:
-- One - five years in jail
-- Probation with 30days to one year in jail and 60- 180 days of community service
- One - five years license revocation / denial
- License plate confiscation
- One - three years of vehicle immobilization unless vehicle is forfeited
- Vehicle registration denial
- Court may order forfeiture
Special Circumstances:
- If you cause serious injury, you may face a maximum $5,000 fine and five years in jail.
- If you cause a death, you may face a maximum $10,000 fine and 15 years in jail.
- If you cause the death of emergency personnel, you may face a maximum of $10,000 fine and 20 years in prison
- You also face a maximum five-year license revocation, three-year vehicle immobilization -- unless forfeited -- and vehicle registration details.
