Michigan DUI Penalties

Michigan DUI laws and penalties

Each State within the United States is given the authority to write their own laws on Driving Under the Influence, or better known as DUI. Within this article, we will explore the different laws within the State of Michigan, and their penalties. To begin with, Michigan law enforcement refers to most drunk driving offenses as OWI, or Operating While Intoxicated, rather than DUI. Although for all purposes, the terms are synonymous. Michigan has what is known as a seven year "Lookback Period". This means that each OWI/DUI you aquired within the past seven years are now relevant to the sentencing you are now facing with your current DUI/OWI charge. This is also known as a "washout" period.

What constitutes a high BAC for a DUI/OWI in Michigan?

Under 21: .00% Michigan has a zero tolerance
21 or Older: .08%
Commercial: .04%

There is never an acceptable time to drink and drive as your vision, reasoning, along with your mental capacity to make important decisions and judgments is severely hindered and are not capable of bouncing back to what you are able to perform without alcohol in your system. Each person is different, and their tolerance level for alcohol is severely unpredictable, making it impossible to say how many drinks are "normal" or not. This is what requires law enforcement to perform chemical tests on suspecting DUI/OWI offenders. If you are pulled over and requested to take a chemical test to determine your BAC, or Blood Alcohol Content, Michigan has what is known as an implied consent law. This means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. For refusal to take the chemical test, your penalties will be as follows:

First Offense: 1 year license suspension
Second Offense: 2 year license suspension
Third Offense: 5 year license suspension

What are the penalties within the Michigan DUI/OWI law?

There are several penalties within the Michigan DUI/OWI law, and we will explore them in this section. Should you be pulled over and found guilty of Driving Under the Influence, or Operating While Intoxicated, within the boarders of the State of Michigan, the following are the penalties you will be facing:

Penalty of Jail

First Offense: Up to 93 days
Second Offense: 5 days to 1 year or 30 o 90 days community service
Third Offense: 30 days to 5 years

Penalties and Fines

First Offense: $100 to $500
Second Offense: $200 to $1,000
Third Offense: $200 to $1,000

Penalty of License Suspension

First Offense: Up to 6 months
Second Offense: Minimum 1 year
Third Offense: Minimum 1 year

Penalty of Ignition Interlock Device

First Offense: Possible
Second Offense: Yes
Third Offense: Yes

Conclusion

It is important to note that the laws change, along with its interpretation and application of them. Due to the fact that there are multiple jurisdicitons within a State and each may choose to enforce the law in different ways, it is important to prepare for the unexpected. For this reason you would be wise to retain the services of an experienced and professional lawyer who is well versed in the DUI/OWI law in the State of Michigan and is capable of giving you the direction you need for your specific case, along with being fully aware of the current laws pertaining to DUI.

(Tags - DUI Tests - DUI Penalties - dui state laws - Michigan DUI law )