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Penalties for Drunk Driving Michigan* 
 

The new penalties under Michigan's Drunk Driving Laws are as follows:

 

CONSEQUENCES OF CONVICTION OF ALCOHOL OR SUBSTANCE ABUSE/DRIVING OFFENSE

 

A. Criminal Penalties for Conviction of Operating While Intoxicated, Operating While Impaired, and Operating With Presence of Drugs (OFFENSE, JAIL, COMMUNITY SERVICE, & FINES)

 

First Offense - Operating While Intoxicated - $100.00 to $500.00 fine plus costs Up to 93 days Up to 360 hours

 

First Offense - Operating While Impaired - Up to $300.00 fine plus costs Up to 93 days Up to 360 hours

 

First Offense - Operating With Presence of Drugs - $100.00 to $500.00 fine plus costs Up to 93 days Up to 360 hours 

 

Habitual offenders:

 

Any of the above with Prior Conviction* $200.00 to $1000.00 fine plus costs and 1 or more of the following:

 

  • 30 to 90 days community service
  •  5 days to 1 year in jail
  • *Prior Conviction means conviction under MCL 257.625(1), (3), (4), (5), (6), (7), (8), and (25) and MCL 257.625m.
  • Three offenses within a lifetime is a felony punishable by one to five years prison.
  •  

    B. Screening and Additional Costs. All convictions for alcohol related driving offenses require the judge to order the defendant to undergo screening for substance abuse, and rehabilitation may be part of any sentence, all at defendant's expense.  [MCL 257.625b(5)] In addition, the defendant may be ordered to pay the costs of prosecution. [MCL 257.625(13) ]

     

    C. License Suspensions and Restrictions. Possible license sanctions may be imposed by the Secretary of State based upon the master driving record maintained by the Secretary of State under MCL 257.204. [MCL 257.625b(4)]

     

    First Offense OWI, OWPD, 6 points on your master driving record, 6 month suspension  of driving privilege, no restricted license first 30 days and $1,000.00 bad driver fee next two years.

     

    First Offense Impaired 4 points on your master driving record 3 months suspension of driving privilege, restricted license issued immediately and $500.00 bad driver fee next two years.

     

    Second Offense within seven years or third offense within ten years, conviction to conviction date, mandatory revocation until approved for reinstatement, minimum 1 year.  If you are revoked for additional drunk driving offenses while previously revoked the result is a 5 year minimum revocation or until approved.  See License Restoration

     

Sentences and licensing actions also apply to a person convicted of an attempted violation of any of the offenses listed above as if the offense had been completed. [MCL 257.204(b)]


* these penalties are applicable in the District Court for the State of Michigan.  This information is taken from the back side of SCAO form DC 213.