Drinking and Driving is Illegal

Drink and drive, and the results can be deadly. Several hundred people die every year in Michigan from alcohol-related crashes. The courts, law enforcement, state and local governments, as well as a number of private agencies, are working together to reduce and prevent the thousands of injuries and deaths that result from drunk driving in Michigan.

Under Michigan law, it is illegal to drive:

While intoxicated or impaired by, alcohol, illegal drugs, and certain prescribed medications.
With a bodily alcohol content of 0.08 or more (driving while intoxicated).
With any presence of a Schedule 1 drug or cocaine.

If you are under age 21 it is against the law:

To drive with a bodily alcohol content of 0.02 or greater, or have any presence of alcohol other than that consumed at a generally recognized religious ceremony.
To buy, possess, or consume alcoholic beverages. You may transport alcohol in a vehicle only when accompanied by an adult age 21 or older. If you are caught with alcohol in your vehicle and there is no adult accompanying you, you can be charged with a misdemeanor, whether you are on the road or in a parking lot.

Anti-Drunk Driving Laws:

Require courts to decide drunken driving cases within 77 days after an arrest.
Require a mandatory six-month driver license suspension even for a first conviction. A driver may be eligible for a restricted license after serving 30 days of the suspension.
Require five days to one year of consecutive jail time and/or 30 to 90 days of community service for a second conviction of drunk driving.
Include a felony for three convictions in a lifetime.
Include a felony for a conviction for drunk driving that causes death.
Include a felony for a conviction for drunk driving that causes a serious injury to another.
Require fines for a conviction of driving while a driver license is suspended or revoked of up to $500 for a first offense, and $1,000 for an additional offense.
Do not allow hardship appeals for habitual alcohol offenders.
Require a reinstatement fee of $125 if your driver license was suspended, revoked, or restricted.
Require a Driver Responsibility Fee of $1,000 for two consecutive years for driving while intoxicated and a $500 fee for two consecutive years for driving while impaired, with any presence of a Schedule 1 drug or cocaine, zero tolerance, or child endangerment.

List of Anti-Drunk Driving Laws

Open Intoxicants in a Motor Vehicle

Up to a $100 fine.
First offense-no action is taken against driver license.
Second offense-driver license is suspended for 30 days/restricted for 60 days.
Third offense-driver license is suspended for 60 days/restricted for 305 days.
Alcohol screening may be required.
Two points on driver record.

Actions for Drivers Under Age 21, Zero Tolerance (under age 21)

First Offense

Up to $250 fine and/or
Up to 360 hours of community service.
Driver license is restricted for 30 days.
Four points on driver record.
$500 Driver Responsibility Fee for 2 consecutive years.

Second Offense within seven years:

Up to $500 fine and/or
Up to 60 days community service.
Up to 93 days in jail.
Driver license suspension 90 days.
Any prior drunk driving conviction results in a minimum one-year driver license revocation.
Four points on driver record.
$500 Driver Responsibility Fee for two consecutive years.

Person Under 21 Purchase / Consume / Possess Alcohol

First offense-$100 fine, no action is taken against driver license.
Second offense-$200 fine, driver license is suspended for 30 days/restricted for 60 days.
Third offense-$500 fine, driver license is suspended for 60 days/restricted for 305 days.
Community service may be required.
Alcohol screening may be required.

Person Under 21 Transport or Possess in a Motor Vehicle

Up to a $100 fine.
First offense-no action is taken against driver license.
Second offense-driver license is suspended for 30 days/restricted for 60 days.
Third offense-driver license is suspended for 60 days/restricted for 305 days.
Alcohol screening may be required.
Community service may be required.
Two points on driver record.
Vehicle can be impounded up to 30 days.

Use Fraudulent ID to Purchase Liquor

Up to a $100 fine, 93 days in jail, or both.
90-day driver license suspension.
Alcohol screening may be required.

First Offense

OWVI (Operating While Visibly Impaired)

Up to $300 fine and one or more of the following:

Up to 93 days in jail.
Up to 360 hours of community service.
Driver license restriction for 90 days (180 days if impaired by controlled substance).
Possible vehicle immobilization.
Four points on driver record.
$500 Driver Responsibility Fee for two consecutive years.

Operating While Intoxicated (OWI)/Operating with the Presence of a Schedule 1 Drug (OWPD)

$100 to $500 fine and one or more of the following:

Up to 93 days in jail.
Up to 360 hours of community service.
Driver license suspension for 30 days, followed by restrictions for 150 days.
Possible vehicle immobilization.
Possible ignition interlock.
Six points added to driver record.
$1,000 Driver Responsibility Fee for two consecutive years for OWI.
$500 Driver Responsibility Fee for two consecutive years for OWPD.

Second Offense Within Seven Years

OWI (Operating While Intoxicated)

$200 to $1,000 fine and one or more of the following:

Five days to one year in jail.
30 to 90 days community service.
Driver license denial/revocation for a minimum of one year.
License plate confiscated.
Vehicle immobilization 90 to 180 days unless vehicle is forfeited.
Possible vehicle forfeiture.
Six points on driver record.
$1000 Driver Responsibility Fee for two consecutive years.

OWVI (Operating While Visibly Impaired)

$200 to $1,000 fine and one or more of the following:

Five days to one year in jail.
30 to 90 days community service.
Driver license denial/revocation for a minimum one year.
License plate confiscation.
Vehicle immobilization 90 to 180 days unless vehicle is forfeited.
Possible vehicle forfeiture.
Four points on driver record.
$500 Driver Responsibility Fee for two consecutive years.

Third + Offense Within Lifetime (Felony)

OWI (Operating While Intoxicated)

$500 to $5,000 fine and either:

One to five years imprisonment.
Probation with 30 days to one year in jail.
60 to 180 days community service.
Driver license denial/revocation for a minimum five years.
License plate confiscation.
Vehicle immobilization one to three years unless vehicle is forfeited.
Possible vehicle forfeiture.
Registration denial.
Six points on driver record.
$1000 Driver Responsibility Fee for two consecutive years.

OWVI (Operating While Visibly Impaired)

$500 to $5,000 fine and either:

One to five years in prison.
Probation with 30 days to one year in jail.
60 to 180 days community service.
Driver license denial/revocation for a minimum of five years.
License plate confiscation.
Vehicle immobilization one to three years unless forfeited.
Possible vehicle forfeiture.
Registration denial.
Four points on driver record.
$500 Driver Responsibility Fee.

First Offense OWI/OWVI/OWPD/DWLS causing death/serious injury (felony)

Death-Up to 15 years imprisonment OR $2,500 to $10,000 fine, or both.
Injury-Up to five years imprisonment OR $1,000 to $5,000 fine, or both.
Emergency Responder Death-Up to 20 years imprisonment OR $2,500 to $10,000 fine, or both.
Driver license denial/revocation for a minimum of one year.
License plate confiscation.
Vehicle immobilization up to 180 days unless forfeited.
Possible vehicle forfeiture.
$1,000 Driver Responsibility Fee for two consecutive years.

Second Offense (With Any Priors) OWI/OWVI/OWPD/DWLS causing death/serious injury (felony)

OWI/OWVI/OWPD/DWLS causing death/serious injury (felony)

Death-Up to 15 years imprisonment OR $2,500 to $10,000 fine, or both.
Injury-Up to five years imprisonment OR $1,000 to $5,000 fine, or both.
Emergency Responder Death-Up to 20 years imprisonment OR $2,500 to $10,000 fine, or both.
Driver license denial/revocation for a minimum of five years.
License plate confiscation.
Vehicle immobilization 90 to 180 days unless vehicle is forfeited.
Possible vehicle forfeiture.
$1000 Driver Responsibility Fee for two consecutive years.

DWLS (Driving While License Suspended)

DWLS (first offense)

Up to $500 fine, up to 93 days in jail, or both.
Mandatory additional suspension.
$500 Driver Responsibility Fee for two consecutive years.

DWLS (second offense)

Up to $1,000 fine, up to one year in jail, or both.
Mandatory additional suspension.
Vehicle may be immobilized for up to 180 days.
$500 Driver Responsibility Fee.

DWLS (third offense-must have two priors within seven years-misdemeanor)

Mandatory additional suspension.

License plate confiscated.
Vehicle immobilized 90 to 180 days.
$500 Driver Responsibility Fee for two consecutive years.

DWLS (fourth offense-must have three priors within seven years-misdemeanor)

Same as for third offense.

DWLS (fifth offense-must have four priors within seven years-misdemeanor)

Mandatory additional suspension.

License plate confiscated.
Vehicle immobilized one to three years.
$500 Driver Responsibility Fee for two consecutive years.

Information provided by the State of Michigan.

When charged with a DUI or Drunk Driving related offense in Michigan, time is vital! You need an experienced, tough, aggressive Grand Rapids drunk driving attorney! Please Contact Us to start your defense.