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What are the penalties for a drunk driving conviction in Michigan?

The Penalties for a 1st OWI Offense include:

  • Up to $500 fine,
  • Up to 93 days in jail,
  • Up to 360 hours of community service,
  • Up to 180 days license suspension, and
  • 6 points on a driver's license.


According to a New Michigan DUI law, enacted in 2010, if your BAC is .17 or higher and it is your a 1st offense your penalties include:

  • Up to $700 fine,
  • Up to 180 days in jail,
  • Up to 360 hours of community service,
  • Up to one year license suspension,
  • 6 points on a driver's license,
  • Mandatory completion of an alcohol treatment program, and
  • Ignition interlock use and compliance after 45 days license suspension is required to receive a restricted driver's license. Convicted drunk drivers have limited driving privileges, are prohibited from operating a vehicle without an approved and properly installed ignition interlock device, and are responsible for all installation and upkeep costs for the device.


Operating While Visibly Impaired (1st Conviction):

  • Up to a $300 fine, and one or more of the following:
    • Up to 93 days in jail.
    • Up to 360 hours of community service.
  • Driver's license restrictions for 90 days (180 days if impaired by a controlled substance).
  • Possible vehicle immobilization.
  • 4 points added to the offender's driving record.
  • Driver Responsibility Fee of $500 for 2 consecutive years.

Second Offense within 7 Years (any combination):

Operating While Intoxicated       

  • $200 to $1000 fine, and one or more of the following:
    • 5 days to 1 year in jail.
    • 30 to 90 days of community service
  • Driver's license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
  • License plate confiscation.
  • Vehicle immobilization for 90 to 180 days, unless the vehicle is forfeited.
  • Possible vehicle forfeiture.
  • 6 points added to the offender's driving record.
  • Driver Responsibility Fee of $1,000 for 2 consecutive years.


Operating While Visibly Impaired

  • $200 to $1,000 fine, and one or more of the following:
    • 5 days to 1 year in jail.
    • 30 to 90 days of community service.
  • Driver's license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
  • License plate confiscation.
  • Vehicle immobilization for 90 to 180 days unless the vehicle is forfeited.
  • Possible vehicle forfeiture.
  • 4 points added to the offender's driving record.
  • Driver Responsibility Fee of $500 for 2 consecutive years.

Third Offense Within Lifetime (any combination) is a Felony:

Operating While Intoxicated

  • $500 to $5,000 fine, and either of the following:
    • 1 to 5 years imprisonment
    • Probation, with 30 days to 1 year in jail.
  • 60 to 180 days community service.
  • Driver's license revocation and denial if there are 2 convictions within 7 years or 3 convictions within 10 years. The minimum period of revocation and denial is 1 year (minimum of 5 years if there was a prior revocation within 7 years).
  • License plate confiscation.
  • Vehicle immobilization for 1 to 3 years, unless the vehicle is forfeited.
  • Possible vehicle forfeiture.
  • Vehicle registration denial.
  • 6 points added to the offender's driving record.
  • Driver Responsibility Fee of $1,000 for 2 consecutive years.

Operating While Visibly Impaired

  • $500 to $5,000 fine, and either of the following:
    • 1 to 5 years imprisonment
    • Probation, with 30 days to 1 year in jail.
  • 60 to 180 days community service.
  • Driver's license revocation and denial if there are 2 convictions within 7 years or 3 convictions within 10 years. The minimum period of revocation and denial is 1 year (minimum of 5 years if there was a prior revocation within 7 years).
  • License plate confiscation.
  • Vehicle immobilization for 1 to 3 years, unless the vehicle is forfeited.
  • Possible vehicle forfeiture.
  • Vehicle registration denial.
  • 4 points added to the offender's driving record.
  • Driver Responsibility Fee of $500 for 2 consecutive years.

Speak to an Experienced Drunk Driving Attorney Today

This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified drunk driving lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local drunk driving attorney to discuss your specific legal situation.

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