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Penalties & Punishments
Your arrest need not result in a conviction.
Below is a summary of the penalties and punishments that the Michigan Court may impose upon the conviction of typical drunk driving offenses. However, be aware that in addition to the statutory fines, the Court will impose court costs and the Secretary of State will impose driver responsibility fees that significantly increase the total cost of conviction. Your best chances of winning or reducing your penalties is having an experienced Michigan DUI attorney aggressively and effectively defend your rights. Remember, your arrest need not result in a conviction.
Edward Duke has over 30 years of experience as a Michigan DUI defense attorney, and if you’ve been charged in Michigan with an alcohol or drug related traffic offense, he can answer your questions and offer sound professional advice. To discuss the specific facts of your case or to schedule a free initial consultation, contact Edward Duke, Michigan DUI Attorney.
Michigan OWI First Offense / Misdemeanor
| Jail |
Not more than 93 days |
| Fine |
$100-$500 |
| Community Service |
Not more than 360 hours |
| Licensing |
30 days suspension followed by 150 days restriction; 6 points |
| Vehicle Immobilization |
Permissive up to 180 days |
Michigan “Super Drunk” Law First Offense / Misdemeanor
| Jail |
Not more than 180 days |
| Fine |
$200-$700 |
Community Service and
Mandated Treatment |
Not more than 360 hours of service; one-year of treatment |
| Licensing |
45 days suspension followed by 320 days restriction with BAIID installation; 6 points |
| Vehicle Immobilization |
Permissive up to 180 days |
Michigan OWI Second Offense within 7 Years / Misdemeanor
| Jail |
5 days to 1 year |
| Fine |
$200-$1000 |
| Community Service |
240-720 hours |
| Licensing |
Minimum 1 year revocation |
| Vehicle Immobilization |
Required 90-180 days unless forfeited |
Michigan OWI Third Offense or 2 Priors within 10 Years / Felony
| Jail |
1 to 5 years |
| Fine |
$500-$5000 |
| Community Service |
480-1,440 hours |
| Licensing |
1 to 5 year revocation |
| Vehicle Immobilization |
Required 1-3 years unless forfeited |
Michigan Operating with Presence of Drugs First Offense / Misdemeanor
| Jail |
Not more than 93 days |
| Fine |
$100-$500 |
| Community Service |
Not more than 360 hours |
| Licensing |
30 days suspension followed by 150 days restriction; 6 points |
| Vehicle Immobilization |
Permissive up to 180 days |
Michigan OWVI First Offense / Misdemeanor
| Jail |
Not more than 93 days |
| Fine |
Not more than $300 |
| Community Service |
Not more than 360 hours |
| Licensing |
90 day suspension; 4 points |
| Vehicle Immobilization |
Permissive up to 180 days |
Michigan Operation of a Commercial Motor Vehicle* First Offense / Misdemeanor
*.04 < .08
| Jail |
Not more than 93 days |
| Fine |
Not more than $300 |
| Community Service |
None |
| Licensing |
CDL-1 year suspension; OPR-90 day restriction; HAZ-3 year suspension; 0 points |
| Vehicle Immobilization |
Permissive up to 180 days |
Michigan Zero Tolerance First Offense / Misdemeanor
| Jail |
None |
| Fine |
Not more than $250 |
| Community Service |
Not more than 360 hours |
| Licensing |
30 day restricted; 4 points |
| Vehicle Immobilization |
None |
Michigan Zero Tolerance Second Offense within 7 Years / Misdemeanor
| Jail |
Not more than 93 days |
| Fine |
Not more than $500 |
| Community Service |
Not more than 480 hours |
| Licensing |
90 day suspension OR if prior OWI conviction then minimum 1 year revocation |
| Vehicle Immobilization |
None |
Michigan OWI Child Endangerment* / Misdemeanor
*Operating a vehicle while intoxicated while another person under the age of 16 is occupying the vehicle.
| Jail |
5 days-1 year |
| Fine |
$200-$1,000 |
| Community Service |
240-720 hours |
| Licensing |
90 days suspension followed by 90 days restriction; 6 points |
| Vehicle Immobilization |
Permissive up to 180 days |
Michigan OWI Child Endangerment* Second Offense within 7 Years / Felony
*Operating a vehicle while intoxicated while another person under the age of 16 is occupying the vehicle.
| Jail |
30 days-5 years |
| Fine |
$500-$5,000 |
| Community Service |
480-1,440 hours |
| Licensing |
Minimum 1 year revocation |
| Vehicle Immobilization |
Permissive |
Michigan OWI Causing Serious Injury of Another Person First Offense / Felony
| Jail |
Not more than 5 years |
| Fine |
$1,000-$5,000 |
| Community Service |
None |
| Licensing |
Minimum 1 year revocation; 6 points |
| Vehicle Immobilization |
Required up to 180 days |
Michigan OWI Causing Death of Another Person First Offense / Felony
| Jail |
Not more than 15 years |
| Fine |
$2,500-$10,000 |
| Community Service |
None |
| Licensing |
Minimum 1 year revocation; 6 points |
| Vehicle Immobilization |
Required up to 180 days |
Michigan OWI Causing Emergency Responder Death First Offense / Felony
| Jail |
Not more than 20 years |
| Fine |
$2,500-$10,000 |
| Community Service |
None |
| Licensing |
Minimum 1 year revocation; 6 points |
| Vehicle Immobilization |
Required up to 180 days |
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