What Is the Penalty for a DUI in Michigan?

Operating while intoxicated (OWI) occurs in Michigan when it can be determined you have consumed alcoholic liquor and/or a controlled substance, or your bodily alcohol content (BAC) reading is at least 0.08 percent for an adult or 0.02 to 0.08 for a juvenile.

Prior Conviction Penalties

If you get more than one OWI charge within seven years, you become eligible for enhanced sentencing.

Basic Adult Penalties

As of 2009, a first and second OWI offense is a misdemeanor with a $100 to $1,000 fine, 15 to 90 days of community service and/or five to 365 days in prison. A third (or more) OWI offense is a felony with a $500 to $5,000 fine, 60 to 180 days of community service and/or one to five years in prison.

Basic Juvenile Penalties

A juvenile OWI offense is a misdemeanor with a $125 to $500 fine, 15 to 60 days of community service and/or up to 93 days in prison. In all OWI cases, there are additional penalties if you have a child younger than 16 years old in the car with you.

Visibly Impaired Penalties

If you are noticeably drunk when arrested for OWI offense, you are given additional penalties.

Innocent Victim Penalties

If someone is seriously injured or killed as a result of an OWI offense, that is a felony with a $1,000 to $10,000 fine and/or five to 20 years in prison.

Car Owner Penalties

If you allow someone to drive your car who is convicted of an OWI offense while doing so, this is a misdemeanor with a $100 to $500 fine and/or 93 days in prison.

References

• Act 300 of 1949 (Michigan Motor Vehicle Code (Excerpt))