DRUNK DRIVING / DUI INFORMATION

Please call 616-915-6576 for a FREE consultation

First Offense:
OWI (Operating While Intoxicated) or Operating With Any Presence of a Schedule 1 Drug or Cocaine (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.


High BAC Offenses (.17 or higher)
Up to 180 days in jail.
A fine of at least $200 but not more than $700.
Up to 360 hours of community service.
One year license suspension. 
The Secretary of State may issue a restricted license 45 days after the suspension starts if the person is otherwise eligible.  Proof of installation of an ignition interlock device is required before a restricted license will be issued. 

Any combination, 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.

Any combination, third offense within 10 years (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 one year.
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.


Actions against those under 21 years of age

  1. The license may be restricted for 30 days after the first offense and you may also have to undertake up to 360 hours of community service, pay $250 fine and $500 as Driver Responsibility Fee for two successive years and two points will be added to your driving record.
  2. For the second offense in seven years, your license will be suspended for 90 days- one year, you may have to undertake up to 60 days of community service, pay $500 fine and $500 Driver Responsibility Fee for two successive years and 4 points will be added to your driving record.
  3. The court may order you to pay $100 fine for the first conviction. For a second conviction for any alcohol or drug-related offense (inclusive of possession and use) while driving you may have to pay $200 fine, your license may be suspended for 30 days or restricted for 60 days.
  4. For third offense you will have to pay $500 fine and your license may be restricted for 305 days/suspended for 60 days. You may also have to undergo community service and alcohol screening. Penalties for using fake ID to buy liquor will lead to imprisonment for 93 days and/or $100 fine. Alcohol screening also may be ordered.
  5. You can transport alcoholic beverages only when accompanied by a person over 21 years else you may be charged with Misdemeanor.
  6. If you refuse to take the Preliminary Breath Test (PBT) two points will be added to your driving record.
  7. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI

Actions against those with a commercial driver’s license
If you drive a commercial vehicle and hold a commercial driver license (CDL):

  1. Points will be added to your driving record and you will be barred from driving a commercial vehicle for a year, if you are convicted for your BAC being higher than 0.04% but less than 0.08%. You will also be issued an "out-of-service" order valid for 24 hours by the arresting officer if you have a Unlawful Bodily Alcohol Content (UBAC) of .015 grams or more or if you refuse to submit to a test.
  2. You will be barred from driving a commercial vehicle for at least three years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
  3. You will be barred from driving a commercial vehicle for at least ten years if you are convicted for any of these offenses for the second time.
  4. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties may also be applicable.
  5. If you are convicted for DUI/DWI when driving a non Commercial vehicle, then your CDL may be suspended or revoked subject to type and number of convictions. Your chauffer's or operator license may also be revoked or suspended

-----------------------------------------------------------------------------------------------------------------------------------------------

Preliminary Breath Test

When stopped by a law enforcement officer for suspicion of driving while intoxicated, you may be asked to take sobriety tests including a Preliminary Breath Test (PBT) at the roadside to determine whether you are under the influence of alcohol. If you refuse to take the PBT, you will be charged with a civil infraction and fined up to $150 plus court costs. Persons under age 21 who refuse to take the PBT will receive two points on their driver record. Even if you take the PBT, you must still take the evidentiary chemical test (blood, breath, or urine test).

-----------------------------------------------------------------------------------------------------------------------------------------------Michigan's Implied Consent Law

If arrested for drunk driving in Michigan, you will be required to take a chemical test to determine your bodily alcohol content (BAC). Under Michigan's Implied Consent Law, all drivers are considered to have given their consent to this test. If you refuse a test, six points will be added to your driver record and your license, or non-resident operating privilege, will be suspended for one year. A suspension of a license, or non-resident operating privilege, is automatic for any refusal to submit to the test. This is a separate consequence from any subsequent convictions resulting from the traffic stop. If you are arrested a second time in seven years and again unreasonably refuse the test, six points will be added to your driver record and your license, or non-resident operating privilege, will be suspended for two years. If you refuse to take the test under the Implied Consent Law or if the test shows your BAC is 0.08 or more, your Michigan driver's license will be destroyed by the officer and you will be issued a 625g paper permit to drive until your case is resolved in court.
The Implied Consent suspension may be appealed to the Driver Assessment and Appeal Division. The request for hearing must be mailed within 14 days of the date of arrest or your operator's or chauffeur's license and vehicle group designation or operating privilege will be automatically suspended.   It is strongly recommended that you hire an attorney for the hearing as you will lose your driving privileges for a year if not successful.   

-----------------------------------------------------------------------------------------------------------------------------------------------

CDL Drivers - Alcohol Penalties

Out-of-service Orders
You will be immediately placed out-of-service for 24 hours if you:

  • Refuse to take a preliminary breath test (PBT)
  • Consume alcohol within four hours prior to operating a CMV
  • Consume alcohol while operating a CMV
  • Have a bodily alcohol content (BAC) of .015 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine

Other Alcohol Violations
If you have consume too much alcohol and operate a commercial motor vehicle, you can be charged with:

  • Operating with an unlawful bodily alcohol leval (UBAL) of .10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine
  • Operating under the influence of liquor (OUIL)
  • Operating while impaired (OWI) when your BAC is more than .07 but less than .10 grams per 100
  • milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine
  • Operating with a BAC of .04 – .07 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine
  • OUIL, OWI or UBAL causing death or serious injury

You may be charged with operating under the influence of drugs (OUID).
If you refuse to submit to a chemical test (Implied Consent)* or are convicted of any of the alcohol
offenses listed above, your


CDL
will be:

  • Suspended for one year for a first offense, or three years if transporting hazardous materials; and
  • Revoked for a minimum of ten years for a second or third offense.

Implied Consent means that any person who holds a CDL is considered to have agreed to such testing. Consent is implied by driving a motor vehicle.
Your operator/chauffeur license may also be suspended or revoked and points may be added to your driving record.


Actions against those with a commercial driver’s license
If you drive a commercial vehicle and hold a commercial driver license (CDL):

  1. Points will be added to your driving record and you will be barred from driving a commercial vehicle for a year, if you are convicted for your BAC being higher than 0.04% but less than 0.08%. You will also be issued an "out-of-service" order valid for 24 hours by the arresting officer if you have a Unlawful Bodily Alcohol Content (UBAC) of .015 grams or more or if you refuse to submit to a test.
  2. You will be barred from driving a commercial vehicle for at least three years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
  3. You will be barred from driving a commercial vehicle for at least ten years if you are convicted for any of these offenses for the second time.
  4. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties may also be applicable.
  5. If you are convicted for DUI/DWI when driving a non Commercial vehicle, then your CDL may be suspended or revoked subject to type and number of convictions. Your chauffer's or operator license may also be revoked or suspended.

Please call 616-915-6576 for a FREE consultation

-----------------------------------------------------------------------------------------------------------------------------------------------

A Guide to Ignition Interlock Devices
Ignition Interlock: What you should know
THE LAW:
After a habitual drunk driver has served the minimum period of revocation/denial, he or she may be eligible for a Driver License Appeal hearing.  If the hearing is held after October 1, 1999, and the person is authorized for a restricted license, the hearing officer must order the installation of an ignition interlock device in any vehicle the person intends to operate.  The interlock device must be installed for the first year of license restrictions.  The person cannot drive until after the interlock device has been installed on the vehicle and proof of installation has been submitted to a local branch office of the Secretary of State. 


HOW IT WORKS:
An ignition interlock system, referred to as Breath Alcohol Ignition Interlock Device (BAIID) is a breath alcohol analyzer with computer logic and internal memory that interconnects with the ignition and other control systems of a motor vehicle. The purpose of the BAIID is to measure the bodily alcohol concentration (BAC) of an intended driver and to prevent the motor vehicle from being started if the BAC exceeds the .025. The offender can only drive in a vehicle with an ignition interlock device installed. The device will ask for random retests while driving. If you acquire three startup test violations within a monitoring period, or one rolling retest failure, or the device detects tampering, the device will require the instrument to be brought in immediately or will lock out the driver from further operation. These test violations will result in further extensions of the one year period or the reinstatement of the original order of revocation/denial.

If you have ANY questions concerning the ignition interlock device installed in your vehicle, ask your installer. Make sure you understand how this device operates before you leave the installer's premises as you will be responsible for the consequences of the device's operation.
COST:
The state does not regulate the cost of ignition interlock devices. However, the Legislature did limit the amount that can be charged to people on low-incomes to a maximum of $1 per day. In order to qualify for this reduced fee your income must fall below 150% of the current Poverty Guidelines of the U.S. Secretary of Health and Human Services. To determine if you may qualify, see your vendor for details. The state law does require copies of the previous years filed State Income Tax forms for verification.


FINAL REPORT:
You must drive with an Ignition Interlock installed on your vehicle and a valid drivers license for at least 1 full year. You may then petition the Drivers Assessment and Appeal Division (DAAD) for a hearing. At that hearing you must present your final report(s) issued by your provider(s) to establish the mandatory minimum length of installation required by law.


TROUBLESHOOTING:
If you experience a question or problem that is not covered in your written materials from the vendor, you should first call your vendor's toll free phone number, unless directed differently by the vendor. If the vendor is unable to help you, then you may contact DAAD. You have the option to change vendors if you choose, but you must have a new device installed within 7 days of removal of the previous one, you are subject to all fees as outlined in your contract with the vendors, you will also need a final report from each vendor to submit at your next DAAD hearing, and you must send your new installation certificate to DAAD. It is to your benefit to keep a notebook and log any problems you encounter, along with all phone calls you make with as much detail information as possible. You should also keep copies of all documents for your own files. If you have a complaint against a vendor, please submit it to DAAD in writing at: Department of State, Driver Assessment and Appeal Division, P.O. Box 30196, Lansing, MI 48909-7696.


LOCATION OF SERVICE CENTERS:
Providers who wish to install interlock devices must have a statewide network of service locations which are located within 50 miles (one way) of each driver. In cases where a driver lives more than 50 miles from a service center, the interlock company may use a mobile unit to travel to a location within 50 miles of a driver.


HOW DO I GET AN IGNITION INTERLOCK DEVICE INSTALLED?
You must use a Vendor and device that has been certified by the State of Michigan. Your DAAD order/authorization will include the most current list of certified vendors, or click on following link
> List of Vendors
> or you may call ou Information Center at 1-888-SOS-MICH (1-888-767-6424) .

The State of Michigan and/or their employees do not endorse or recommend vendors. Each vendor is a commercially operated company that has been approved by the State of Michigan according to MCL 257.625(k) and (l). Rates and policies may vary.
VIOLATIONS OF IGNITION INTERLOCK:
Violations of the interlock program are divided into "major" and "minor" violations.
Minor violations include:

  1. Two months or more after the BAIID is installed, 3 start-up test failures (BAIID prevented vehicle from starting) occur within a monitoring period.
  2. The petitioner fails to report to the BAIID installer for monitoring within 7 days after his/her scheduled monitoring date.

Major violations include:

  1. A rolling retest violation (the random retest detects your BAC at 0.04 or more while driving) with no subsequent sample less than 0.04 within 5 minutes.
  2. A §625g permit is issued.
  3. Receives a §625l conviction (crimes for tampering with the device).
  4. Reported of tampering or circumventing or attempts to tamper or circumvent without a conviction.
  5. Three minor violations within a monitoring period.
  6. BAIID is removed and not installed in another vehicle within 7 days.

CONSEQUENCES OF A VIOLATION:
Minor violations will result in a three month BAIID extension, making persons ineligible for a hearing at the end of the original one-year requirement. Major violations will result in an immediate reinstatement of the revocation/denial subject to an administrative hearing.

Blood Alcohol Calculator

Please call 616-915-6576 for a FREE consultation.

Office Address: 161 Ottawa Avenue NW Grand Rapids, MI 49503 (By Appointment Only)