DUI | DWI | OWI
1st Offense
Low BAC Offenses (.16 or lower)
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:
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Up to 93 days in jail.
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Up to 360 hours of community service.
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Driver license suspension for 30 days, followed by restrictions for 150 days.
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Possible vehicle immobilization.
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Possible ignition interlock.
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Six points added to driver record.
1st Offense
High BAC Offenses (.17 or higher)
OWI (Operating While Intoxicated) or Operating With Any Presence of a Schedule 1 Drug or Cocaine (OWPD)
$200 to $700 and one or more of the following:
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Up to 180 days in jail.
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Up to 360 hours of community service.
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One year license suspension.
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The Secretary of State may issue a restricted license 45 days after the suspension starts if the person is otherwise eligible.
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Proof of installation of an ignition interlock device is required before a restricted license will be issued.
2nd Offense
Any combination, second offense within seven years:
OWI (Operating While Intoxicated) or Operating With Any Presence of a Schedule 1 Drug or Cocaine (OWPD)
$200 to $1,000 fine and one or more of the following:
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Five days to one year in jail.
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30 to 90 days community service.
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Driver license denial/revocation for a minimum of one year.
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License plate confiscated.
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Vehicle immobilization 90 to 180 days unless vehicle is forfeited.
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Possible vehicle forfeiture.
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Six points on driver record.
3rd Offense
Any combination, third offense within ten years (felony):
OWI (Operating While Intoxicated) or Operating With Any Presence of a Schedule 1 Drug or Cocaine (OWPD)
$500 to $5,000 fine and one or more of the following:
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One to five years imprisonment.
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Probation with 30 days to one year in jail.
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60 to 180 days community service.
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Driver license denial/revocation for a minimum one year.
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License plate confiscation.
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Vehicle immobilization one to three years unless vehicle is forfeited.
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Possible vehicle forfeiture.
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Registration denial.
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Six points on driver record.
A DUI charge can happen to anyone! Michigan residents are hardworking, law-abiding people, just like you and me. Unfortunately, by having one too many, an individual now faces DUI charges and should immediately seek quality legal representation. Making a mistake and facing a DUI offense should not be followed by hiring a defense attorney who doesn’t care about you or want to handle your case.
Are you under 21?
We can help you navigate the uncertainties you're currently facing.
Here's some things you should know if you are charged with a DUI/DWI:
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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.
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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.
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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.
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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.
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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.
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You can transport alcoholic beverages only when accompanied by a person over 21 years else you may be charged with Misdemeanor.
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If you refuse to take the Preliminary Breath Test (PBT) two points will be added to your driving record.
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Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI
Do you
have a CDL?
DUI /DWI Actions against those with a commercial driver’s license
If you drive a commercial vehicle and hold a commercial driver license (CDL):
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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.
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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.
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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.
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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.
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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 chauffeur's or operator license may also be revoked or suspended.
Michigan 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.
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 $200 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).
Can I Refuse a Breathalyzer Test?
You may refuse to take the roadside preliminary breath test (PBT) and field sobriety test, however if you refuse to take the PBT, you will be charged with a civil infraction and fined up to $200 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).
If you refuse the breathalyzer test at the police station and force the police to obtain a warrant to withdrawal your blood the secretary of state imposes a 1 year suspension of your drivers license without the option to obtain a restricted license and you will have 6 points added to your driving record.
Please be aware that suspension of a license 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 Innocent
If you are innocent of a DUI charge, you need someone that’s on your side to help prove it! You may have taken your prescription medicine or eaten something that gave you a false positive on your BAC (blood alcohol content) test. But without a lawyer to argue your case, you may not be able to prove that!
At Mark Caldwell Attorney at Law, we’ll look at the all the circumstances of your DUI chage. That includes the police contact, the field sobriety tests you should have taken, and the methods the police officer used to collect your samples for the BAC test, and the reason for those results. We’ll work hard to convince the judge and jury that you are not guilty and that you don’t deserve any unjust penalties.
If You Are Guilty
If you are guilty, on the other hand, a DUI lawyer can work diligently to have your sentence reduced. For your first offense, a good lawyer may be able to keep you out of jail entirely, and on a second offense, your lawyer can argue that you should receive the minimum penalty of only five days in jail.
The difference between the minimum and the maximum penalties for operating a vehicle while intoxicated amounts to thousands of dollars and multiple years of imprisonment for a third offense within ten years. If you’ve already had DUI charges twice in the past 10 years, you must hire a lawyer. Don’t do it on your own, hire someone that takes care of your case!
At Mark Caldwell Attorney at Law, we pride ourselves on the attention we give to our clients. We keep things confidential, and we work hard for you. Contact us today to learn more.