Drivers convicted of drunk driving offenses such as Operating While Intoxicated (OWI), Operating While Visibly Impaired (OWVI), or violations under the state’s “Superdrunk” law face severe penalties, including significant impacts on their driving privileges. Michigan has stringent driving sanctions for drunk drivers. It is possible to lose your driver’s license even before you are convicted of DUI if you refused a chemical test after your arrest. This is called an implied consent violation, and the penalty is a one-year suspension of your license and six points, even if you are innocent of the actual drunk driving.
If you have been arrested for drunk driving or operating while intoxicated in Michigan, it is crucial to act quickly and consult a knowledgeable DUI defense attorney to protect your driving privileges. In cases involving an implied consent violation, such as refusing a chemical test, you may lose your right to appeal the suspension if you do not request a hearing within 14 days of your arrest. Timing is critical, and delays can have serious consequences. If you are facing DUI charges, contact experienced Michigan DUI defense attorney Paul J. Tafelski at Michigan Defense Law by calling (248) 451-2200 today. With years of experience and a strong track record of strategic, results-driven defense, our team can help safeguard your rights, your license, and your future.
What Happens If You Get Caught Drunk Driving in Michigan?
Penalties for drunk driving in Michigan include up to 93 days in jail, a $500 fine, and a 6-month license suspension for a first offense. Repeat offenses lead to harsher penalties, including longer jail time, mandatory ignition interlock devices, and possible felony charges for multiple offenses.
The Facts About DUI Driving Penalties
In Oakland County and throughout metro Detroit, having a reliable means of transportation is often essential for daily life. When a driver’s license is taken away, it can disrupt work, family responsibilities, and access to basic needs. After a DUI arrest in Michigan, it’s important to recognize that your ability to drive may be at risk even before a conviction is entered.
If a conviction does occur, the consequences for your driver’s license are not determined in the courtroom. Instead, the Michigan Secretary of State handles these penalties through an automated system that enforces license suspensions or revocations based on the offense. Judges do not have the authority to override this process or grant restricted driving privileges, regardless of personal circumstances. The opportunity to protect your license arises during the legal proceedings, making it important to address these issues early in the case rather than waiting until after a decision is made.
If you are arrested for DUI and refuse a chemical test, such as the Datamaster breath test or a requested blood draw, you will face an implied consent violation. To challenge this suspension, you must act quickly. You have only 14 days from the date of your arrest to request a hearing with the Michigan Secretary of State’s Driver Assessment and Appeal Division (DAAD).
If you fail to request the administrative hearing, or the Driver Assessment and Appeal Division upholds the suspension, you will lose your driving privileges for one year for a first violation of the implied consent law or two years for a second refusal within seven years. The DAAD process is highly technical and unforgiving to those unfamiliar with the procedures. Having a knowledgeable Michigan DUI defense lawyer by your side is critical for protecting your driving privileges and presenting your case effectively.
At Michigan Defense Law, we understand how to navigate these administrative hearings and can fight for your right to drive. If the hearing does not result in a favorable outcome, we are prepared to immediately pursue an appeal in circuit court, either on legal grounds or through a hardship petition. In these appeals, your personal need for a license becomes relevant, and having an experienced advocate is essential.
Beyond breath test refusal cases, a first-time conviction for Operating While Intoxicated (OWI) carries additional penalties. These include up to six points on your driving record and a license suspension of up to six months, with eligibility for a restricted license after 30 days. For those convicted of Operating While Visibly Impaired (OWVI), the Secretary of State will issue a 90-day restricted license.
A restricted license allows limited driving for essential purposes only, such as commuting to work or school, attending court-ordered programs, and traveling to medical appointments. However, judges cannot expand or modify the terms of these licenses. Many everyday needs are not covered, which is why minimizing the restriction period should be a top priority in your case.
Facing a DUI charge can feel overwhelming, but acting promptly and working with the right legal team can make a significant difference.
| Situation | Penalty or Action Required |
|---|---|
| DUI Arrest & Refusal of Breath/Blood Test | License suspension for 1 year (first refusal); 2 years (second refusal within 7 years) |
| Implied Consent Violation | Hearing with Driver Assessment and Appeal Division (DAAD); appeal possible in Circuit Court |
| Conviction – First Offense OWI/DUI | Up to 6 points on license; license suspended for up to 6 months; eligible for restricted license after 30 days |
| Conviction – Operating While Visibly Impaired (OWVI) | 90-day restricted license |
| Missed Administrative Hearing | Automatic suspension applies as per violation |
Michigan OWI Sentencing Guidelines for 1st, 2nd, and 3rd Offenses
Michigan takes driving under the influence seriously, with strict penalties increasing significantly with each subsequent offense. Here’s a breakdown of the sentencing guidelines for 1st, 2nd, and 3rd OWI offenses under Michigan law (Mich. Comp. Laws § 257.625):
First Offense OWI
A first offense OWI in Michigan is treated as a misdemeanor. If convicted, the individual faces:
- Jail Time: Up to 93 days in jail, which can increase to 180 days if the blood alcohol content (BAC) was .17% or greater.
- Fines: Ranging from $100 to $500, increasing to $200 to $700 if BAC was 0.17% or higher.
- Community Service: Up to 360 hours may be ordered.
- License Suspension: A 180-day license suspension is standard, with no driving allowed in the first 30 days.
Second Offense OWI
A second OWI within seven years escalates the severity of penalties, still classified as a misdemeanor:
- Jail Time: Mandatory minimum of 5 days, up to 1 year in jail.
- Fines: From $200 to $1,000.
- Community Service: Between 30 to 90 days.
- License Revocation: Complete revocation for a minimum of one year without the possibility of a restricted license during this period.
Third Offense OWI
The third OWI offense within a lifetime is categorized as a felony, reflecting the state’s stringent stance against repeat offenders:
- Prison Time: Between 1 to 5 years.
- Fines: From $500 to $5,000.
- Community Service: Ranging from 60 to 180 days.
- License Revocation: A 5-year license revocation.
For all offenses, penalties can be more severe if a minor under 16 was in the vehicle, or if any bodily harm or death occurred as a result of the impaired driving. Michigan laws aim to deter drunk driving and reduce repeat offenses through these strict measures. Individuals facing such charges should seek legal guidance promptly to address the potential impacts on their lives and livelihoods.
How Do Michigan’s Drunk Driving Penalties Compare to Other States?
Michigan’s drunk driving penalties are moderately strict compared to other states. A first offense can lead to jail time, fines, and a license suspension, which aligns with national averages. However, Michigan imposes a felony for a third offense regardless of time frame, which is stricter than many states.
Penalties for Repeat DUI and High BAC Offenses in Michigan
Repeat offenders need to be aware that drivers convicted of a second offense of OWI / DUI / DWI within seven years may maintain a restricted driver’s license ONLY if they are taking part in a state-approved Sobriety Court program. You may qualify for a restricted driver’s license to operate a vehicle equipped with an alcohol breath ignition interlock device and travel to work, school, or a court-ordered treatment program. If you cannot get into an approved Sobriety Court program, your license will be automatically revoked for a minimum of one year. The process to get your license back is difficult and serious.
Under Michigan’s Super Drunk law, drivers convicted with a blood alcohol content (BAC) of 0.17 or higher face enhanced penalties. A conviction results in a one-year license suspension, including a mandatory 45-day hard suspension where no driving is permitted at all. After 45 days, the driver may qualify for a restricted license only by installing an ignition interlock device and maintaining it for the remainder of the 10-and-a-half-month suspension.
A driver must blow into the ignition interlock device upon starting the car; the vehicle will not start if the device detects alcohol, and it will record the positive start-up failure, and the Court will be notified. Operating or attempting to operate a vehicle equipped with an interlock device after consuming alcohol can result in a doubling of the DUI driving penalties, meaning an additional 45 days of no driving followed by 320 days of restricted driving. In addition to these restrictions, Super Drunk convictions come with mandatory alcohol counseling and treatment programs that can last for an extended period.
Ignition Interlock Devices
Ignition interlock devices are required in both Sobriety Court and Super Drunk cases. They monitor a driver’s alcohol consumption and are designed to prevent the operation of a vehicle after drinking. Violations recorded by these devices can result in additional legal consequences and extended restrictions on driving privileges.
Vehicle Forfeiture & Immobilization
In cases involving multiple DUI convictions or certain aggravating factors, Michigan courts may order vehicle forfeiture or immobilization. These penalties are typically applied in second or third offenses, or where the driver operates a vehicle without a valid license or violates the terms of an interlock-restricted license. Immobilization can last from 90 to 180 days, and forfeiture may result in permanent loss of the vehicle.
Michigan Blood Alcohol Content Limits
Michigan’s law prohibits a person from operating a vehicle with blood alcohol content (BAC) greater than 0.08%. Violation of this law can lead to criminal charges. The state of Michigan takes drunk driving seriously. Driving with a BAC higher than 0.17 could result in you being charged under the state’s Super Drunk Law, and you may also be subject to additional penalties.
Michigan law also prohibits driving while under the influence of drugs or when alcohol consumption impairs your ability to operate a vehicle safely. Even if your BAC is below the legal limit, you may still face charges such as Operating While Visibly Impaired (OWVI) if an officer determines that alcohol or drug use has visibly affected your driving.
If you fail to obey traffic signals or swerve out of your lane, this could give police officers reason to pull you over, which could lead to your arrest. At that point, you should contact a lawyer. Police must always have probable cause to stop you. The probable cause of your arrest will be established by a chemical test like a breathalyzer. You could face criminal charges if you fail to submit to a breathalyzer or blood test. This is why it is so important to speak with a lawyer right away to help you through the first stages of your case.
If you are facing OWI or related charges in Michigan, it is important to seek the help of an experienced DUI attorney right away. A skilled lawyer may be able to help you create a solid defense strategy and help you protect your rights and your freedom. Contact Michigan Defense Law today at (248) 451-2200 to schedule a free consultation regarding your case.
