Operating While Intoxicated

In Michigan, it is illegal to operate a vehicle with a blood alcohol content of .08 or above or while under the influence of alcohol.

First Offense

A first offense operating while intoxicated is a misdemeanor, punishable by;

  • Maximum 93 days in jail
  • Maximum $500 fine
  • Community service up to 360 hours

Licensing sanctions include;

  • License suspension of at least 30 days, followed by license restrictions
  • 6 points are assessed on driver’s record
  • $2,000 in driver responsibility fees
  • Possible vehicle immobilization and ignition interlock

Second Offense

A second violation that occurs within seven years of a prior drunk driving conviction is a misdemeanor, punishable by;

  • Minimum five days in jail to maximum one year in jail
  • Maximum $1,000 fine
  • Community Service for a minimum of 30 days

Licensing sanctions include;

  • Minimum license revocation for 1 year, and minimum license revocation for 5 years if a prior license revocation occurred within 7 years
  • $2,000 in driver responsibility fees
  • Vehicle immobilization for 90-180 days
  • Possible ignition interlock

Third and + Offenses

A third offense operating while intoxicated, regardless of when prior drunk driving convictions occurred, is a felony, punishable by;

  • Either,
  • Minimum 30 days in jail, with probation and no fewer than 60 days of community service, or
  • Maximum 5 years imprisonment, and
  • Maximum $5,000 fine

Licensing sanctions include;

  • Minimum license revocation for 1 year, and minimum license revocation for 5 years if a prior revocation occurred within 7 years
  • $2,000 in driver responsibility fees
  • Vehicle immobilization for one year
  • Possible ignition interlock

MCL 257.625

Have you been arrested for Operating While Intoxicated and would like to know more about the  legal process? Read more about The Steps in an OWI Case.

If you have been charged with operating while intoxicated contact ArborYpsi Law at 734.883.9584 or at bernstein@arborypsilaw.com to speak with attorney Sam Bernstein.

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