First Offense

A first offense operating while visibly impaired is a misdemeanor punishable by;

  • Maximum 93 days in jail
  • Maximum $300 fine, plus court costs
  • Community service for no more than 360 hours

Licensing sanctions include;

  • 90 days restricted license
  • 4 points are assessed on driver’s record
  • Driver’s responsibility fees
  • Possible vehicle immobilization

Second Offense

An operating while visibly impaired violation that occurs within seven years of a prior drunk driving conviction is a misdemeanor, punishable by;

  • Minimum 5 days in jail to maximum 1 year in jail
  • Maximum $1,000 fine
  • Community service of 30-90 days

Licensing sanctions include;

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

Third and + Offenses

A third offense operating while visibly impaired 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

Licensing sanctions include;

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

MCL 257.625

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

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

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