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Michigan DUI Laws & Penalties

Michigan DUI Laws

Michigan DUI law is made up of a few related charges that all deal with the broader 'drunk driving' offense. Michigan implemented multiple DUI related charges in an attempt to prevent offenders from getting around the system without proper punishment.

The different Michigan DUI related charges are:

OWVI: Operating While Visibly Impaired. This law provides a way to be charged without a breath sample or other chemical test, all that is required is for the officer to visibly determine your inability to operate a motor vehicle due to alcohol and/or drugs in your body.

OWI: Operating While Intoxicated. This charge is used when alcohol and/or drugs in your body significantly affected your ability to safely operate a motor vehicle. In addition, OWI can be charged with a chemical test reading of .08% or greater.

Per se law. This charge merely is for when you are found to be operating a motor vehicle with a chemical test blood alcohol concentration (BAC) of .08% or greater. No other evidence of impairment is necessary.

Other MI DUI related offenses include: OUIL (Operating Under the Influence of Liquor), UBAL(Unlawful Blood Alcohol Level), OUID (Operating Under the Influence of Drugs).

Michigan DUI Penalties

OUIL/ OUID/UBAL First Offense

  • Jail:  Up to 93 days

  • Fine:  $100 - $500

  • Community Service:  Up to 45 days

  • Drivers license suspension:  6 months (no restricted license for first 30 days)

  • Immobilization up to 6 months (180 days)

OWI First Offense

  • Fine:  $100 - $300

  • Jail:  Up to 93 days

  • Community Service:  Up to 45 days

  • Drivers License Suspension:  90 days

  • Immobilization up to 6 months (180 days)

OUIL Second Offense

  • Fine:  $200 to $1,000

  • Jail:  5 days to 1 year

  • Community Service:  30 to 90 days

  • Drivers License Suspension:  Revocation

  • License Plate Confiscation

  • Immobilization 3 to 6 months (90 - 180 days)

  • Possible vehicle forfeiture

OWI Second Offense

  • Fine:  $200 to $1,000

  • Jail:  5 days to 1 year

  • Community Service:  1-3 months

  • Drivers License Suspension:  Revocation

  • License Plate Confiscation

  • Immobilization 3 to 6 months (90 - 180 days)

  • Possible vehicle forfeiture

Third or Subsequent DUI Offense

  • A third or subsequent DUI offense is a felony offense in Michigan

Michigan BAC Assumptions

  • BAC levels of .001 to .05 are not considered to be under the influence

  • BAC levels of .051 to .079 are not considered to be under the influence, but is admissible in court

  • BAC levels of .08 or greater are considered to be under the influence

Michigan Implied Consent Laws

  • Chemical testing is allowed. Blood, breath and urine.

  • The officer is required to advise the defendant of the penalties for test refusal.

  • Test refusal results in a 6 month to 1 year license suspension and is admissible in court.

  • Test results must be made available to the defendant and his or her Michigan DUI attorneyupon written request.

Chemical Testing

  • Any amount of alcohol proven to be in the defendants blood is admissible in court as evidence.

  • Blood draws for police testing must be administered by a licensed physician, nurse or other qualified person.

  • The defendant has the right to have an independent chemical test done. The cost of the independent testing is the defendants responsibility.

  • Test results must be made available to the defendant and their Michigan DUI attorney upon written request.

Michigan SR22 Insurance

Michigan DUI law requires people convicted of DUI related offenses to carry DUI insurance, or SR22 insurance.  SR22 insurance is a type of high risk auto insurance policy mandated by the Michigan DMV.  Some of the big companies do provide SR22 insurance but most do not.  That means you will have to turn to a company that specializes in this type of high risk auto insurance.

Michigan SR22 insurance is required for a period of 3-years following a drunk driving conviction and can be very expensive if you go with the wrong provider.  We have partnered with the largest and most trusted SR22 insurance provider here in the state of Michigan and have worked out a special discount only available here for our website visitors.

You won't be able to find a cheaper SR22 insurance policy in Michigan for any less.  Type in your zip code below so we can provide the cheapest rates in your area.

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Other Michigan DUI Resources