Definitions and Consequences of Drinking and Driving Offenses in The State of Michigan
By: Todd Levitt
ZERO TOLERANCE MCL 257.625 (6) (Person under 21 w/BAC) No statutory jail required, maximum fine $250, License Sanctions: 1st offense: 30 day suspension with restrictions; 2nd offense within 7 years, 90 day suspended without restrictions.
Operating While Visibly Impaired 1st (OWVI) MCL 257.625 (3) Maximum Jail 93 days, maximum fine $300, License sanctions: 1st offense: 90 day suspension with restrictions. License sanctions for 2nd offense within 7 years or prior 625 conviction, indefinite revocation eligible for restriction after 1 year. License sanctions for 3rd offense or 2 prior 625 convictions, 1-5 year revocation.
Operating While Intoxicated 2nd (OWI 2nd ) 5 days to 1 year jail. License sanction: 1 year revocation if prior 625 conviction within 7 years. $200-$1000 fine. Vehicle may be subject to immobilization pursuant to MCL 257.625
Operating While Intoxicated 3rd (OWI 3rd) 30 days to 1 year. License sanction: 1-5 year revocation.
Operating With High BAC (Blood Alcohol Content) of .17 or more Maximum jail up to 180 days, $200-$700 License sanctions see above 625 prior convictions.
The Maximum possible license sanctions that may be imposed will be based upon the master driving record maintained by the Secretary of State under MCL 257.204
ALL THE ABOVE MAY BE SUBJECT TO THE FOLLOWING:
1. Secretary of State will suspend your driver’s license.
2. Secretary of State may suspend your driver’s license.
3. The Court will suspend your driver’s license.
4. Secretary of State will revoke or deny your driver’s license
5. Screening and Assessment for substance abuse and rehabilitation may be part of any sentence, all at the defendant’s expense. MCL 257.625b(5)
6. Breath Alcohol Ignition Interlock Device (BAIRD) will be ordered at defendant’s expense.
7. Community Service.
8. In addition, defendant may be ordered to pay restitution, cost of prosecution, and reimburse the county for your jail stay and probation oversight fees.
Central Michigan Student Lawyer, Todd Levitt has been specializing in Drinking and Driving offenses for more than 18 years. Todd Levitt is referred to by the students as Central Michigan’s Lawyer.
Todd can be reached for a free consultation at 989-772-6000