Michigan Law Enforcement refers to driving under the influence as an “OWI” (Operating while intoxicated) although for all intents and purposes – the terms are synonymous.
ABBREVIATIONS: OWI; OUIL; UBAL; OWVI; PER SE; OUID
OWI – Operating While Intoxicated, the “drunk driving law”. It can be proven in either of two ways: the driver was “operating under the influence of liquor” or the driver was operating with an unlawful body alcohol level. CJI2d 15.1. (All references to “CJI2d” are to the Criminal Jury Instructions, second edition.)
OUIL – Operating Under the Influence of Liquor, this looks at the quality of the driving. Requires that an operator’s ability to operate a motor vehicle in a normal manner was “substantially lessened” as the result of drinking alcohol. CJI2d 15.3(2)
UBAL – Unlawful Body Alcohol Level, this looks at the amount of alcohol in a person’s breath, blood, or urine. The defendant was operating the vehicle with a body alcohol level of 0.08 grams of alcohol or more per 100 milliliters of blood/210 of breath/67 milliliters of urine. CJI2d 15.3(1)
OWVI – Operating With Visibly Impaired, the defendant w as operating the vehicle with less ability than would an ordinary careful driver due to drinking alcohol. CJI2d 15.4
PER SE – A different way of referring to UBAL.
OUID – Operating under the Influence of Drugs, the defendant was operating the vehicle with less ability than would an ordinary careful driver due to the driver being under the influence of a controlled substance or a combination of alcohol and a controlled substance.
DRIVING OFFENSE STATUTES
1. Operating While the Influence of Alcohol, a controlled substance or combination of alcoholic liquor and a controlled substance. MCL 257.625(a).
2. Operating with an alcohol content of 0.08 grams or more. MCL 257.625(1)(b).
3. Operating while visibly impaired due to the consumption of alcoholic liquor, a controlled substance or a combination thereof. MCL 257.625(3).
4. Operating a vehicle with any amount of a controlled substance listed in Schedule 1, MCL 333.721(2) of the Public Health Code. MCL 257.625(8).
5. Operating a motor vehicle while intoxicated, impaired, or having any amount of a Section 1 controlled substance causing death. MCL 257.625(4)
6. Operating a motor vehicle while intoxicated, impaired, or having any amount of a Section 1 controlled substance causing serious impairment of a body function. MCL 257.625(5).
7. Operating a motor vehicle while under the age of 21 years with any body alcohol content (usually in excess of 0.02 grams) MCL 257.625(6).
8. Operating a motor vehicle while intoxicated, impaired, causing death while intoxicated, impaired, or with any controlled substance; or causing injury while intoxicated, impaired, or with any controlled substance and also while another person less than 16 years of age is occupying the vehicle. MCL 257.625(7).
9. Operating a snowmobile while under the influence, having an unlawful body alcohol level, or while impaired is prohibited by MCL 324.8127
10. Operating a vessel (boat) while under the influence, having an unlawful body alcohol level, or while impaired is prohibited by MCL 324.80176.
| 1st Offense | 2nd Offense | 3rd Offense | |
| Jail | Up to 93 days | 5 days to 1 year | 30 days to 1 year |
| Fines and Penalties | From $100 to $500 |
From $200 to $1,000 | From $200 to $1,000 |
| License Suspension | Up to 6 months | Min. 1 year | Min. 1 year |
| IID** Required | Possible | Yes | Yes |
Lookback Period: 7 years (Period of time that prior OWIs are relevant for sentencing
Michigan has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Michigan’s implied consent law.
| 1st Offense | 2d offense | 3rd Offense | |
| Refusal to take test | 1 year license suspension | 2 year license suspension | 5 year license suspension |
Costs and Consequences of a Drunk Driving Conviction
If BAC is below .17 and this is a first offense:
- Up to $500 fine
- Up to 93 days in jail
- Up to 360 hours of community service
- Up to 180 days license suspension
- 6 points on a driver’s license
If BAC is .17 or higher and this is a first offense:
- Up to $700 fine
- Up to 180 days in jail
- Up to 360 hours of community service
- Up to one year license suspension
- 6 points on a driver’s license
- Mandatory completion of an alcohol treatment program
- Ignition interlock use and compliance after 45 days license suspension is required to receive a restricted driver’s license. Convicted drunk drivers have limited driving privileges, are prohibited from operating a vehicle without an approved and properly installed ignition interlock device, and are responsible for all installation and upkeep costs for the device.
If your charged with a drunk driving offense in the State of Michigan you should contact an attorney with expertise and experience such as attorney Todd Levitt. For over 20 years Todd Levitt has successfully represented drunk driving offenders and has continually provided exceptional customer service and representation for his clients.
Call 989-772-6000 for a free consultation.
*All information is gathered and supplied by various resources.
http://www.naopia.com/state-dui-laws/dui-laws-in-michigan
http://www.michigan.gov/msp/0,4643,7-123-72297_64773_22774-75633–,00.html
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