Operate While Intoxicated or Impaired

Michigan Penalties for First Second, Third Offense Drunk Driving

Michigan drinking and driving laws are among the toughest in the country. A second or third offense is devastating with penalties including possible prison and indefinite license revocation. We will aggressively defend anyone charged with a Michigan drinking driving offense including Super Drunk, Child Endangerment or Zero Tolerance in all courts including Sterling Heights, Warren, Clinton Township and Royal Oak.

1st Offense, Operate While Impaired (OWVI)

  • License Sanctions
  • Maximum Jail
  • Maximum Fine
  • Community Service
  • Vehicle Immobilization
  • License Plate Action
  • Restricted for 90 days, 180 days if impaired by controlled substance
  • 93 days
  • $300, plus costs
  • Up to 360 hours
  • Discretionary
  • None

1st Offense: Operate While Intoxicated, BAC .08% or Greater (OWI)
Or With the Presence of Schedule 1 Drugs or Cocaine (OWPD)

  • License Sanctions
  • Maximum Jail
  • Maximum Fine
  • Community Service
  • Vehicle Immobilization
  • License Plate Action
  • Suspend 30 days, restrict 150 days
  • 93 days
  • $500, plus costs
  • Up to 360 hours
  • Discretionary
  • None

2nd Offense Within 7 Years: Any Combination OWI, OWPD, OWVI, Including 1 Zero Tolerance

  • License Sanctions
  • Maximum Jail
  • Maximum Fine
  • Community Service
  • Vehicle Immobilization
  • License Plate Action
  • Indefinite revocation, minimum 1 year
  • 5 days to 1 year
  • $200 to $1000, plus costs
  • 30 to 90 days
  • 90 to 180 days unless forfeited
  • Confiscated

3rd Lifetime Offenses: Felony

  • License Sanctions
  • Maximum Jail
  • Maximum Fine
  • Community Service
  • Vehicle Immobilization
  • License Plate Action
  • Registration of Vehicles
  • Indefinite revocation for 2 offenses within 7 years or 3 within 10 years
  • 1 to 5 years in prison or, probation with 30 days to 1 year in jail
  • $500 to $5000, plus costs
  • 60 to 180 days
  • 1 to 3 years unless forfeited
  • Confiscated
  • Denied

In addition to the above:

  • 6 points for Operating While Intoxicated (OWI or OWPD)
  • 4 points for Impaired Driving (OWVI)
  • License revocation for a minimum of 1 year for any 2 offenses within 7 years and 3 offenses within 10 years. A second revocation is for a minimum of 5 years.
  • Driver responsibility fees: $1,000 per year for 2 consecutive years for OWI, $500 per year for 2 consecutive years for Impaired Driving or OWPD
  • Mandatory substance abuse assessments for all drinking and driving cases.

The stakes are high when you get a DUI! Make an appointment with the ABDO LAW FIRM in Clinton Township immediately and let us take care of everything.

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