DRUNK DRIVING OFFENSES

Substance Abuse and Driving

Under Michigan law, it is illegal to drive:

• While intoxicated, or impaired, by alcohol, illegal drugs, and some prescribed medications.
• With a bodily alcohol content of 0.08 or more. (This crime is one of the driving while intoxicated offenses.)
• With a bodily alcohol content of 0.17 or more. (This "High BAC" crime is one of the driving while intoxicated offenses.)
• With any amount of cocaine or a Schedule 1 controlled substance in your body. (For more information about Schedule 1 drugs, see section 7212 of the Michigan Public Health Code; MCL 333.7212.)

Additionally, if you are under age 21, it is also against the law to:

• Drive with a bodily alcohol content of 0.02 or more, or with any presence of alcohol in your body except for that consumed at a generally recognized religious ceremony.
• Buy, possess, or consume alcoholic beverages. You may transport alcohol in a vehicle only when accompanied by someone age 21 or older. If you are stopped by the police, with alcohol in your vehicle, and there is no adult with you, you can be charged with a misdemeanor, whether you are on the road or in a parking lot.

Types of Charges

Operating While Visibly Impaired (OWVI) means that because of alcohol or other drugs, your ability to operate a motor vehicle was visibly impaired.

Operating While Intoxicated (OWI) includes 3 types of violations:

• Alcohol or drugs in your body substantially affected your ability to operate a motor vehicle safely.
• A bodily alcohol content (BAC) at or above 0.08. This level can be determined through a chemical test.
• High BAC means the alcohol level in your body was at or above 0.17. This level can be determined through a chemical test.

Operating With Any Presence of a Schedule 1 Drug or Cocaine (OWPD) means having even a small trace of these drugs in your body, even if you do not appear to be intoxicated or impaired. This can be determined through a chemical test.

Under Age 21 Operating With Any Bodily Alcohol Content (Zero Tolerance) means having a BAC of 0.02 to 0.07, or any presence of alcohol in your body other than alcohol that is consumed at a generally recognized religious ceremony.

Teen Drivers and Alcohol

For more information about license actions for drivers under the age of 21, please see the Zero Tolerance section under Driver's License Actions, below.

Anti-Drunk and Drugged Driving Laws

Michigan's anti-drunk and drugged driving laws require swift and sure action and stiff penalties for drivers who violated them. The laws require:

• Courts to decide drunk driving and drugged driving cases within 77 days after the arrest.
• A mandatory 6-month driver license suspension, even for a first conviction. The driver may be eligible for a restricted license after serving 30 days of the suspension.
• A mandatory 1-year driver license suspension for a first conviction of operating with a BAC of .17 or higher. This "High BAC" crime is one of the operating while intoxicated offenses. A High BAC driver may be eligible for a restricted license after serving 45 days of the license suspension, but only if an ignition interlock device is installed on any vehicle the offender owns or intends to operate.
• Court to order participation in, and successful completion of, 1 or more rehabilitation programs, including alcohol treatment or a self-help program, or another program the court decides is appropriate. The court must order this rehabilitation if the defendant has 1 or more prior convictions, or is convicted of High BAC.
• Five days to 1 year of consecutive jail time, or 30 to 90 days of community service, or both for a second conviction of drunk or drugged driving.
• Harsher license sanctions of revocation and denial for persons with multiple drunk or drugged driving convictions.
• A reinstatement fee of $125 if your driver's license was suspended, revoked, or restricted.
• A Driver Responsibility Fee of $1,000 for 2 consecutive years for a driving while intoxicated conviction, including a High BAC conviction.
• A Driver Responsibility Fee of $500 for 2 consecutive years for convictions for driving while impaired, with any presence of a Schedule 1 drug or cocaine, or child endangerment.

Additionally, the laws make the following drunk and drugged driving offenses felonies:

• A third conviction in the driver's lifetime.
• A conviction for drunk or drugged driving that causes death.
• A conviction for drunk or drugged driving that causes serious injury to another person.

Michigan's Implied Consent Law

If you are arrested for drunk or drugged driving, you are required to take a chemical test to determine your bodily alcohol content (BAC) or the presence of drugs in your body. Under Michigan's Implied Consent law, all drivers are considered to have given their consent to this test.

Refusing to take this test has driver's license consequences that are separate from those that result from any conviction that flows from the traffic stop. You may request an administrative hearing regarding the alleged refusal. At the hearing, the law enforcement officer would have to prove certain things before the statutory consequences would apply. If you do not request the hearing, or if the officer proves his or her case at the hearing, the following will happen:

• Six points will be added to your driving record.
• Your license will be suspended for 1 year if it is the first time you refused to take the test under the Implied Consent law.
• Your license will be suspended for 2 years if you refused to take the test one or more times within the preceding 7 years. There are no hardship appeals in circuit court for a restricted license in this situation.

If you refuse to take the test, or if the test shows that your BAC is 0.08 or higher, the law enforcement officer will destroy your driver license, and will issue a paper permit to you. You may drive on the paper permit until your criminal case is resolved in court.

WHAT MIGHT HAPPEN?

First Offense:

Operating While Intoxicated (OWI) or Operating With Any Presence of a Schedule 1 Drug or Cocaine (OWPD)

• $100 to $500 fine and one or more of the following:
  
  • Up to 93 days in jail.
  • Up to 360 hours of community service.
• Driver's license suspension for 30 days, followed by license restrictions for 150 days.
• Possible vehicle immobilization.
• Possible ignition interlock.
• Six points added to driving record.
• Driver Responsibility Fee:
  
  • $1,000 for 2 consecutive years for OWI.
  • $500 for 2 consecutive years for OWPD.

High Blood Alcohol Content (BAC of .17 or higher). This is one of the operating while intoxicated crimes, but it has harsher consequences.

• One or more of the following:
  
  • Up to 180 days in jail.
  • $200 to $700 fine.
  • Up to 360 hours of community service.
• Driver's license suspension for 1 year. Eligible for restrictions after 45 days of suspension if an ignition interlock device is installed on all vehicles the offender owns or intends to operate.
• Possible metal license plate confiscation if the offender operates a vehicle without a properly installed ignition interlock device.
• Mandatory vehicle immobilization if the offense is subsequently convicted for operating a vehicle without a properly installed ignition interlock device.
• 6 points added to the offender's driving record.
• Driver Responsibility Fee of $1000 for 2 consecutive years.

Operating While Visibly Impaired

• Up to a $300 fine, and one or more of the following:
  
  • Up to 93 days in jail.
  • Up to 360 hours of community service.
• Driver's license restrictions for 90 days (180 days if impaired by a controlled substance).
• Possible vehicle immobilization.
• 4 points added to the offender's driving record.
• Driver Responsibility Fee of $500 for 2 consecutive years.

Second Offense within 7 Years (any combination):

Operating While Intoxicated

• $200 to $1000 fine, and one or more of the following:
  
  • 5 days to 1 year in jail.
  • 30 to 90 days of community service
• Driver's license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
• License plate confiscation.
• Vehicle immobilization for 90 to 180 days, unless the vehicle is forfeited.
• Possible vehicle forfeiture.
• 6 points added to the offender's driving record.
• Driver Responsibility Fee of $1,000 for 2 consecutive years.

Operating While Visibly Impaired

• $200 to $1,000 fine, and one or more of the following:
  
  • 5 days to 1 year in jail.
  • 30 to 90 days of community service.
• Driver's license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
• License plate confiscation.
• Vehicle immobilization for 90 to 180 days unless the vehicle is forfeited.
• Possible vehicle forfeiture.
• 4 points added to the offender's driving record.
• Driver Responsibility Fee of $500 for 2 consecutive years.

Third Offense Within Lifetime (any combination) is a Felony

Operating While Intoxicated

• $500 to $5,000 fine, and either of the following:
  
  • 1 to 5 years imprisonment
  • Probation, with 30 days to 1 year in jail.
• 60 to 180 days community service.
• Driver's license revocation and denial if there are 2 convictions within 7 years or 3 convictions within 10 years. The minimum period of revocation and denial is 1 year (minimum of 5 years if there was a prior revocation within 7 years).
• License plate confiscation.
• Vehicle immobilization for 1 to 3 years, unless the vehicle is forfeited.
• Possible vehicle forfeiture.
• Vehicle registration denial.
• 6 points added to the offender's driving record.
• Driver Responsibility Fee of $1,000 for 2 consecutive years.

Operating While Visibly Impaired

• $500 to $5,000 fine, and either of the following:
  
  • 1 to 5 years imprisonment
  • Probation, with 30 days to 1 year in jail.
• 60 to 180 days community service.
• Driver's license revocation and denial if there are 2 convictions within 7 years or 3 convictions within 10 years. The minimum period of revocation and denial is 1 year (minimum of 5 years if there was a prior revocation within 7 years).
• License plate confiscation.
• Vehicle immobilization for 1 to 3 years, unless the vehicle is forfeited.
• Possible vehicle forfeiture.
• Vehicle registration denial.
• 4 points added to the offender's driving record.
• Driver Responsibility Fee of $500 for 2 consecutive years.

Causing Death or Serious Injury if Operating While Intoxicated, Operating While Visibly Impaired, Operating with Any Presence of Drugs, or Operating While License Suspended, Revoked or Denied (First Offense) These crimes are felonies.

• Death -- Up to 15 years imprisonment, or a fine of $2,500 to $10,000, or both.
• Injury -- Up to 5 years imprisonment, or a fine of $1,000 to $5,000, or both.
• Emergency Responder Death -- Up to 20 years imprisonment, or a fine of $2,500 to $10,000, or both.
• Driver's license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
• License plate confiscation.
• Vehicle immobilization for up to 180 days, unless the vehicle is forfeited.
• Possible vehicle forfeiture.
• 6 points added to the offender's driving record.
• Driver Responsibility Fee of $1,000 for 2 consecutive years.

Causing Death or Serious Injury if Operating While Intoxicated, Operating While Visibly Impaired, Operating with Any Presence of Drugs, or Operating While License Suspended, Revoked or Denied (Second Offense within 7 years) These crimes are felonies.

• Death -- Up to 15 years imprisonment, or a fine of $2,500 to $10,000, or both.
• Injury -- Up to 5 years imprisonment, or a fine of $1,000 to $5,000, or both.
• Emergency Responder Death -- Up to 20 years imprisonment, or a fine of $2,500 to $10,000, or both.
• Driver's license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
• License plate confiscation.
• Vehicle immobilization for up to 180 days, unless the vehicle is forfeited.
• Possible vehicle forfeiture.
• 6 points added to the offender's driving record.
• Driver Responsibility Fee of $1,000 for 2 consecutive years.

Open Intoxicants in a Motor Vehicle

• Up to a $100 fine.
• First offense -- No action taken against driver's license.
• Second offense -- Driver's license is suspended for 30 days, followed by restrictions for 60 days.
• Third offense -- Driver's license is suspended for 60 days, followed by restrictions for 305 days.
• Alcohol screening may be required.
• points added to the offender's driving record.

Driver's License Sanctions for Drivers Under Age 21

Zero Tolerance (under age 21)

First Offense

• Up to a $250 fine, or up to 360 hours of community service, or both.
• Driver's license is restricted for 30 days.
• 4 points are added to the offender's driving record.
• Driver Responsibility Fee of $500 for 2 consecutive years.

Second Offense with 7 years

• One or more of the following:
  
  • Up to a $500 fine.
  • Up to 60 days of community service.
  • Up to 93 days in jail.
• Driver's license suspension for 90 days. If there is a prior drunk or drugged driving conviction, there is a driver license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
• 4 points are added to the offender's driving record.
• Driver Responsibility Fee of $500 for 2 consecutive years.

Person Under 21 Purchase/Consume/Possess Alcohol

• First offense -- $100 fine. No driver's license sanction.
• Second offense -- $200 fine. Driver's license is suspended for 30 days and restricted for 60 days.
• Third offense -- $500 fine. Driver's license is suspended for 60 days and restricted for 305 days.
• Alcohol screening may be required.
• Community service may be required.

Person Under 21 Transporting or Possessing Alcohol in a Motor Vehicle

• Up to a $100 fine.
• Driver's license sanctions:
  • First offense -- No driver's license sanction.
  • Second offense -- Driver's license suspension for 30 days, and restriction for 60 days.
  • Third offense -- Driver's license suspension for 60 days, and restriction for 305 days.
• Alcohol screening may be required.
• Community service may be required.
• Vehicle may be impounded for up to 30 days.
• 2 points are added to the offender's driving record.

Using Fraudulent ID to Purchase Alcohol

• Up to a $100 fine, or up to 93 days in jail, or both.
• Driver's license is suspended for 90 days.
• Alcohol screening may be required.

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CAVEAT AND DISCLAIMER

These materials have been prepared by McCarty Law Office, PLC for information purposes only. These materials do not constitute legal advice and cannot be relied upon by readers for their particular circumstance. Receipt of this information does not create an Attorney-Client relationship.