Michigan DWI Laws, Penalties, and Solutions

In Michigan, 33% of all traffic fatalities stem from drunk driving. That’s why the Michigan DWI laws are unwavering, and the Michigan DWI penalties are severe.

Zero Tolerance

Michigan DUI laws are both strict, and strictly adhered to. If you’re caught driving with a BAC of 0.08% or more, or if you have any presence of Schedule 1 drugs (or cocaine) in your body, you will be prosecuted. And if you are under 21, the law is even less forgiving. Underage minors may not purchase, consume, or even have alcoholic beverages in their possession. It doesn’t matter if the vehicle is safely parked in a parking lot, or even if the beverage is opened or not—minors can be charged with a misdemeanor. And if the minor in question has a BAC of 0.02% or greater, he or she will be arrested.

Alcohol’s Effects

Drinking alcohol has an impact on your body, and the more you drink, the more you are affected. Chances are if you’re reading this article, you already know that. Maybe you remember it from drivers education class. Maybe you recently took an online course to bolster your knowledge. But what you may not yet realize is that alcohol affects your perception, your judgment, and your reaction times—even before you feel “drunk.”

The Crimes

Because there are several different ways to become impaired, and several different levels of impairment, Michigan DUI laws are broken down into a few categories:

Operating While Visibly Impaired (OWVI): If the officer can determine that you’re under the influence just by looking at you, and noticing your behavior, you will be arrested for OWVI. You do not need to have a BAC of 0.08% in order to be charged with OWVI.
Operating While Intoxicated (OWI): If you do, however, have a BAC of 0.08% or greater, you will be charged with OWI. It doesn’t matter whether your BAC was determined at the police station, in your car, or at the hospital.
Operating with Any Presence of a Schedule 1 Drug or Cocaine: If any of the chemical tests—blood, breath, or urine—show that you have these drugs in your system, you can be arrested.
Under Age 21 Operating with Any Bodily Alcohol Content: If you’re underage, and you are found with a BAC of 0.02% to 0.07%, you’re getting arrested. The only caveat is if you can prove that the alcohol you consumed was at a generally recognized religious ceremony.

Michigan DUI Penalties

Michigan DUI laws are set up according to the specific facet of the law that is being broken, and they increase in severity for multiple offenses. Here is the breakdown of the fines and punishments you could receive, as well as how the point system affects you:

Operating While Intoxicated

$100 – $500 fine
Up to 93 days in jail
Up to 360 hours of community service
License suspension for 30 days
License restriction for 150 days (following the suspension)
Possible vehicle immobilization or ignition interlock
6 points on driver record
$1,000 Driver Responsibility Fee for 2 consecutive years

Operating While Visibly Impaired

Up to $300 fine
Up to 93 days in jail
Up to 360 hours of community service
License restriction for 90 days (180 if impaired by a controlled substance)
Possible vehicle immobilization
4 points on driver record
$500 Driver Responsibility Fee for 2 consecutive years

Operating While Intoxicated – 2nd Offense in 7 Years

$200 – $1,000 fine
5 days – 1 year in jail
30-90 days community service
License revocation – 1 year minimum
License plate confiscation
Vehicle immobilization for 90 – 180 days unless vehicle is fortified
Possible vehicle forfeiture
6 points on driver record
$1,000 Driver Responsibility Fee for 2 consecutive years

Operating While Visibly Impaired – 2nd Offense in 7 Years

$200 – $1,000 fine
5 days – 1 year in jail
30 – 90 days of community service
License revocation – 1 year minimum
License plate confiscation
Vehicle immobilization for 90 – 180 days unless vehicle is fortified
Possible vehicle forfeiture
4 points on driver record
$500 Driver Responsibility Fee for 2 consecutive years

OWI or OWVI 3rd Offense in 10 Years

$500 – $5,000 fine
1 – 5 years in jail
30 days – 1 year probation
60 – 180 days community service
License revocation for 5 year minimum
License plate confiscation
Vehicle immobilization for 1-3 years, unless vehicle is fortified
Possible vehicle forfeiture
Registration denial
4 – 6 points on record
$500 – $1,000 Driver Responsibility fee (1-2 years)

Staying Out of Trouble

“Don’t drink and drive” is the simplest way to ensure you don’t run afoul of Michigan DWI laws, but clearly that doesn’t work for everybody. If you have had a few drinks, here are a few ways to avoid getting behind the wheel.

Call a cab: What’s a $20 or $30 cab fare compared to the vast fines listed above?
Get a room: If you’re far from home, crash at a hotel. A $60 bill is much smaller than thousands of dollars in DUI fines.
Phone a friend: Your pal may be upset with a rude awakening, but a true friend would always rather pick you up at the party at 3:00 AM than the police station the next day.

All of the above are better options than getting behind the wheel when you’re under the influence. So heed the advice, and you won’t have to endure any of the harsh Michigan DUI penalties.