Summary of Michigan's DWI / UBAL / OUIL / OWI / OUIN
Law
The following charts show the penalties for
drunk driving and license suspension violations in Michigan.
| Crime |
1st Offense |
2nd Offense |
OUIL / UBAC / OUID
§625(1) |
Misdemeanor
Fine/Jail/Comm Svc:
1 or more of the following:
Up to 93 days jail; $100 - $500 fine; up to 45 days
comm svc
Licensing: 30/150 days susp./rest.
Plate conf: None
Immob: Permissive up to 180 days
Reg Deny: None
Forf: None
|
Misdemeanor
Fine/Jail/Comm Svc:
$200 - $1000 fine And one or more of the following:
5 days to 1 year jail; 30-90 days comm svc.
Licensing: minimum 1 year revocation/denial
Plate conf: Required
Immob: Required 90 to 180 days unless forfeited.
Reg Deny: None
Forf: Permissive
|
| |
1st Offense |
2nd Offense |
OWI
§625(3) |
Misdemeanor
Fine/Jail/Comm Svc:
1 or more of the following:
Up to 93 days jail; up to $300 fine; up to 45 days
comm svc.
Licensing: 90 days rest.
Plate conf: None
Immob: Permissive up to 180 days
Reg Deny: None
Forf: None
|
Misdemeanor
Fine/Jail/Comm Svc:
$200 - $1000 fine And one or more of the following:
5 days to 1 year jail; 30-90 days comm svc.
Licensing: minimum 1 year revocation/denial
Plate conf: Required
Immob: Required 90 to 180 days unless forfeited
Reg Deny: None
Forf: Permissive
|
| |
1st Offense |
2nd Offense |
Zero Tolerance
§625(6) |
Misdemeanor
Fine/Jail/Comm Svc:
Up to $250 fine OR up to 60 days comm svc, or both.
Licensing: 30 days rest.
Plate conf: None
Immob: None
Reg Deny: None
Forf: None
|
Misdemeanor
Fine/Jail/Comm Svc:
One or more of the following: up to 60 days comm
svc; up to $500 fine; up to 93 days jail.
Licensing: 90 day susp OR if prior §625 then minimum
1 year revocation/denial
Plate conf: None
Immob: None
Reg Deny: None
Forf: None
|
| |
1st Offense |
2nd Offense |
Child Endangerment
§625(7) |
Misdemeanor
Fine/Jail/Comm Svc:
$200 - $1000 fine AND one or more of the following:
5 days to 1 year jail; 30-90 days comm svc.
Licensing: 90/90 susp./rest.
Plate conf: None
Immob: Permissive up to 180 days
Reg Deny: None
Forf: Permissive
|
Felony
Fine/Jail/Comm Svc:
$500 - $5000 fine And either of the following: 1-5
years prison; probation with 30 days to 1 year jail
AND 60-180 days comm svc.
Licensing: minimum 1 year revocation/denial
Plate conf: Required
Immob: Required 90 to 180 days unless forfeited
Reg Deny: None
Forf: Permissive
|
| Endangerment - Zero Tolerance
w/occupant < 16 |
Misdemeanor
Fine/Jail/Comm Svc:
One or more of the following: up to 60 days comm
svc; up to $500 fine; up to 93 days in jail.
Licensing: 90/90 susp./rest.
Plate conf: see 1st, 2nd offense
Immob: see 1st & 2nd
Reg Deny: None
Forf: Permissive
|
Misdemeanor
Fine/Jail/Comm Svc:
$200 - $1000 fine AND one or more of the following:
5 days to 1 year jail; 30-90 days comm svc.
Licensing: revoke
Plate conf: see 1st, 2nd offense
Immob: see 1st & 2nd
Reg Deny: None
Forf: Permissive
|
| |
1st Offense |
2nd Offense |
.04 CDL Commercial Drivers
License
§625m(1) |
Misdemeanor
Fine/Jail/Comm Svc:
Up to $300 fine OR up to 93 days jail, or both
Licensing: CDL - 1 year susp., OPR 90 days rest.,
HAZ - 3 year susp.
Plate conf: None
Immob: Permissive up to 180 days
Reg Deny: None
Forf: None
|
Misdemeanor
Fine/Jail/Comm Svc:
Up to $1000 fine OR up to 1 year prison, or both
Licensing: CDL - minimum 10 yr rev., OPR 1 yr rev./den.
Plate conf: Required
Immob: Required 90 to 180 days
Reg Deny: None
Forf: None
|
| |
1st Offense |
2nd Offense |
| Drug Law Violations |
Misdemeanor
ALL
Licensing: 30/150 susp./rest.
|
Misdemeanor
ALL
Licensing: 60/365 susp./rest.
|
2003
Changes to Michigan's Drunk Driving Laws
( DWI / UBAL / OUIL / OWI /
OUIN )
OVERVIEW
In July of 2003, the Michigan legislature
passed and the Governor signed into law two bills designed
to bring Michigan into compliance with the National Highway
Transportation Safety Administration's requirement that
all states adopt a blood alcohol threshold of .08% for
drunk driving offenses. Although the amendments make this
change, they includes a number of other significant changes
to the existing law. The following are some of the more
significant changes.
OPERATING WHILE INTOXICATED
The legislation changes the name of the
offense from Operating Under the Influence of Liquor to
Operating While Intoxicated. That offense includes both
operating with a blood alcohol level of .08% or more,
as well as operating while under the influence of alcohol,
a controlled substance, or a combination of alcohol and
a controlled substance.
OPERATING WHILE IMPAIRED
The legislation retains the offense of Operating
While Visibly Impaired. However, there is no longer a
blood-alcohol threshold used to prove OWI.
PRESUMPTIONS GONE
Under the prior statue, a person was presumed
OUIL if he or she had a BAC of .10% or greater; OWI if
he or she had a BAC of greater than .07% but less than
.10%; and not impaired if he or she had a BAC of .07%
or less. Those presumptions are gone from the new legislation.
While it is unlawful to drive with a BAC of .08% or more,
there is no longer a presumption that a person is not
impaired with a BAC of .07% or less. Thus, it is possible
for a prosecutor to charge impaired driving even if a
person has a BAC level of .07% or less.
NEW OFFENSE OF DRIVING WITH
ANY AMOUNT
OF A CONTROLLED SUBSTANCE
Bound to be one of the most controversial
aspects of the new legislation, the statute now includes
the offense of Operating with Any Amount of a Schedule
1 Controlled Substance (opiates, opium derivatives, hallucinogens,
marijuana, GHB, and ecstasy) or cocaine in the blood stream.
This part of the new statute has nothing to do with keeping
impaired drivers off the road since most of these drugs
can be found in the blood stream days after they were
taken while the impairment is usually gone in hours. In
fact, with a hair test, it is possible to find these substances
in a person's body up to 90 days after the fact. Since
the new statute prohibits a person from operating a vehicle
if "the person has in his or her body any amount" of a
controlled substance, this is presumably not limited to
breath, blood or urine. The new offense is treated the
same as Operating While Intoxicated in terms of jail time,
fines, costs, community service, and licensing sanctions.
IGNITION INTERLOCK DEVICES
The new statute allows the court to require
the installation of an ignition interlock device as
a condition of probation for both driving while intoxicated
and driving with any amount of a controlled substance.
Thus, while an offender may have only a six month license
suspension from Secretary of State, the court can require
the ignition interlock device installed throughout the
term of probation (up to two years).
COURT CANNOT ALLOW PLEA
TO ZERO TOLERANCE IF ORIGINALLY CHARGED WITH GREATER
OFFENSE
The new legislation slightly changes the
rules regarding pleas to zero tolerance offenses. Where
the old statute allowed the court to accept a reduced
plea from another alcohol offense to a zero tolerance
offense with agreement of the prosecutor, the new law
only allows the court to dismiss the original charge
on motion of the prosecuting attorney. Thus, reduced
pleas to zero tolerance offenses, while still possible,
will be more cumbersome.
PRESUMPTION REGARDING
BAC AT TIME OF DRIVING
The new statute slightly changes the presumption
regarding a person's blood alcohol level at the time
of the offense. The old law allowed, but did not require,
the fact finder to presume that a person's BAC at the
time of testing was the same as it was at the time of
driving. The new law makes that presumption mandatory.
While the presumption-like any other legal presumption-may
be overcome, it now appears to be the defendant's burden
to disprove the assumption by affirmative evidence.
IMPLIED CONSENT SUSPENSION
LENGTHENED
The new law lengthens the time of implied
consent suspensions to one year for a first implied
consent refusal and five years for all subsequent implied
consent refusals within a 7 year period.
MINOR TRANSPORTING ALCOHOL
- IMPOUNDING OWNER'S VEHICLE
Within 30 days of a minor's conviction
for transporting alcohol in a motor vehicle, the arresting
officer may make a complaint against the owner of the
vehicle to show cause why the vehicle should not be
impounded. If the court determines that the vehicle
was being driven with the express or implied consent
of the owner (whether or not the owner knew the minor
was transporting alcohol), and if the court determines
that the vehicle is not needed by the owner in the direct
pursuit of the owner's employment, the court may order
the vehicle impounded for a minimum of 15 days and a
maximum of 30 days.
CHANGES TO SENTENCING
GUIDELINES OV-3 AND OV-18
The new law changes the sentence guidelines
scoring to reflect the new lower .08% BAC threshold.
Thus, OV-3 includes 50 points for death resulting from
a drunk driving offense where the offender had a BAC
of .08% or more. Similarly, OV 18 does away with the
5 points for a BAC of .07% or more but less than .10%,
and folds all offenses with a BAC of .08% or more but
less than .15% into the 10 point category.
EFFECTIVE DATE AND SUNSET
PROVISION
The new statute takes effect September
30, 2003. For some reason, it includes a sunset provision,
making the new .08% BAC threshold expire on October
1, 2013, at which time the BAC threshold reverts back
to .10%.
