DRUNK DRIVING (OWI) - MICHIGAN

Driver's License Sanctions

A person convicted of operating while intoxicated or operating a vehicle with any amount of controlled substance in the body will have his or her license suspended for 180 days. A restricted license is available after the first 30 days (hard suspension period).  A person convicted of operating while visibly impaired will have his or her license suspended for 90 days.  A restricted license is available immediately (no hard suspension period).

For a person convicted of operating a vehicle while impaired due to the consumption of a controlled substance (or a combination of intoxicating liquor and a controlled substance), the secretary of state must suspend the person’s license for 180 days.  A restricted license available immediately (no hard suspension).

Drug Violations will also result in driver’s license sanctions. If the offender does not have a prior conviction within 7 years of the date of the violation, the court must order the secretary of state to suspend that person’s driver’s license for 180 days with no restricted license for the first 30 days (hard suspension period).

The suspension starts when the Secretary of State sends the notice in the mail.  The Notice will state teh specific dates of suspension.

A person with a restricted license is allowed to drive in the course of his or her employment or occupation and to and from any combination of the following: (i) The person’s residence; (ii) The person’s work location; (iii) An alcohol or drug education or treatment program as ordered by the court; (iv) The court probation department; (v) A court-ordered community service program; (vi) An educational institution at which the person is enrolled as a student; (vii) A place of regularly occurring medical treatment for a serious condition for the person or a member of the person’s household or immediate family.  A person must be able to prove they are within there restricted licensed if they are stopped for a moving violation.

MORE THAN ONE CONVICTION

If there are two or more alcohol convictions within 7 years, a driver’s license is revoked.  The repeat offender provision covers virtually every type of drinking and driving offense, including OWI (with or without narcotics), OUIL/UBAL (unlawful blood alcohol level) under previous law, and OWVI.  If a driver has three convictions within 10 years for any of the above drinking and driving convictions must also be revoked.  Revocation lasts for a fixed amount of time, and denial then follows for an indefinite period. The first revocation is for 1 year, at the end of which you may appeal for reinstatement.  If there is a second revocation within 7 years, you must wait 5 years to appeal.

COMMERCIAL LICENSE

If a commercial driver takes a breathalyzer and blows .04 percent blood alcohol content or higher on a breath test, than the operator’s license is suspended for 90 days with a restricted license available immediately.  The secretary of state will suspend a commercial driver’s license for 1 year if the driver is convicted of any of the following while operating a commercial or noncommercial vehicle: OWI; OWVI; OWI/OWVI causing death or serious impairment of a body function; child endangerment; minor BAC; having a .04 percent or more but less than .08 percent alcohol level; or operating with any amount of controlled substance in the body.  Any drunk driving convictions or a suspension for refusal to submit to a chemical test in a noncommercial vehicle is treated as if they were operating a commercial vehicle.  A commercial license will be revoked for life if the driver is convicted for a combination of two of the offenses listed above. The driver is eligible for reissuance of the commercial license after 10 year.

Driver License Actions

First Offense:

OWI (Operating While Intoxicated) 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 license suspension for 30 days, followed by restrictions for 150 days.
Possible vehicle immobilization.
Possible ignition interlock. 
Six points added to driver record.
$1,000 Driver Responsibility Fee for two consecutive years for OWI.
$500 Driver Responsibility Fee for two consecutive years for OWPD.

OWVI (Operating While Visibly Impaired)
Up to $300 fine and one or more of the following:
    Up to 93 days in jail.
    Up to 360 hours of community service.
Driver license restriction for 90 days (180 days if impaired by controlled substance).
Possible vehicle immobilization.
Four points on driver record.
$500 Driver Responsibility Fee for two consecutive years.

Any combination, second offense within seven years:

OWI (Operating While Intoxicated)
$200 to $1,000 fine and one or more of the following:
    Five days to one year in jail.
    30 to 90 days community service.
Driver license denial/revocation for a minimum of one year.
License plate confiscated.
Vehicle immobilization 90 to 180 days unless vehicle is forfeited.
Possible vehicle forfeiture.
Six points on driver record.
$1000 Driver Responsibility Fee for two consecutive years.

OWVI (Operating While Visibly Impaired)
$200 to $1,000 fine and one or more of the following:
    Five days to one year in jail.
    30 to 90 days community service.
Driver license denial/revocation for a minimum one year.
License plate confiscation.
Vehicle immobilization 90 to 180 days unless vehicle is forfeited.
Possible vehicle forfeiture.
Four points on driver record.
$500 Driver Responsibility Fee for two consecutive years.

Any combination, third offense within lifetime (felony):

OWI (Operating While Intoxicated)
$500 to $5,000 fine and either:
    One to five years imprisonment.
    Probation with 30 days to one year in jail.
60 to 180 days community service.
Driver license denial/revocation for a minimum five years.
License plate confiscation.
Vehicle immobilization one to three years unless vehicle is forfeited.
Possible vehicle forfeiture.
Registration denial.
Six points on driver record.
$1000 Driver Responsibility Fee for two consecutive years.

OWVI (Operating While Visibly Impaired)
$500 to $5,000 fine and either:
    One to five years in prison.
    Probation with 30 days to one year in jail.
60 to 180 days community service.
Driver license denial/revocation for a minimum of five years.
License plate confiscation.
Vehicle immobilization one to three years unless forfeited.
Possible vehicle forfeiture.
Registration denial.
Four points on driver record.
$500 Driver Responsibility Fee

First offense

OWI/OWVI/OWPD/DWLS causing death/serious injury (felony)
    Death-Up to 15 years imprisonment OR $2,500 to $10,000 fine, or both.
    Injury-Up to five years imprisonment OR $1,000 to $5,000 fine, or both.
    Emergency Responder Death-Up to 20 years imprisonment OR $2,500 to $10,000 fine, or both
Driver license denial/revocation for a minimum of one year.
License plate confiscation.
Vehicle immobilization up to 180 days unless forfeited.
Possible vehicle forfeiture.
$1,000 Driver Responsibility Fee for two consecutive years.

Second offense (any prior crime within seven years):

OWI/OWVI/OWPD/DWLS causing death/serious injury (felony)
    Death-Up to 15 years imprisonment OR $2,500 to $10,000 fine, or both.
    Injury-Up to five years imprisonment OR $1,000 to $5,000 fine, or both.
    Emergency Responder Death-Up to 20 years imprisonment OR $2,500 to $10,000 fine, or both.
Driver license denial/revocation for a minimum of five years.
License plate confiscation.
Vehicle immobilization 90 to 180 days unless vehicle is forfeited.
Possible vehicle forfeiture.
$1000 Driver Responsibility Fee for two consecutive years.

Open Intoxicants in a Motor Vehicle
Up to a $100 fine.
First offense-no action is taken against driver license.
Second offense-driver license is suspended for 30 days/restricted for 60 days.
Third offense-driver license is suspended for 60 days/restricted for 305 days.
Alcohol screening may be required.
Two points on driver record.

Actions for Drivers Under Age 21:
Zero Tolerance (under age 21)

First Offense
Up to $250 fine and/or
Up to 360 hours of community service.
Driver license is restricted for 30 days.
Four points on driver record.
$500 Driver Responsibility Fee for 2 consecutive years.

Second Offense within seven years:
Up to $500 fine and/or
Up to 60 days community service.
Up to 93 days in jail.
Driver license suspension 90 days.  Any prior drunk driving conviction results in a minimum one-year driver license revocation.
Four points on driver record.
$500 Driver Responsibility Fee for two consecutive years.

Person Under 21 purchase/consume/possess alcohol:

First offense-$100 fine, no action is taken against driver license.
Second offense-$200 fine, driver license is suspended for 30 days/restricted for 60 days.
Third offense-$500 fine, driver license is suspended for 60 days/restricted for 305 days.
Community service may be required.
Alcohol screening may be required.

Person Under 21 transport or possess in a motor vehicle:

Up to a $100 fine.
First offense-no action is taken against driver license.
Second offense-driver license is suspended for 30 days/restricted for 60 days.
Third offense-driver license is suspended for 60 days/restricted for 305 days.
Alcohol screening may be required.
Community service may be required.
Two points on driver record.
Vehicle can be impounded up to 30 days.

Use Fraudulent ID to Purchase Liquor

Up to a $100 fine, 93 days in jail, or both.
90-day driver license suspension.
Alcohol screening may be required.

DWLS (Driving While License Suspended)

Up to $500 fine, up to 93 days in jail, or both.
Mandatory additional suspension.
$500 Driver Responsibility Fee for two consecutive years.

DWLS (second offense)
Up to $1,000 fine, up to one year in jail, or both.
Mandatory additional suspension.
Vehicle may be immobilized for up to 180 days.
$500 Driver Responsibility Fee

DWLS (third offense-must have two priors within seven years-misdemeanor)
Mandatory additional suspension.
License plate confiscated.
Vehicle immobilized 90 to 180 days.
$500 Driver Responsibility Fee for two consecutive years.

DWLS (fourth offense-must have three priors within seven years-misdemeanor)
Same as for third offense.

DWLS (fifth offense-must have four priors within seven years-misdemeanor)
Mandatory additional suspension.
License plate confiscated.
Vehicle immobilized one to three years.
$500 Driver Responsibility Fee for two consecutive years.

DRUNK DRIVING LAWYERS GRAND RAPIDS MICHIGAN

Typical fees to retain attorney for a drunk driving case can range and from 1,000 dollars to as high as 5000 dollars. Considering the potential penalties for a drunk driving conviction, it is extremely important to retain the services of an experienced attorney in the area of drunk driving.  Both George Krupp and Christian G Krupp II are former assistant prosecutors and are extremely experienced in criminal law and drunk driving cases.  We handle cases in Kent, Ottawa, Allegan, Berry, Ionia, and Newaygo County.  If you have any additional questions, please call or send an e-mail.

When facing a drunk driving charge, it is important to get a good lawyer. Our office can help.

KRUPP LAW OFFICES PC

161 Ottawa NW Suite 201

Grand Rapids MI 49503

616-459-6636 or E-Mail a Question to the Lawyer Here