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Penalties for Drunk Driving

First Offense:

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

Typically, first offense penalties are a fine from $100 to $500 and up to 93 days in jail. In addition, as much as 360 hours of community service may be included in your initial sentencing. This is on top of a license suspension for 30 days and then a restricted license for 150 days; The court may also add: vehicle immobilization and ignition interlock, $1,000 Driver Responsibility fee per year for 2 years (OWI) OR $500 Driver Responsibility fee per year for 2 years (OWPD). Additionally, the Michigan Secretary of State (SOS) will add 6 points to your driving record upon conviction.

Operating While Visibly Impaired (OWVI) by Alcohol or by Drugs

A fine of up to $300, and a maximum 93 days in jail with as much as 360 hours of community service. Your punishment may also include a restricted driver's license for 90 days (if OWVI by alcohol) OR 180 days (if OWVI by drugs). Added deterence mechanisims may include: vehicle immobilization within the court's discretion, and $500 Driver Responsibility fee per year for 2 years. Additionally, the SOS will add 4 points to your driving record upon conviction.

Second Offense (any combination over 21 drinking / drugged driving convictions) within 7 years:

Operating While Intoxicated (OWI)

A fine ranging from $200 to $1,000, and from 5 to 365 days in jail, with at least 48 hours being served consecutively; from 1 to 3 months of community service; driver's license revocation for a minimum of one year (to remain revoked until reinstated by the Michigan Secretary Of State after a DAAD hearing); license plate confiscation; immobilization of your automobile from 3 to 6 months unless the vehicle is forfeited; forfeiture of vehicle within court's discretion; $1,000 Driver Responsibility fee per year for 2 years. Additionally, the Michigan Secretary of State (SOS) will add 6 points to your driving record upon conviction.

Operating While Visibly Impaired (OWVI)

A fine in the amount of $200 - $1,000, and from 5 to 365 days in jail, with at least 2 days being served consecutively; from 1 to 3 months of community service; license revocation for a minimum of at least a year (to remain revoked until reinstated by Michigan Secretary of State after a DAAD hearing); plate confiscation; immobilization of your automobile from 3 - 6 months unless the vehicle is forfeited; forfeiture of the vehicle at the court's discretion; $500 Driver Responsibility fee per year for 2 years. Additionally, the SOS will add 4 points to your driving record upon conviction.

Third Offense (any combination over 21 drinking / drugged driving convictions) within lifetime:

Operating While Intoxicated (OWI)

A fine in the amount of $500 - $5,000, and from 1 to 5 years incarceration OR 30 to 365 days in jail, along with probation; from 2 to 6 months of community service; license revocation for a minimum of 5 years (to remain revoked until reinstated by the Michigan Secretary of State after a DAAD hearing); plate confiscation; immobilization of your automobile from 3 - 6 months unless the vehicle is forfeited; forfeiture of vehicle at court's discretion; denial of vehicle registration; $1,000 Driver Responsibility fee per year for 2 years. Additionally, the SOS will add 6 points to your driving record upon conviction.

Operating While Visibly Impaired (OWVI)

A fine in the amount of $500-$5,000, and from 1 to 5 years incarceration OR 30 to 365 days in jail, along with probation; from 2 to 6 months of community service; license revocation for a minimum of at least 60 months (to remain revoked until reinstated by Michigan Secretary of State after a hearing); plate confiscation; immobilization of your automobile from 3-6 months unless vehicle is forfeited; forfeiture of vehicle within court's discretion; denial of vehicle registration; $500 Driver Responsibility fee per year for 2 years. Additionally, the SOS will add 4 points to your driving record upon conviction.
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© 2012 Kronzek & Cronkright, PLLC

Kronzek & Cronkright PLLC. practices law throughout the state of Michigan including, but not limited to, the following geographical areas: Ingham County, Livingston County, Washtenaw County, Jackson County, Calhoun County, Eaton County, Barry County, Ionia County, Montcalm County, Clinton County, Gratiot County and Kent County. This includes, but is not limited to, the following cities and towns: Lansing, Howell, Brighton, Corunna, Durand, St. Johns, Ithaca, Stanton, Greenville, Ionia, Hastings, Charlotte, Battle Creek, Jackson and Ann Arbor.

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