In Michigan there are four types
of drunk driving offense which carry various penalties. The four types of
offenses for drunk or impaired driving that you can be charged with in Michigan
are: 1) Operating While Intoxicated (OWI), 2) Operating With Any Presence of a
Schedule 1 Drug or Cocaine, (OWPD), 3) Operating While Visibly Impaired (OWVI)
aka Impaired Driving, and 4) Operating Under the Age of 21 with any trace of
alcohol. I will discuss each of these in detail. Keep in mind that there are
other more serious offenses such as OWI Causing serious Injury or Death and
others that are beyond the scope of this article. This only covers the basic
OWI charges.
Operating While Intoxicated
(OWI)-- This is the most common and is Michigan's main DUI charge. There
are three situations where you can fall into this category.
1.
Alcohol or drugs
substantially affects or impairs your ability to safely operate a motor vehicle
on a public roadway.
2.
Operating a motor vehicle
on a public roadway with a blood alcohol content (BAC) of .08 or above.
3.
Operating a motor
vehicle on a public highway with a BAC of .17 or above. This is known as High
BAC or Super Drunk.
Operating While Visibly
Impaired (OWVI)-- AKA Impaired Driving. This is when alcohol or drugs make
your inability to safely operate a motor vehicle visibly apparent. This is
frequently offered by prosecutors as an initial plea bargain for first-time OWI
charges.
Operating With Any Presence of
a Schedule 1 Drug or Cocaine (OWPD)-- This is just what it sounds like. If
you are driving a motor vehicle on a public road with any trace of the above in
your system, regardless of whether your show signs of visible impairment or
intoxication, you are guilty of this offense. Some drugs, like marijuana, can
stay in your system for a long time-- up to a month. Drivers need to be
especially careful of this because that blunt you smoked at the frat party
three weeks ago can come back to haunt you in a very serious way. You don't get
a break for medical marijuana either. If you are driving with marijuana in your
system, even if you have a Medical Marijuana Card, you are guilty of this
offense.
Under 21 and Operating With
Any BAC-- If you are under the age of 21 and are operating a motor vehicle
with a BAC of .02 or greater or with any trace of alcohol (unless it was
consumed as part of a religious ceremony) you cannot lawfully drive on a public
road. This is part of Michigan's “zero tolerance” policy.
Now that we know what the charges
are, let's go over the penalties.
OWI or OWPD 1st
Offense:
·
93 days in jail
·
One-year probation
·
$500 fine plus court costs
·
45 days of community
service
·
Possible ignition interlock
or vehicle immobilization
·
Six points on your driving
record
·
30 days suspended license,
150 days of restrictions
·
$2,000 in Driver's
Responsibility Fees ($1,000 for two consecutive years) for OWI
·
$1,000 in Driver's
Responsibility Fees ($500 for two consecutive years) for OWPD
OWI or OWPD 2nd
Offense:
·
Five days to one year in jail
·
Two years probation
·
$1,000 fine plus court
costs
·
30-90 days of community
service
·
Six points on your driving
record
·
Possible ignition interlock
·
Mandatory vehicle
immobilization for 90-180 days, unless forfeited
·
License Plate confiscation
·
Driver's License revocation
for one-year
·
$2,000 in Driver's
Responsibility Fees ($1,000 for two consecutive years)
OWI or OWPD 3rd
Offense:
·
Five years in prison
·
Probation with jail 30 days
to one year
·
$5,000 fines plus court
costs
·
60-180 days of community
service
·
Six points on your driving
record
·
Possible ignition interlock
·
Mandatory vehicle
immobilization for one to three years, unless forfeited
·
Possible vehicle forfeiture
·
Driver's License
revocation: one-year if two convictions within seven years, five-years if three
convictions within 10 years
·
$2,000 in Driver's
Responsibility Fees ($1,000 for two consecutive years)
OWVI:
·
93 days in jail
·
One-year probation
·
$300 fine plus court costs
·
45 days community service
·
Possible ignition interlock
or vehicle immobilization
·
Four points on your driving
record
·
90 days restricted license
(180 days if impaired by a controlled substance)
·
$1,000 in Driver's
Responsibility Fees ($500 for two consecutive years)
High BAC or Super Drunk
·
180 days in jail
·
$200-700 in fines plus
court costs
·
45 days community service
·
One-year suspended license
with eligibility for a suspended license after 45 days if an ignition interlock
is installed
·
Six points on your driving
record
·
$2,000 in Driver's
Responsibility Fees ($1,000 for two consecutive years)
Under 21 Operating With Any
BAC 1st Offense:
·
$500 fine plus court costs
·
45 days community service
·
30 days restricted license
·
Four points on your driving
record
·
$1,000 in Driver
Responsibility Fees ($500 for two consecutive years)
Under 21 Operating With Any
BAC 2nd Offense:
·
93 days in jail
·
60 days community service
·
90 days suspended license
·
Four points on your driving
record
·
$1,000 in Driver
Responsibility Fees ($500 for two consecutive years)
