Perrone Law, P.C

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(517) 351-0332
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221 W. Lake Lansing

Suite 200

East Lansing, MI 48823

Phone: (517) 351-0332

Fax: (517) 913-6287

jacob@perronelawpc.com

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Michigan Drunk Driving Sentencing

There are numerous factors that determine your sentence. Your sentence depends on the court you are in, your personal background, you blood alcohol content (“BAC”), prior criminal record, whether you participated in alcohol rehab while awaiting sentencing, and most importantly the recommendation made to the court by probation after a Pre-Sentence Investigation (“PSI”) that often incorporates a substance abuse evaluation. A sentence may include the possibility of jail, Probation, participation in a Victim Impact Panel, random alcohol and drug testing, Substance Abuse Counseling, outpatient treatment, Alcohols/Narcotics Anonymous, Community Service, Ignition Interlock, Vehicle Immobilization, Vehicle Forfeiture, Licensing Sanctions, Community Service, and Fines and Costs.

Fines and Costs

Fines and costs are anywhere between $800.00 and $1500.00 not including driver responsibility fees imposed by the Secretary of State. Costs often include Probation Supervision Fees and reimbursing the Police and Prosecutor. Fines and Costs must be paid at time of sentencing unless the court allows for a payment plan.

Michigan Vehicle Immobilization Requirements

The Court may immobilize your vehicle for up to one-hundred eighty (180) days on a first offense Operating While Intoxicated (“OWI”). If a second OWI offense occurs within seven (7) years of a prior offense the court must immobilize the vehicle for ninety (90) to one hundred eighty (180) days. A third offense OWI offense requires immobilization for one (1) to three (3) years. If immobilization is mandated it will be required if the offender has any ownership interest in the vehicle. If the offender has no ownership interest in the vehicle, then it must be shown that the owner knowingly allowed the offender to operate the vehicle while intoxicated

MICHIGAN DRUNK DRIVING PENALTIES

Michigan 1st Offense Drunk Driving

"OWI" Operating While Intoxicated:

  • Up to Ninety Three (93) days in jail
  • $100.00 to $500.00 fine
  • Three Hundred Sixty (360) hours of community service
  • Thirty (30) Day Driver's License Suspension
  • One Hundred Fifty (150) Day Driver's License Restriction
  • Six (6) points added to driving record
  • $1,000 Driver Responsibility Fee for two years
  • "OWVI" Operating While Visually Impaired:

  • Up to Ninety Three (93) days in jail
  • $100.00 to $500.00 fine
  • Three Hundred Sixty (360) hours of community service
  • Thirty (30) Day Driver's License Suspension
  • Ninety (90) Day Driver's License Restriction
  • Four (4) points added to driving record
  • $500.00 Driver Responsibility Fee for two (2) years

  • MICHIGAN SUPERDRUNK LAW

    Michigan enacted a “Superdrunk” law that increases the penalties for a first offense drunk driving if the offender’s Blood Alcohol Content (“BAC”) is .17 or above. The new law includes a requirement for one (1) year of alcohol rehabilitation, up to one-hundred eighty (180) days in jail instead of ninety-three (93) days and fines of at least $200.00 to a maximum of $700.00. Further, a one (1) year driver license suspension is imposed if convicted under the new law. The first forty five (45) days of this suspension is a “hard” suspension, meaning no driving is allowed. During the remaining 320 days, the offender is entitled to restricted driving privileges, but only if the offender pays to have a breath alcohol ignition interlock device (“Ignition Interlock”) installed on their car. Ignition Interlock requires a driver to blow into the device when first starting the car and again within the first five (5) to fifteen (15) minutes. The Ignition Interlock will not allow the car to start if it detects a BAC of .025 or more grams of alcohol per 210 liters of breath. Attempting to operate a car with Ignition Interlock with a BAC over .025 will result in twice the driving restrictions imposed. If a person convicted under the new law is caught driving a vehicle without Ignition Interlock the car will be immobilized for ninety (90) to one hundred eighty (180) days. If the car is immobilized there is an option to install Ignition Interlock, which would suspend the immobilization. The costs of installing Ignition Interlock is between $100.00 and $200.00 and the monthly fees can be as high as $100.00 a month.

    Michigan 2nd Offense Drunk Driving

    Any combination within SEVEN (7) YEARS:

  • Five (5) days to one (1) year in jail
  • Five (5) days mandatory minimum in jail with Probation unless you participate in Sobriety Court or alternative program
  • Thirty (30) to ninety (90) days Community Service
  • Driver's License Revocation for a MINIMUM of one (1) year
  • License Plate Confiscation
  • Possible Vehicle Forefeiture
  • Vehicle Immobilization ninety (90) to one hundred eighty (180) days
  • Six (6) points on Driver's Record
  • $1,000 Driver Responsibility Fee for two (2) years
  • Michigan 3rd Offense Drunk Driving

    Any combination within lifetime (FELONY):

  • One (1) to Five (5) years in Prison
  • Thirty (30) days mandatory minimum in jail with Probation unless you participate in Sobriety Court or alternative program
  • $500.00 to $5,000.00 fine
  • Driver's License Revocation up to Five (5) years (See Driver's License Restoration)
  • License Plate Confiscation
  • Possible Vehicle Forefeiture
  • Vehicle Immobilization One (1) to Three (3) years
  • Six (6) points on Driver's Record
  • $1,000 Driver Responsibility Fee for two (2) years