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Michigan Drunk Driving Laws

Whether it is your first drunk driving charge or you are a repeat offender, you need a lawyer that will fight for your freedom, protect your rights, and work to minimize the penalties imposed by the Michigan courts. We know the court system from both sides and are experienced in all facets of drunk driving defense. Whether you need to take your case to trial or are simply looking for an experienced criminal defense attorney in Michigan who can guide you through the criminal justice system and give you sound legal advice, we are the law firm for you.

Michigan Drunk Driving Penalties

Depending on your circumstance, the penalties for operating a vehicle while impaired in Michigan are as follows:

Michigan Super Drunk Penalty
This charge occurs when you have a .17 BAC or higher
  • Misdemeanor Charge
  • Up to 180 days in jail
  • $200 to $700 fine
  • Mandatory alcohol treatment for one year
  • One year license suspension; eligible for restricted after 45 day suspension if blood alcohol ignition
  • Interlock device installed in vehicle
  • Six points on driving record
  • Court may immobilize vehicle up to 180 days
Operating while Intoxicated
  • Misdemeanor
  • Up to 93 days in jail
  • $100 to $500 fine
  • Up to 360 hours of community service
  • 30 Day license suspension and 150 day license restriction
  • Six points on driving record
  • Court may immobilize vehicle up to 180 days
Operating while Visibly Impaired
  • Misdemeanor
  • Up to 93 days in jail
  • $300 fine
  • Up to 360 hours of community service
  • 90 day license restriction
  • Four points on driving record
  • Court may immobilize vehicle up to 180 days
Operating While Intoxicated, Second Offense (within 7 years)
  • Misdemeanor
  • Imprisonment for up to 1 year
  • $200 to $1,000 fine
  • 30 to 90 days of community service
  • Minimum one year license revocation
  • License plate confiscation
  • 90-180 days of vehicle immobilization unless the vehicle is forfeited
  • Court may order vehicle forfeited
Operating While Visibly Impaired, Second Offense (within 7 years)
  • Misdemeanor
  • Imprisonment for up to 1 year
  • $200 to $1,000 fine
  • 30 to 90 days of community service
  • Minimum one year license revocation
  • License plate confiscation
  • 90-180 days of vehicle immobilization unless the vehicle is forfeited
  • Court may order vehicle forfeited
Operating While Intoxicated, Third Offense (no time limits on priors)
  • Felony
  • Imprisonment for up to 5 years
  • $500 to $5,000 fine
  • 30 to 180 days of community service
  • Up to a 5 year license revocation
  • License plate confiscation
  • 1 to 3 years of vehicle immobilization unless vehicle is forfeited
  • Vehicle registration denial
  • Court may order vehicle forfeited
 
 
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About David L. Zoglio
David L. Zoglio has been practicing law in the Mid-Michigan area for nearly 20 years.

Education
  • B.S. - Univ. Cincinnati (1989)
  • J.D. - Thomas M. Cooley (1996)
Bar Admissions
  • State of Michigan
  • U.S. District Court
    - Western District, Michigan