Drunk Driving Penalties
For charge specific sentencing guidelines see the Alcohol Conviction Consequence Chart
Penalties You Could Face for a Drunk Driving Conviction
In recent years the enforcement and penalties for Drunk Driving offenses in Michigan have become much more severe. The punishments given out for drunk driving convictions can be very complex, and will determine whether or not you lose your license to drive, what will happen to your job, your insurance - maybe even your freedom.
Consequences like license suspension, fines, community service, probation, mandatory counseling or alcohol treatment, and possible incarceration (even for first offenders) are well known, but conviction also carries a plethora of other consequences that will confront the convicted driver days, months, or even years after
Judicial Penalties
A first drunk driving offense is a "93 day" misdemeanor with a range of punishment. This will usually include a period of probation (six-months to a year), and some number of community service hours (usually in the area of 20 - 50 hours, but this varies considerably from court to court). Some form of alcohol education treatment or therapy will also be required. There are of course fines and other costs, and the statute allows fines of $100.00 to $500.00 for a first offense OWI. Not all first offenders go to jail, but depending on the court, jail time for a first offense is not entirely uncommon. Repeat offenders, and those cases involving an injury or death face more severe penalties.
Criminal Record
A misdemeanor or felony conviction will remain on your record for the rest of your life and effect employment and any subsequent contact with law enforcement and the courts.
Incarceration
A conviction can result in 5 days jail to 15 years in prison. An individual sentenced to State prison for felony DWI serves approximately two years.
Fines
Fines range from $100 up to $10,000.
Community Service
From 20 hours to 90 days of community service work.
Points
From 4 to 6 Points added to your driving record.
Counseling
Substance abuse therapy, counseling programs, alcohol education classes, and other rehabilitation programs.
Loss of your Drivers license
Under a procedure called Administrative License Suspension, licenses are taken before conviction when a driver fails, or refuses to take, an alcohol test. Administrative license suspension laws are independent of criminal procedures and are invoked immediately after arrest. Licensing actions range from restrictions to revocations. These actions are handled independently by the Michigan Secretary of State.
License Restriction
Your right to drive may be restricted to only certain destinations, such as work, court, and probation meetings, severely limiting your freedom of movement behind the wheel.
License Suspension
A "suspension" is usually for a definite time period, with a start and end date. When the end date is reached, all the driver needs to do is appear at a Secretary of State branch office and pay the reinstatement fee (usually $125), unless there have been additional violations during the suspension period.
License Revocation
The most serious action is a revocation, also known as termination of the operator's license and privilege to operate a motor vehicle. The driver is only eligible to reapply for license restoration after one year following the first revocation, and after five years for a subsequent revocation within seven years of a prior revocation. Applications are made to the Driver License Appeal Division (DLAD) of the Secretary of State. There is no guarantee that your license will be returned after the minimum period of revocation. Often the restoration is denied (or only a restricted license is granted), so your chances of restoration are greatly improved with an attorney experienced in the restoration process.
Driver Responsibly Fee
The Driver Responsibly Fee is a separate fee that is charged to drunk drivers by the Secretary of State once they've been convicted. The fee is a $1,000.00 fine for two years to every person convicted of OWI and a $500.00 fine for two years to every person convicted of OWVI. Failure to pay will result in the suspension of your driving privileges, and another $125 license reinstatement fee when the fines have been paid. An Installment Agreement is available and levies your wages, bank accounts, or state tax returns can be made. More info...
Other Driving Restrictions
Vehicle Immobilization
For a first DUI conviction you face possible vehicle immobilization, and repeat offenders mandatory immobilization, for up to 6 months, if the driver owns, co-owns, leases or co-leases the offending vehicle. With a third conviction vehicle immobilization is mandatory for 1 to 3 years. Drivers must have immobilization devices (ignition interlock, steering column club, wheel boot, or driver tether) installed at their expense and show proof of installation.
Ignition Interlocks
A special case of vehicle immobilization, allowing driving under controlled conditions. The ignition interlock device prevents driving above a certain BAC level. Paid for by the driver.
License Plate Confiscation
If one has at least one prior DUI offense, at time of arrest the officers will confiscate the metal plate of the vehicle you are driving, destroy the plate, and replace it with a temporary paper license plate allowing the vehicle to be legally driven. A new metal license plate cannot be issued (and paid for) until the case has been resolved in court.
Registration Denial
With a third DUI conviction or a 4th or 5th DWLS offence you face registration denial. Offenders cannot register or transfer a vehicle in which they hold an ownership interest, until they are eligible for re licensing, and it is a crime to attempt to do so.
Vehicle Forfeiture
With a first DUI conviction with Injury or Death, or on a 2nd or 3rd offence, the court can order your vehicle to be sold and the proceeds from the sale used by the state ( and any creditors) as defined by statute. You lose your vehicle and receive nothing for it. Some Michigan counties are regularly seeking forfeiture for those convicted of multiple drunk driving offenses.
Other Consequences
Employment problems, Civil lawsuits, Travel restrictions, Immigration restrictions, CCW review, Disability Insurance denial, Child custody problems, Commercial License suspension, Professionals may be disciplined by their professional regulatory bodies.
Credit bureaus now include drunk driving convictions on credit reports. This will not only affect future credit, but it may also prevent convicted drivers from getting jobs where a prospective employer runs a credit check in processing job applications. A drunk driving conviction may bar or restrict employment opportunities from a significant segment of the job market.
Auto Insurance Costs
Outside of the courts and Secretary of State, your auto insurance company will learn of any drunk driving convictions, just as they are aware of traffic violations. They will then probably raise your rates substantially ( 3 - 4 times), or cancel the policy, forcing you to another company at much higher insurance rates.
in most states insurance rates for convicted drunk drivers will increase 500 percent to 1,000 percent above the premiums paid before the conviction (if coverage isn't canceled). In South Carolina, a person with a five-year-old car carrying only liability coverage can expect to pay $10,000 to $11,000 in additional premiums over the first three years after a first offense drunk driving conviction
Substance Abuse Programs
Substance abuse therapy, counseling, alcohol education classes, or other rehabilitation programs are almost routinely ordered by the court to increase the offenders' likelihood of successful habilitation through judicially supervised treatment. Of course these programs are paid for by the offender, through they are sometimes covered by insurance or have reduced rates for those with low incomes.
Psychological
A Drunk Driving conviction brings with it life altering changes that can result in feelings of a loss of control. The stigma of a conviction can exact a severe psychological toll, shame, fear, anger, and depression in the individual, and negative social consequences with associates, friends and loved ones.