MICHIGAN OWI

Blood Alcohol Content (BAC) for Operating While Intoxicate (OWI) in Michigan:

• Standard BAC: .08% or above
• Zero Tolerance BAC: .02% or above
• Professional Drivers: .04% or above
• High BAC: None

Implied Consent and Chemical Test Refusal: Refusal to consent to a chemical BAC test after you have been pulled over (by urine, blood, breath) in Michigan will result in six points being added to your driver record, and the suspension of your license for one year.

Because an OWI arrest can have grave, far reaching effects on your future, it is recommended that you consult a Michigan attorney who specializes in OWI law in the county where you were arrested. A Michigan OWI lawyer will be able to make sense of your situation and offer you helpful guidance.

OWI Arrest - Civil Case

Potential Penalties:

• License Suspension:
• First OWI Conviction: Your license can be suspended for up to 93 days, but it is possible to get a restricted license after 30 days in certain circumstances.
• Second OWI Conviction: Minimum of 1 year.

• Monetary Fines:
• First OWI Conviction: From $100-$500. You must also pay a $1,000 Driver Responsibility Fee for 2 years.
• Second OWI Conviction: From $200 to $1,000, plus a $1,000 Driver Responsibility Fee for 2 years.

• Community Service: The court may sentence you to up to 360 hours of community service for your first OWI conviction. You may be sentenced after your second OWI to between 30 and 90 days of community service.

• Probation: Yes, it is a possibility.

• Motor Vehicle Impound: Yes, after your second OWI your car may be impounded from between 90 and 180 days.

• Ignition Interlock: A Michigan court may require the installation of an ignition interlock device at its discretion, or as a condition of probation.

• Prison Time:
• First OWI: Maximum of 93 days.
• Second OWI: Minimum of 5 days, maximum of 1 year.

Potential Criminal Charges: Drunk driving offenses in Michigan are criminal offenses. A conviction for a criminal OWI can lead to serious long term consequences and penalties. Because of these consequences, contacting a Michigan criminal defense attorney is recommended.

Reinstating Your License After OWI Conviction: Once you are eligible for the reinstatement of your suspended driver's license, you must pay a fee of $125 to the General Fund. If your license has been revoked, you may have to request a driver license hearing before the Driver Assessment and Appeal Division and submit a substance abuse evaluation as proof of sobriety.

Effect of OWI on Car Insurance: After an OWI conviction, your insurance company must file an SR-22 Certificate of Insurance form as proof of your financial responsibility. Often, your insurance premiums will increase dramatically after you have been convicted of an OWI, and it may be challenging to find an insurance provider who will cover you.

Effect of OWI on Driving Record: An OWI in Michigan stays on your driving record for life.

Under 21 and OWI: Michigan's Zero Tolerance Law states that if you are under age 21, have a BAC of .02% or higher, and are operating a motor vehicle, you may be sentenced to a maximum of 360 hours of community service or incur a fine of $250. You should contact a Michigan OWI attorney to discuss the Zero Tolerance Law.

Michigan Resources

Michigan Substance Abuse and Driving
http://www.michigan.gov/sos/0,1607,7-127-1627_8665-24488--,00.html

Michigan DMV
http://www.sos.state.mi.us/dv/