State of Michigan Legal Sanctions for Violations of a Controlled Substance/Alcohol

The State of Michigan Tough Anti-Drunk Driving Laws

Michigan anti-drunk driving laws require swift and sure action resulting in severe consequences for drunk drivers.
Driving under the influence of, or while impaired by, alcohol or other drugs, or with a bodily alcohol content of .10 or more, is illegal. Drivers with a bodily alcohol content of more than .07 but less than .10 are presumed to be impaired. Drivers with a bodily alcohol content of .10 or more are presumed to be under the influence.

It is illegal for drivers under age 21 to operate a vehicle if they have any bodily alcohol content. In Michigan, it is also illegal for people under the legal drinking age of 21 to buy, possess, consume, or transport alcoholic beverages.

Michigan Tough Anti-Drunk Driving Laws: 

• Require your license to be surrendered and cut (physically destroyed) at the time of arrest for drunk driving.
• Require a mandatory 30-day driver license suspension for even a first conviction of drunk driving.
• Require 48 hours to one year of consecutive jail time and/or 10 to 90 days of community service for a second conviction of drunk driving.
• Include a five-year felony for a conviction for drunk driving that causes a long-term incapacitating injury to another person.
• Include a 15-year felony for a conviction for drunk driving causing a death.
• Require fines for a conviction of driving while a driver's license is suspended or revoked up to $500 for a first offense and $1,000 for a subsequent offence.
• Eliminate hardship appeals for habitual drunk drivers.
• Require courts to decide drunk driving cases within 77 days after an arrest.
• Require a reinstatement fee of $125 if your driver license was suspended, revoked or restricted. 

If You Drink And Drive: 

• You may be stopped by a law enforcement officer.
• You may be asked to take some sobriety tests including a Preliminary Breath Test (PBT) at the roadside to determine whether you are under the influence of alcohol.
• If you refuse to take the PBT, you will be charged with a civil infraction and fined up to $100 plus court costs. Persons under age 21 will also have two points added to their driving record.
• If you are arrested, you will be required to take a chemical test to determine your bodily alcohol content or presence of another drug in your blood. Under Michigan's Implied Consent Law, you are considered to have given your consent to this test.
• If you refuse, six points will be added to your driving record and your license will be suspended for six months. If you have previously refused to take the test, six points will be added to your driving record and your license will be suspended for one year.
• If you refuse to take the test under the Implied Consent Law, or if the test shows your bodily alcohol content is .10 or more, your driver's license will be confiscated and cut by the officer. 

You Can Be Charged With: 

• Operating While Impaired (OWI), which means that because of alcohol or other drugs in your body, your ability to operate a motor vehicle was visibly impaired.
• Operating Under the Influence of Liquor (OUIL), which means the alcohol in your body substantially affected your driving ability so that you could not operate a motor vehicle safely.
• Operating Under the Influence of Drugs (OUID), which means that drugs in your body substantially affected your driving ability so that you could not operate a motor vehicle safely.
• Operating With an Unlawful Bodily Alcohol Content (UBAC), which means at the time you were driving, your bodily alcohol content was .10 or more. This can be shown by a chemical test.
• Under Age 21 Operating With any Bodily Alcohol content, which means having a bodily alcohol content of .02 - .07 or any presence of alcohol, other than that consumed at a generally recognized religious ceremony. 

You May Be Convicted 

• If you are convicted of drunk or impaired driving, the court may order imprisonment, fines and costs, community service, alcohol treatment or education, or a combination of these penalties. 

Criminal Penalties And Licensing Actions For OUIL, OUID, UBAC And OWI

OUIL / OUID / UBAC
First Offense

• $100 to $500 Fine and/or
• Up to 90 Days Jail and/or
• Up to 45 Days Community Service
• Possible Vehicle Forfeiture
• Driver's License Suspension 6 Months to 2 Years (No Restricted License for First 30 Days)  

OWI
First Offense

• Up to $300 Fine and/or
• Up to 90 Days Jail and/or
• Up to 45 Days Community Service
• Driver's License Suspension 3 Months to 1 year; 6 Months if Impaired by Controlled Substance

OUIL / OUID / UBAC
Second Offense (Within 7 yrs of a prior)

• $200 TO $1,000 Fine and
• 48 Hours to 1 Year Jail and/or
• 10 to 90 Days Community Service
• Possible Vehicle Forfeiture
• Driver's License Revocation

OWI
Second Offense (within 7 yrs of a prior)

• $200 to $1,000 Fine and 
• Up to 1 Year Jail and/or
• Possible Vehicle Forfeiture
• Driver's License Suspension 6 Months to 2 Years (No Restricted License for First 60 Days) 

OUIL / OUID / UBAC
Third Offense (Within 10 yrs of a prior)

• $500 TO $5,000 Fine and/or
• 1 to 5 Years Jail 
• Possible Vehicle Forfeiture
• Driver's License Revocation

OWI
Third Offense (within 10 yrs of a prior)

• $200 TO $1,000 Fine and 
• Up to 1 Year Jail and/or 10 to 90 Days Community Service 
• Possible Vehicle Forfeiture
• Driver's License Revocation

Accident Causing Long-Term Incapacitation Injury (Felony) 

• $1,000 to $5,000 Fine and/or
• Up to 5 Years Jail
• Possible Vehicle Revocation 

Accident Causing Death 

• $2,5000 to $10,000 Fine and/or
• Up to 15 Years Jail
• Driver's License Revocation 

If you drive drunk, the first thing you lose is your driver's license. If convicted of OUIL, OUID or UBAC, your vehicle may be forfeited. 

Under 21 

• It is illegal to drink alcohol, buy, possess, transport or have open alcohol. It is also illegal to use a fraudulent ID to purchase alcohol. 
• You may be stopped by a law enforcement officer.
• If you refuse a preliminary breath test, two points will be added to your driving record.
• If you refuse a chemical test, you will lose your driver license for six months. Six points will be added to your driving record.
• The first time you are convicted of driving after consuming any alcohol, you will:
• Have your driver's license suspended for 30 to 90 days.
• Have four points added to your driving record.
• You may also be sentenced to:
• Perform 45 days of community service.
• Pay a fine of up to $250.
• It will cost $125 to have your driving privileges reinstated. Attorney fees could be as much as $2,000. The cost of your vehicle insurance will increase substantially.
• All actions increase for a second conviction. 

Illegal Drugs

These are the most frequently encountered drug statutes. There are other crimes associated with drugs; however, they deal with delivery (sale) to minors or the use or sale of imitation substances.

Crime/Punishment

• Possession of LSD, Peyote, etc.
  1 year and/or $1,000 
• Possession of Marijuana
  1 year and/or $1,000
• Use of Heroin or Cocaine
  1 year and/or $2,000 
• Use of other Narcotics
  1 year and/or $1,000 
• Use of LSD, Peyote, etc.
  6 months or $500 
• Use of Marijuana 
  90 days and/or $100