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- Penalties for drunk driving/license suspension violations
- Penalties for Driving While License Suspended (DWLS)
- Penalties for minors in possession of alcohol
Michigan’s New DUI Laws:
- 2003 Changes (PDF)
- Chart Summarizing Changes¾to Michigan’s DUI Law (PDF)
- New DUI Jury Instructions (PDF)
- Bad Driver Tax
- New DUI Driver License Sanctions (PDF)
- DUI Court Procedures (PDF)
The following charts show the penalties for drunk driving and license suspension violations in Michigan.
| Crime | 1st Offense | 2nd Offense |
| OWI/OWVI
—625(1) |
Misdemeanor
Fine/Jail/Comm Svc: 1 or more of the following: Up to 93 days jail; $100 – $500 fine; up to 45 days comm svc Licensing: 30/150 days susp./rest. Plate conf: None Immob: Permissive up to 180 days Reg Deny: None Forf: None |
Misdemeanor
Fine/Jail/Comm Svc: $200 – $1000 fine And one or more of the following: 5 days to 1 year jail; Licensing: minimum 1 year revocation/denial Plate conf: Required Immob: Required 90 to 180 days unless forfeited. Reg Deny: None Forf: Permissive |
| 1st Offense | 2nd Offense | |
| OWVI
—625(3) |
Misdemeanor
Fine/Jail/Comm Svc: 1 or more of the following: Up to 93 days jail; up to $300 fine; up to 45 days comm svc. Licensing: 90 days rest. Plate conf: None Immob: Permissive up to 180 days Reg Deny: None Forf: None |
Misdemeanor
Fine/Jail/Comm Svc: $200 – $1000 fine And one or more of the following: 5 days to 1 year jail; Licensing: minimum 1 year revocation/denial Plate conf: Required Immob: Required 90 to 180 days unless forfeited Reg Deny: None Forf: Permissive |
| 1st Offense | 2nd Offense | |
| Zero Tolerance
—625(6) |
Misdemeanor
Fine/Jail/Comm Svc: Up to $250 fine OR up to 60 days comm svc, or both. Licensing: 30 days rest. Plate conf: None Immob: None Reg Deny: None Forf: None |
Misdemeanor
Fine/Jail/Comm Svc: One or more of the following: up to 60 days comm svc; up to $500 fine; up Licensing: 90 day susp OR if prior —625 then minimum 1 year Plate conf: None Immob: None Reg Deny: None Forf: None |
| 1st Offense | 2nd Offense | |
| Child Endangerment
—625(7) |
Misdemeanor
Fine/Jail/Comm Svc: $200 – $1000 fine AND one or more of the following: 5 days to 1 year jail; Licensing: 90/90 susp./rest. Plate conf: None Immob: Permissive up to 180 days Reg Deny: None Forf: Permissive |
Felony
Fine/Jail/Comm Svc: $500 – $5000 fine And either of the following: 1-5 years prison; probation Licensing: minimum 1 year revocation/denial Plate conf: Required Immob: Required 90 to 180 days unless forfeited Reg Deny: None Forf: Permissive |
| 1st Offense | 2nd Offense | |
| Endangerment – Zero Tolerance w/occupant < 16 | Misdemeanor
Fine/Jail/Comm Svc: One or more of the following: up to 60 days comm svc; up to $500 Licensing: 90/90 susp./rest. Plate conf: see 1st, 2nd offense Immob: see 1st & 2nd Reg Deny: None Forf: Permissive |
Misdemeanor
Fine/Jail/Comm Svc: $200 – $1000 fine AND one or more of the following: 5 days to 1 Licensing: revoke Plate conf: see 1st, 2nd offense Immob: see 1st & 2nd Reg Deny: None Forf: Permissive |
| 1st Offense | 2nd Offense | |
| .04 CDL (Commercial Drivers License)
—625m(1) |
Misdemeanor
Fine/Jail/Comm Svc: Up to $300 fine OR up to 93 days jail, or both Licensing: CDL – 1 year susp., OPR 90 days rest., HAZ – 3 year susp. Plate conf: None Immob: Permissive up to 180 days Reg Deny: None Forf: None |
Misdemeanor
Fine/Jail/Comm Svc: Up to $1000 fine OR up to 1 year prison, or both Licensing: CDL – minimum 10 yr rev., OPR 1 yr rev./den. Plate conf: Required Immob: Required 90 to 180 days Reg Deny: None Forf: None |
| 1st Offense | 2nd Offense | |
| Drug Law Violations | Misdemeanor
ALL Licensing: 30/150 susp./rest. |
Misdemeanor
ALL Licensing: 60/365 susp./rest. |
The following chart shows the penalties for Driving While License Suspended (DWLS)
| DWLS —904(1) |
Knowing Allowed Someone to DWLS —904(2) |
|
| 1st Offense (no *priors)
*For purposes of immobilization, priors are defined are prior mandatory |
Misdemeanor
Fine/Jail/Comm Svc: Up to 93 days jail; up to $500 fine, or both. Licensing: Mandatory addtional under —904(10), (11), and (12). Plate conf: None (Cancel upon notice by officer) Immob: None Reg Deny: None Forf: None |
Same sanctions as shown to the left |
| DWLS —904(1) |
Knowing Allowed Someone to DWLS —904(2) |
|
| 2nd Offense or 1 *prior 904 susp. within 7 years | Misdemeanor
Fine/Jail/Comm Svc: Up to 1 year jail; up to $1000 fine, or both. Licensing: Mandatory additional under —904(10), (11) and (12). Plate conf: None (Cancel upon notice by officer) Immob: Permissive up to 180 days Reg Deny: None Forf: None |
Same sanctions as shown to the left |
| DWLS —904(1) |
Knowing Allowed Someone to DWLS —904(2) |
|
| 3rd Offense or 2 *prior 904 susp. within 7 years | Misdemeanor
Criminal – Same Licensing: Mandatory additional under —904(10), (11), and (12). Plate conf: Required Immob: 90 to 180 days Reg Deny: None Forf: None |
Same sanctions as shown to the left |
| DWLS —904(1) |
Knowing Allowed Someone to DWLS —904(2) |
|
| 4th Offense or 3 *prior 904 susp. within 7 years | Misdemeanor
Criminal – Same Licensing: Mandatory additional under —904(10), (11), and (12). Plate conf: Required Immob: 90 to 180 days Reg Deny: Required Forf: None |
Same sanctions as shown to the left |
| DWLS —904(1) |
Knowing Allowed Someone to DWLS —904(2) |
|
| 5th Offense or 4 *prior 904 susp. within 7 years | Misdemeanor
Criminal – Same Licensing: Mandatory additional under —904(10), (11) and (12). Plate conf: Required Immob: 1 – 3 years Reg Deny: Required Forf: None |
Same sanctions as shown to the left |
License Suspension: Minors in Possession of Alcohol, minor Transports or Possesses Alcohol in Motor Vehicle
| 1st Offense | None |
| 2nd Offense | Suspended 90-180 days
Restricted Available After 30 days. |
| 3rd Offense | Suspended 180 days – 1 year
Restricted Available After 60 days. |
- Screening and Additional Costs. All Convictions for alcohol related driving offenses require the judge to order the defendant to undergo screening for substance abuse, and rehabilitation may be part of any sentence, all at defendant’s expense. [MCL 257.625b(5)] In addition, the defendant may be ordered to pay the cost of prosecution. [MCL 257.625(12)]
- License Suspensions and Restrictions. The maximum possible license sanction that may be imposed will be based upon the master driving record maintained by the Secretary of State under MCL 257.204. [MCL 257.625b(4)].
Sentences and licensing action also apply to a person convicted of an attempted violation of any of the offenses listed above as if the offense had been completed. [MCL 257.204b(b)]
Anyone driving while license suspended or revoked is also subject to license suspension or revocation for a like period of the original suspension or revocation.