Michigan DUI Law Penalties

The debate over the blood alcohol level that should constitute drunk driving has raged across the nation for years. Currently, Michigan has a two-tier structure: under the state's per se statute (meaning that actual impairment does not have to be demonstrated), a person with a blood alcohol content (BAC) of 0.10 is considered to be operating under the influence (OUIL) and is guilty of drunk driving. Under the state's presumptive level, a person with a BAC of more than 0.07 but less than 0.10 is considered to be operating a vehicle while impaired (OWI). Violations result in license sanctions and may include fines, imprisonment, community service, participation in a substance abuse program, and vehicle forfeiture (for repeat offenders).

Penalties:
Generally speaking, the bill would increase the amount of a fine that could be imposed for some drunk driving offenses and assign community service for some offenses according to hours instead of days. The bill would also create a penalty structure for the new high-BAC offense.

The code also prescribes penalties for drunk driving offenses committed while a person less than 16 years of age is in the vehicle. The minimum fine that could be imposed for a violation would be increased from $200 to $500 for a first offense and increased from $500 to $1,000 for a second offense occurring within seven years or a third or subsequent offense within ten years. The maximum fines would remain the same at $1,000 for a first offense and $5,000 for repeat offenses.

In addition, the bill would clarify in several sections of the code that "prior conviction" would include a violation of Section 625, except for 625(2); any prior enactment of Section 625 under specified circumstances, Section 625m; former section 625b; or a local ordinance or law of another state substantially corresponding to a conviction described in the above sections.

Contact us if the above is similar to your legal case or legal problem. Contact our Michigan Personal Injury lawyers at our law firm located in Southfield, Michigan. Your legal options will be explained.