Drunk Driving

What does it mean to be drunk-driving?

In Michigan, the legal name for “drunk-driving” is “Operating While Intoxicated” (OWI) or “Operating While Visibly Impaired” (OWVI; discussed below). The law in Michigan states that you shall not operate a vehicle upon a highway or other public road or area generally accessible to motor vehicles, including an area designated for the parking of vehicles if: 1) you are under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance; or 2) you have a bodily alcohol content (BAC) of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

Is it a crime to drive with a BAC under .08 if I am 21 years or older?

It depends. If your ability to operate your motor vehicle is “visibly impaired” due to consumption of alcohol, a controlled substance, or a combination of both alcohol and a controlled substance, you can be charged with a crime. This is known as Operating While Visibly Impaired (OWVI). The law in Michigan states that a person shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, if the person is OWVI.

What are the consequences of being convicted with “OWI” or “OWVI”?

If you are convicted of OWI or OWVI, you are guilty of a misdemeanor, punishable by one or more of the following: up to 360 hours of community service; a fine of up to $500 for OWI and up to $300 for OWVI; and imprisonment of up to 93 days. The court may also order vehicle immobilization (meaning the court may order your car into storage, ignition interlock, gas cap lock, etc.). In addition, you must pay “driver responsibility fees” to the Michigan Department of Treasury. For OWI, this fee is $1,000 each year, for two years. For OWVI, the fine is $500 each year, for two years. If these fees are not paid within 60 days of the due date, your license will be suspended. See “Driver Responsibility Fee Chart.”

NOTE: The court may also order you to pay the costs of the prosecution and community service supervision fees.

What happens if this is my SECOND “OWI” or “OWVI” offense?

If the violation occurs within 7 years of a prior conviction, you will be sentenced to pay a fine of not less than $200 and up to $1,000, and one or more of the following: imprisonment for not less than 5 days but up to 1 year; community service for not less than 30 days but up to 90 days. The court must also order vehicle immobilization.

What happens if this is my THIRD “OWI” or “OWVI” offense?

If the violation occurs after 2 or more prior convictions, regardless of the number of years passed, you are guilty of a felony and will be sentenced to pay a fine of not less than $500 and up to $5,000 and to either of the following: imprisonment under the jurisdiction of the department of corrections for not less than 1 year and up to 5 years; probation with imprisonment in the county jail for not less than 30 days but up to 1 year; and community service for not less than 60 days but up to 180 days. The court must also order vehicle immobilization.

What is the new “Super Drunk” law?

Beginning October 31, 2010, if your bodily-alcohol content is 0.17 or higher, the above penalties for OWI are applied, but in addition, you are guilty of another misdemeanor, punishable by imprisonment for up to 180 days, a fine of not less than $200 and up to $700, community service of up to 360 hours, or a combination of any of the three.

What happens if I am a minor and am drunk-driving?

This is known as zero-tolerance, minor operating with unlawful BAC, and drunk-driving minor. If convicted, you are guilty of a misdemeanor if you are under the age of 21 and you have any presence of alcohol within your body from consumption of alcohol. You must have been under 21 at the time of the offense, and your BAC must have been under .08. The punishment is as follows: community service of up to 360 hours, a fine of up to $250, and probation of up to 2 years. No jail time is authorized.

What are the consequences of being convicted of drunk-driving minor a SECOND time?

If the violation occurs within 7 years of 1 or more prior convictions, you may be sentenced to one or more of the following: community service of up to 60 days; a fine of up to $500; and imprisonment of up to 93 days.

Can I be charged with a crime if I am the owner of the car and somebody else drives the car drunk?

Yes, but certain conditions must occur. The law in Michigan states that the owner of the car must not authorize or knowingly permit the car to be operated upon a highway or other place open to the general public if 1) the person driving is under the influence of alcohol, a controlled substance, or a combination of alcohol and a controlled substance; or 2) the person has a BAC of 0.08 grams or more per 100 milliliters of blood; or 3) the person’s ability to operate the motor vehicle is visibly impaired due to the consumption of alcohol, a controlled substance, or a combination of alcohol and a controlled substance. If convicted, it is a misdemeanor and punishable as follows: imprisonment of up to 93 days, a fine of up to $500, or both.

NOTE: Effective October 1, 2013, the minimum bodily-alcohol content level increases to 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

Can I be charged with a crime if I am the owner of the car and somebody else drives the car drunk?

NOTE: Effective October 1, 2013, the minimum bodily-alcohol content level increases to 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

What happens if a person is killed as a result of drunk driving?

The driver can be charged with a felony punishable by imprisonment of up to 15 years, a fine of not less than $2,500 but up to $10,000, or both. If the driver kills a police officer, firefighter, or other emergency response personnel, that driver is guilty of a felony, punishable by imprisonment of up to 20 years or a fine of not less than $2,500 but up to $10,000, or both.

What happens if a person is seriously injured as a result of driving drunk?

The driver can be charged with a felony, punishable by imprisonment of up to 5 years or a fine of not less than $1,000 but up to $5,000, or both.

Is there an enhanced penalty for OWI if there is a person under the age of 16 in the car?

Yes. If you are OWI with a person under age 16 in the car, you are guilty of a misdemeanor punishable by a fine of not less than $200 but up to $1,000 and to 1 or more of the following: 1) imprisonment for not less than 5 days but up to 1 year; and 2) community service for not less than 30 days but up to 90 days.

Is probation an option if convicted of OWI or OWVI?

Yes, but it does NOT prohibit jail time. If the defendant is convicted of a misdemeanor, the probation period shall not exceed 2 years. If the defendant is convicted of a felony, the probation period shall not exceed 5 years.