What are the Penalties Under Michigan Law for a first
time offense?

•        Up to 93 days in jail
•        Up to a $500 fine
•        Up to 360 hours of community service
•        Up to 6 points on a driver’s license
•        Up to 180 days with a suspended license,  with a
restricted license possible after 30 days

What about Driver Responsibility Program Fines?

A. Convicted drunk drivers are also subject to a new
$1,000 penalty that is included in a recently approved
driver responsibility program. The $1,000 penalty will be
imposed for two consecutive years. Drivers may still be
arrested and charged with impaired driving, however,
the law no longer has a blood alcohol content
associated with impaired. Those convicted of impaired
driving face an additional $500 penalty assessed for
two consecutive years.  

What is the BAC stand for?

A.  Its stands for Blood Alcohol Content and the legal
level is .08 which is stricter than the old level of .10

What is Operating While Visibly Impaired?

A.  Under Michigan’s prior drunk driving laws, the
offense of operating while visibly impaired, which
prohibited driving with a blood alcohol level greater than
.07 but less than .10, remains in effect, but the new
impaired provisions do not have any numerical blood
alcohol levels to define when a driver is impaired. In
essence, there are few differences between a charge of
OWI and OWVI, but an impaired charge carried slightly
lower fines and slightly less harsh driving sanctions. As
such, under Michigan’s prior drunk driving laws, the
federally mandated threshold of .08 was already
effectively enforced in Michigan.

What is the Penalty for Failing to Take a Breathlyzer?

A.  An automatic suspension of your license for one
year from the date of your failure to take the test for a
first refusal.  A second refusal will carry a two year
suspension for failing to take the test in a seven year
period from your refusal to take the first.
LEGAL DISCLAIMER: The information at this web site is for general information
purposes. Because each legal situation is unique, you should not rely on the advice
contained in this website. We recommend you contact the firm for specific questions.
THE LAW OFFICES OF
CULLEN P. GEISLER PLLC
Michigan Drunk Driving FAQ
28175 Haggerty Novi, Michgian (248) 488-8623