Michigan Drunk Driving Laws

In the state of Michigan, a driver doesn't have to fail a blood test to be punished for impaired driving. Michigan law not only recognizes operating while intoxicated (OWI), but also operating while visibly impaired (OWVI).

For most drivers, a blood alcohol concentration (BAC) of 0.08 percent qualifies as OWI in Michigan. For commercial drivers, the level is 0.04 percent. For drivers under 21, any BAC level is cause for legal action. Operating with the presence of drugs (OWPD) is also an offense, and is also determined by a blood test.

Lower BAC Levels May Also Be Prosecuted

Even drivers whose blood tests don't qualify them for conviction under OWI or OWPD standards can be prosecuted under OWVI, although the latter is a more subjective judgment.

A first OWI or OWPD conviction carries penalties that can include up to 93 days in jail, a fine of up to $500, plus something called a driver responsibility fee of $1,000 per year for two years, and up to 360 hours of community service. The offender's driving privileges may be suspended for up to six months; application for restricted privileges may be made after 30 days.

Conviction May Result in Use of Ignition Lock

The court also has the option of imposing an ignition interlock device, which is wired into the car's ignition system, such that the car will not start unless the driver passes a breath test by blowing into a tube attached to the dashboard. The offender pays for installation, monthly rental, and periodic servicing.

For a first OWVI conviction, possible jail time and community service are the same as for OWI or OWPD, but the fines are lower.

Subsequent convictions for all categories bring harsher penalties.

If you are arrested for OWI, OWPD, or OWVI in Michigan, you need an experienced attorney to make sure that you take advantage of all your rights as a defendant. If you are convicted, cost of penalties and loss of work can add up quickly. Your attorney will know best how to keep the financial damage as low as possible.