Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offence committed when a driver operates a vehicle after the consumption of alcohol or drugs or other intoxicants. Increased alcohol levels in the driver's blood lead to diminished mental and motor reactions which, in turn, reduce the driver's ability to control the vehicle. This significantly increases the risk of the driver committing errors of judgment and often results in accidents causing severe injuries and even death. In Michigan, the offense is called as Operating While Visibly Impaired (OWVI - ability to operate a vehicle is visibly affected due to alcohol consumption) and Operating While Intoxicated (OWI - BAC of 0.08 or more) or Operating With Presence of Drugs (OWPD).

In Michigan, as in the rest of the US, drunk driving is the single largest cause of motor vehicle related fatalities and accounts for an alarmingly high 40% to 50% of the total number of motor vehicle related deaths every year.

REGULATIONS FOR DUI/DWI IN MICHIGAN

In Michigan the Blood Alcohol Content (BAC) limit is set at 0.08% for drivers over 21 years of age and it is set at 0.02% for those under 21. For commercial drivers, the limit is set at 0.04%.

Having a Michigan license automatically provides your consent to be tested if stopped by a law enforcement officer, while driving. This is the law of "implied consent" and can be used by the officer to test you if you are stopped on the suspicion of drunk driving, either through a breathalyser test or by an actual blood test to check the BAC. Refusing to take the chemical test will result in your license being automatically suspended for a year, six points will be added to your driving record and you will have to pay up to $100 fine and court costs for first offense. For the second offense in seven years, your license will be suspended for two years and six points will be added to your driving record.

Points will be added to your driving record and your license will be suspended or revoked, if you convicted of DUI/DWI. The number of points assessed, depend on the severity of the offense and the number of times you have been convicted for it.

ACTIONS AGAINST DUI/DWI FOR DRIVERS OVER 21:

If you are over 21 years old, and are caught with BAC higher than the set limit of 0.08%, you may be subjected to criminal actions in addition to administrative actions. If the DUI/DWI incident you are involved in is subjected to criminal action, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

1. The first OWI/OWPD offense may result in imprisonment for up to 93 days and/or $100- $500 fine. Also, if convicted for a first offense BAC or DWI (BAC over 0.08%) or for driving under the influence of drugs (DUID):
   • 6 points will be added to your driving record.
   • Your license will be suspended for thirty days and thereafter restricted for 150 days.
   • You may be eligible to drive using the Restricted License if you meet the conditions.
   • Your vehicle may be immobilized.
   • For OWPD, you may also have to pay $500 as Driver Responsibility Fee for two successive years.
   • For OWI, you may have to pay $1000 as Driver Responsibility Fee for two successive years.
   • You may have to undertake community service of up to 360 hours.
2. The first OWVI offense may result in imprisonment of five days to one year and/or $200- $1000 fine.
   • 4 points will be added to your driving record.
   • Your license will be restricted for 90 days.
   • Your vehicle may be immobilized.
   • You may have to pay $500 as Driver Responsibility Fee for two successive years.
3. The second OWI/ OWPD offense or two offenses in seven years ("habitual offender") is treated as a Felony and may result in imprisonment for between five days to one year and/or $200- $1000 fine. Also, if convicted for the second offense of DWI, DUID or BAC:
   • 6 points will be added to your driving record.
   • Your license will be revoked or denied for at least one year.
   • You may be eligible to drive using the Restricted License if you meet the conditions.
   • You may also have to undertake 30- 90 days of community service.
   • Your vehicle's metal license plate will be destroyed by the law enforcement officer irrespective of whether you own the vehicle or not. A new plate can be issued only once the court resolves your case.
   • Your vehicle may be immobilised for 90-180 days or forfeited.
   • You may have to mandatorily undergo treatment for substance abuse.
   • You may face registration denial.
   • For OWI, you may have to pay $1000 as Driver Responsibility Fee for two successive years.
   • For OWPD, you may also have to pay $500 as Driver Responsibility Fee for two successive years.
4. The second OWVI offense in seven years ("habitual offender) may result in imprisonment of five days to one year and/or $200- $1000 fine.
5. 4 points will be added to your driving record
   • Your license will be revoked or denied for at least one year.
   • Your vehicle's metal license plate will be destroyed by the law enforcement officer irrespective of whether you own the vehicle or not. A new plate can be issued only once the court resolves your case.
   • Your vehicle may be immobilised for 90-180 days or forfeited.
   • You may also have to pay $500 as Driver Responsibility Fee for two successive years.
6. The third offense or three offenses in ten years ("habitual offender") may result in imprisonment for one to five years and/or a $500- $5000 fine. Also, if convicted for the third offense of DWI, DUID or BAC:
7. 6 points will be added to your driving record.
8. Your license will be revoked or denied for at least five years.
9. Your vehicle's metal license plate will be destroyed by the law enforcement officer irrespective of whether you own the vehicle or not. A new plate can be issued only once the court resolves your case.
10. Your vehicle may be immobilised for one to three years or forfeited.
11. You may have to mandatorily undergo treatment for substance abuse.
12. You may face registration denial of all leased and owned vehicles.
13. For OWI, you may have to pay $1,000 as Driver Responsibility Fee for two successive years.
14. For OWPD, you may also have to pay $500 as Driver Responsibility Fee for two successive years.
15. You may have to undertake community service for 60-180 days.
16. The third OWVI offense in ten years may result in imprisonment of one to five years and/or $500- $5000 fine.
17. 4 points will be added to your driving record
    • Your license will be revoked or denied for at least five years.
    • Your vehicle's metal license plate will be destroyed by the law enforcement officer irrespective of whether you own the vehicle or not. A new plate can be issued only once the court resolves your case.
    • Your vehicle may be immobilised for one to three years or forfeited.
    • You may also have to pay $500 as Driver Responsibility Fee for two successive years.
    • You may have to undertake community service for 60-180 days.
    • You may face registration denial.

ACTIONS AGAINST DUI/DWI FOR DRIVERS UNDER 21

1. The license may be restricted for 30 days after the first offense and you may also have to undertake up to 360 hours of community service, pay $250 fine and $500 as Driver Responsibility Fee for two successive years and two points will be added to your driving record.
2. For the second offense in seven years, your license will be suspended for 90 days- one year, you may have to undertake up to 60 days of community service, pay $500 fine and $500 Driver Responsibility Fee for two successive years and 4 points will be added to your driving record.
3. The court may order you to pay $100 fine for the first conviction. For a second conviction for any alcohol or drug-related offense (inclusive of possession and use) while driving you may have to pay $200 fine, your license may be suspended for 30 days or restricted for 60 days.
4. For third offense you will have to pay $500 fine and your license may be restricted for 305 days/suspended for 60 days. You may also have to undergo community service and alcohol screening. Penalties for using fake ID to buy liquor will lead to imprisonment for 93 days and/or $100 fine. Alcohol screening also may be ordered.
5. You can transport alcoholic beverages only when accompanied by a person over 21 years else you may be charged with Misdemeanor.
6. If you refuse to take the Preliminary Breath Test (PBT) two points will be added to your driving record.
7. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

ACTIONS AGAINST DUI/DWI FOR COMMERCIAL VEHICLE DRIVERS

If you drive a commercial vehicle and hold a commercial driver license (CDL):

1. Points will be added to your driving record and you will be barred from driving a commercial vehicle for a year, if you are convicted for your BAC being higher than 0.04% but less than 0.08%. You will also be issued an "out-of-service" order valid for 24 hours by the arresting officer if you have a Unlawful Bodily Alcohol Content (UBAC) of .015 grams or more or if you refuse to submit to a test.
2. You will be barred from driving a commercial vehicle for at least three years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
3. You will be barred from driving a commercial vehicle for at least ten years if you are convicted for any of these offenses for the second time.
4. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties may also be applicable.
5. If you are convicted for DUI/DWI when driving a non Commercial vehicle, then your CDL may be suspended or revoked subject to type and number of convictions. Your chauffer's or operator license may also be revoked or suspended.

ADMINISTRATIVE ACTIONS AGAINST DUI/DWI:

Michigan laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:

• He/she is aged 21 and above and is driving with BAC 0.08% or more.
• He/she is aged below 21 and is driving with BAC 0.02% or more.

If you are arrested for DUI/DWI, the arresting officer will destroy your Michigan driver license and issue a temporary 625g paper permit that permits you to drive till the court resolves your case, complete a notice of license suspension/revocation based on the nature of the offense along with a warrant, if applicable; and send the entire set to the Secretary of State. The driver can schedule an administrative hearing within 15 days of the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous driving record. If he has any alcohol related convictions or suspensions for this period, his license will be revoked or suspended. You may be eligible to drive using the Restricted License if you meet the conditions. The suspension or revocation begins after the final order of the hearing officer is mailed from the Secretary of State.

LICENSE REINSTATEMENT AFTER DUI/DWI SUSPENSION/REVOCATION:

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Secretary of State once the period of suspension or revocation is over. Habitual offenders will have to apply for relicensure to the Driver Assessment and Appeal Division (DAAD). Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

1. To complete the reinstatement requirements, you must prove that you have successfully completed the approved substance abuse program or a comparable program (the agency will send the proof to the Secretary of State once you have completed the program), pay the reinstatement fee of $125, and maintain proof of financial responsibility by filing SR-22, if required.
2. If you are being convicted for a second time, it is mandatory for the court to order an ignition interlock device to be placed for breathalyser tests on any vehicle you drive.
3. You can submit the reinstatement application and fees in person at a Secretary of State office near you. You can also send the reinstatement package by mail to (the money order or check must be drawn in favor of ‘Secretary of State':

Michigan Department of State
Distributed Services Unit
Lansing, Michigan 48918    

ADDITIONAL INFORMATION

• DUI/DWI has been a major cause of death and injury in our nation and it is our duty to prevent such needless pain and suffering. Simply: If you drink, DON'T DRIVE! If we all follow this rule to the letter - thousands of lives will be saved each year.
• If you have been charged with a DUI/DWI get help from a DUI/DWI Lawyer.
• See also Suspended License, Point System and Traffic Ticket Lawyers.
• It is possible to pay reinstatement fees by VISA, MasterCard or Discover and fax your application to (517) 322-1063.
• You may have to pay a $100 fine for carrying open intoxicants in your vehicle for first offense. For second offense your license will be suspended for 30 days or restricted for 60 days. For third offense the suspension is for 60 days or restriction for 305 days. You may be required to undergo alcohol screening and 2 points will be added to your driving record.