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Penalties for DUI in Michigan

When stopped by a police officer, refusing to take a Preliminary Breath Test can carry a fine of up to $150 plus any court costs. For individuals that are under the age of 21, refusing to take a Preliminary Breath Test will add two points to the individual’s driving record.

Following an arrest for drunk or drugged driving, refusing to take the evidentiary test (which determines a person’s blood alcohol content or the presence of drugs in the body) will lead to a hearing, which can result in 1) six points added to the person’s driving record, or 2) a license suspension for one year for the first time and two years for the second time.

A conviction of operating while intoxicated (OWI) or operating with any presence of a schedule 1 drug or cocaine (OWPD) results in a $100 to $500 fine and one or more of the following: jail time of up to 93 days and community service of up to 360 hours. This conviction also results in a driver’s license suspension of up to 90 days. There can also be possible vehicle immobilization and/or ignition interlock. Six points will be added to the offender’s driving record. Finally, the offender will be responsible for a Driver Responsibility Fee of $1,000 for two consecutive years for a OWI, and $500 for two consecutive years for a OWPD.

For operating while visibly impaired, a penalty of $500 to $5,000 fine is imposed, and either of the following: one to five years of imprisonment in a state prison or probation with 30 days to one year in jail. There will also be 60 to 180 days of community service, license plate confiscation, vehicle registration denial, and four points added to the offender’s driving record. A vehicle immobilization will also be imposed for one to three years, unless there is a possible vehicle forfeiture. Finally, the offender will have to pay a Driver Responsibility Fee of $500 for two consecutive years.

For persons under 21, different penalties are imposed, which include up to a $500 fine and/or up to 360 hours of community service. Additionally, the offender’s driver’s license will be restricted for 30 days as well as four points being added to their driving record. Finally, an offender under the age of 21 will have to pay a Driver Responsibility Fee of $500 for two consecutive years.

 


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