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Sentence Enhancements for DUI in Michigan

There a number of sentence enhancements for repeat convictions of DUI offenses. For a second conviction (within seven years of a prior DUI conviction) of operating while intoxicated (OWI) or operating with any presence of a schedule 1 drug or cocaine (OWPD) results in a $200 to $1,000 fine with five days to one year in jail and/or 30 to 90 days of community service. There is also a driver’s license revocation and denial for at least one year (at least five years if there was a prior revocation and denial within seven years) and a license plate confiscation. If the offender’s vehicle isn’t forfeited, then the offender’s vehicle will be immobilized for 90 to 180 days. Finally, six points will be added to the offender’s driving record and the offender will have to pay the Driver’s Responsibility Fee of $1,000 for two consecutive years.

If there’s a third conviction within a lifetime, the offender will have to pay a $500 to $5,000 fine, and be subject to either one to five years of imprisonment in a state prison or probation with 30 days to a year in jail. Also, the offender will have to complete 60 to 180 days of community service. There will also be a driver’s license revocation and denial if there are 2 convictions within 7 years or 3 convictions within 10 years. The minimum period of revocation and denial is 1 year (minimum of 5 years if there was a prior revocation within 7 years). Furthermore, the offender will be subject to a confiscation of their license plate, vehicle registration denial, six points added to their driving record, and a possible forfeiture of their vehicle. If there isn’t a vehicle forfeiture, then the offender’s vehicle will be immobilized for one to three years. Finally, the offender will have to pay a Driver Responsibility Fee of $1,000 for two consecutive years.

For a second offense within seven years for persons under 21, the offender will be subject to one or more of the following: a fine of up to $500, up to 60 days of community service, and up to 93 days in jail. The offender’s driver’s license will also be revoked and denied for a minimum of one year, and the revocation and denial will be for a minimum of five years if there was a prior revocation of the offender’s license within the last seven years. Finally, four points will be added to the offender’s driving record and the offender will have to pay a Driver Responsibility Fee of $500 for two consecutive years.

Enhanced Penalty Blood-Alcohol Concentration

In Michigan, the Enhanced Penalty Blood-Alcohol Concentration is a BAC of 0.17. Such a higher BAC level warrants more severe penalties. Violating this BAC level will result in at least one of the following: up to 180 days in jail, a $200 to $700 fine, or up to 360 hours of community service. Additionally, the offender’s driver’s license can be suspended for a year, which is eligible for restrictions after 45 days of suspension if an ignition interlock device is installed on all vehicles that the offender owns or intends to operate. If the offender operates a vehicle without a properly installed ignition interlock device, then it is possible for a metal license plate confiscation. If the offender is subsequently convicted for operating a vehicle without a properly installed ignition interlock device, then there will be a mandatory immobilization of the offender’s vehicle. Finally, having a BAC level of at least 0.17 will also result in six points being added to the offender’s driving record and a driver responsibility fee of $1,000 for two consecutive years.

The BAC level of a driver can be tested by the police with the use of a number of chemical tests. The most common form of testing is breath testing, which includes portable breath tests and evidentiary breath tests. Portable breath tests are often used in the field and determine whether there’s probable cause to arrest for a DUI offense. Evidentiary breath tests are conducted at the police station and are more reliable than the portable breath test, which makes them more admissible in court. If a warrant is obtained, the police can conduct a blood test even if the suspect refuses. The police can also request a urine test, but is usually reserved for testing the presence of drugs or when blood tests are not available or practical since urine tests are not as reliable.


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