Law Info

MI Criminal
Charge

 MI OWVI/OWI
Penalty

Operating While Intoxicated (OWI)
- Under the Influence of alcoholic
liquor, or .08 or greater
  • Jail: 93 days
  • Fines: $100 -$500
  • Community Service 360 hours (45 days)
  • May order ignition interlock during probation
  • Discretionary Vehicle Immobilization

Operating While Intoxicated (OWI)

Second (2nd)
Offense
  • Jail: 5 Days – 1 Year
  • Fines: $200 – $1000
  • Community Service of not less than 30 days or not more than 90 days
  • May order ignition interlock during probation
  • Mandatory Vehicle Immobilization

Operating While Intoxicated (OWI)

Third (3rd)
Offense

 
  • Prison: Not less
    than 1 Year or more than 5 years
  • Probation with
    Jail not less than 30 days nor more than
    1 year
  • Fines: $500 -
    $5000
  • Community Service
    of not less than 60 days or not more
    than 180 days
  • May order
    ignition interlock during probation
  • Mandatory Vehicle
    Immobilization

Allowing a Person to operate a
motor vehicle while intoxicated or
BAC of over .08.
  • Jail: 93 days
  • Fine: $100 – $500

Allowing a Person to operate a
motor vehicle while intoxicated or
BAC of over .08 that causes a death.
  • Prison: Up to 5 years
  • Fine: $1500 – $10,000

Allowing a Person to operate a
motor vehicle while intoxicated or
BAC of over .08 that causes serious
injury.
  • Prison: Up to 2 years
  • Fine: $100 – $5000

Operating While Impaired (OWVI)

No BAC
Presumptions 
  • 93 days
  • Fines: up to $300
  • Community Service 360 hours (45 days)
  • Discretionary Vehicle Immobilization

Operating While Impaired (OWVI)

Second (2nd)
Offense
  • Jail: 5 Days – 1 Year
  • Fines: $200 – $1000
  • Community Service of not less than 30 days or not more than 90 days
  • Mandatory Vehicle Immobilization

Operating While Impaired (OWVI)

Second (3rd)
Offense

 
  • Prison: Not less than 1 Year or more than 5 years
  • Probation with Jail not less than 30 days nor more than 1 year
  • Fines: $500 -$5000
  • Community Service of not less than 60 days or not more than 180 days
  • Mandatory Vehicle Immobilization

OWI Causing Death

Also included
impaired and Schedule One drugs 
  • 15 Years Prison
  • Fines: $2,500 – $10,000
  • Mandatory Vehicle Immobilization
  • Change in Sentencing Guidelines

OWI Causing Death of Police /
Firefighter (violation of 257.653a)

Also included
impaired and Schedule One drugs 
  • 20 Years Prison
  • Fines: $2,500 – $10,000
  • Mandatory Vehicle Immobilization
  • Change in Sentencing Guidelines

OWI Causing Serious Injury

Also included
impaired and Schedule One drugs 
  • 5 Years
  • Fines: $1000 – $5000
  • Mandatory Vehicle Immobilization

Operating Under the Influence of
Intoxication Liquor (OUIL) By Minor (.02
BAC)
  • Fines: $100 -
    $500
  • Community Service
    360 hours (45 days)

Child Endangerment
  • Jail: 5 Days – 1 Year
  • Fines: $200 – $1000
  • Community Service of not less than 30 days or not more than 90 days
  • Mandatory Vehicle Immobilization

Child Endangerment,

Second (2nd
Offense)
  • Prison: Not less than 1 Year or more than 5 years
  • Probation with Jail not less than 30 days nor more than 1 year
  • Fines: $500 – $5000
  • Community Service of not less than 60 days or not more
    than 180 days
  • Mandatory Vehicle Immobilization

Operating with Schedule One
Controlled Substances and Cocaine

  • Same Penalty as OWI
  • Jail: 93 days
  • Fines: up to $300
  • Community Service 360 hours (45 days)
  • Discretionary Vehicle Immobilization

Operating with Schedule One
Controlled Substances and Cocaine, 

Second (2nd)
Offense

  • Same
    Penalty as MI OWI, (2nd) Second Offense
  • Jail: 5 Days – 1 Year
  • Fines: $200 – $1000
  • Community Service of not less than 30 days or not more than 90 days
  • Mandatory Vehicle Immobilization

Operating with Schedule One
Controlled Substances and Cocaine, 

Third (3rd)
Offense
  • Same Penalty as MI OWI (3rd)
    Third Offense
  • Prison: Not less than 1 Year or more than 5 years
  • Probation with
    Jail not less than 30 days nor more than 1 year
  • Fines: $500 – $5000
  • Community Service of not less than 60 days or not more than 180 days
  • Mandatory Vehicle Immobilization

Ticket Point System

Under Michigan law, some traffic violations are civil infractions while others are misdemeanors or felonies. Depending on the violation and how it is resolved, you may be fined, referred to a special program, or in the most serious situations, sent to jail. In most cases, if you do not take care of a traffic ticket, your driver license will be suspended.

Each time you are convicted of a traffic violation, you will have to pay certain court fines and costs. In addition, points may be posted to your driving record. Under Michigan’s point system, each traffic violation has a point value, which is set by law in the Michigan Vehicle Code. Points are placed on your driving record only after you have been convicted or found guilty of or responsible for a civil infraction. Points placed on your driving record remain there for two years from the date of conviction. If you believe there are extenuating circumstances for the ticket you received, these must be submitted when you appear in court. The Secretary of State cannot set aside a court conviction or the points for it. The following show the points for some traffic violations:

Points For Some Traffic Convictions

Six Points:

  • Manslaughter, negligent homicide, or other felony involving use of a motor vehicle.
  • Operating under the influence of liquor or drugs.
  • Failing to stop and give identification at the scene of a crash.
  • Reckless driving.
  • Unlawful bodily alcohol content of 0.08 or more.
  • Refusal to take a chemical test.
  • Fleeing or eluding a police officer.

 

Four Points:

  • Drag racing.
  • Operating while visibly impaired.
  • Under age 21 with any bodily alcohol content.
  • 16 mph or more over the legal speed limit.
  • Failure to yield/show due caution for emergency vehicles.

 

Three Points:

  • Careless driving.
  • Disobeying a traffic signal or stop sign or improper passing.
  • 11 through 15 mph over the legal speed limit.
  • Failure to stop at railroad crossing.
  • Failure to stop for a school bus or for disobeying a school crossing guard.

 

Two Points:

  • 10 mph or less over the legal speed limit.
  • Open alcohol container in vehicle.
  • All other moving violations of traffic laws.
  • Refusal of Preliminary Breath Test (PBT) by anyone under age 21.

 

*Please note that snowmobile and off-road vehicle (ORV) alcohol-conviction points are placed on a driver record and may result in licensing action against your driving privileges even though the violation happened while operating a snowmobile or ORV.