“What happens when you get a DUI in Michigan?” That’s likely what you’re thinking about if you have or someone you know has been arrested for driving under the influence of alcohol or drugs.
“How long does a drunken driving conviction remain on someone’s record? Will my loved one go to jail, and for how long? Does my loved one need substance abuse counseling?”
These are only a few of the many questions you may have.
The truth is that the answers depend on numerous factors, especially how many times an individual was caught drinking and driving and how much alcohol he or she consumed before getting behind the wheel.
Another very significant factor is if there was a vehicular accident and if someone was injured or killed in that crash. In that case, it would essentially become a different story altogether.
What Happens When You Get a DUI in Michigan: The Short Term
In Michigan, you are considered to be legally intoxicated if you have a blood-alcohol level of 0.08 or higher. If you are pulled over and appear intoxicated, you may be given a breath test and sobriety tests, and the officer may look at your eyes to see if they are glassy or bloodshot.
If it is determined that you were drunken driving, you will typically be taken to the police station and placed in what officers refer to as a “detox cell” until the effects of the alcohol or drugs wear off.
What would then happen when you get a DUI in Michigan depends on how many times you have been arrested, as well as whether or not there were any injuries or fatalities.
- First DUI
A first drunken driving offense in Michigan is considered a misdemeanor. For an Operating While Intoxicated conviction, you may face up to 93 days in jail; fines of $100 to $500; 360 hours of community service; vehicle immobilization; and possibly a requirement to use an ignition interlock device during a probationary period.
Penalties for an Operating While Visibly Impaired conviction would be similar, but the fines are typically lower.
- Second DUI
A second drunken driving offense in Michigan is also considered a misdemeanor. Two convictions within seven years will result in a one-year revocation of your driving privileges.
Additional penalties for a second DUI within seven years may include:
- A $200 to $1,000 fine
- Five days to one year in jail
- Thirty to 90 days of community service
- License plate confiscation
- Vehicle immobilization for up to 180 days or vehicle forfeiture
- Six points added to the driver’s record if the charge is considered Operating While Intoxicated, or four points added if it is identified as Operating While Visibly Imparied.
- Third DUI
A third drunken driving offense is considered a felony. Three or more DUI convictions will result in a five-year revocation of your license in the state of Michigan.
Penalties for a third offense of Operating While Intoxicated are:
- Prison time of one to five years
- Fines of $500 to $5,000
- A minimum of 30 days probation with a maximum of one year in jail
- Sixty to 180 days of community service
- Mandatory vehicle immobilization
- A requirement to use an ignition interlock device during probation
Penalties for a third offense of Operating While Visibly Impaired are similar.
- Drunken-driving related injury or death
If someone is injured or killed as a result of your drinking and driving, you would most likely face additional charges, such as involuntary manslaughter or negligent homicide. If you are found guilty of these felonies, you will likely face a prison sentence.
You may face a sentence of 15 years in prison if you:
- Caused death or injury while driving under the influence of drugs or alcohol
- Caused death or injury when driving while your license was suspended, revoked, or denied (such as in the case of a first DUI)
If you were drunken driving or driving illegally as described above and your actions led to the death of an emergency responder, you may face up to 20 years in jail.
The Long-Term Effects of a Drunken Driving Conviction
In Michigan, if your license was suspended for a specific period of time, you can get it back after that period of time is over. Essentially, all you would need to do is pay the necessary fees to the Secretary of State.
On the other hand, if your license was revoked, you must apply to get your license reinstated by submitting a petition to the Michigan Secretary of State’s Administrative Hearings board. You will also have to attend a hearing before this board. During this hearing, you should submit letters of support and a favorable drug screening, as well as show that you have followed the rules of your license revocation, such as by attending sobriety classes.
After a revocation, you will likely be given a restricted license for up to one year. With the restricted license, you are limited to driving to only certain places, such as work, medical exams, and therapy sessions. You would also have to use an ignition interlock device.
After that restricted license period is over, you can apply to get your full license reinstated after attending another hearing before the board.
In addition to a loss of driving privileges for one or more years and the need to use an ignition interlock device for a specified period of time, individuals convicted of drunken driving will face many other long-term effects. They may include:
- A permanent criminal record that could harm their applications for jobs, loans, and more
- Increased auto insurance rates due to the points on their licenses
- Possible loss of a job if it requires a valid driver’s license or commercial license
- Inability to obtain certain types of jobs or start a military career
- Possible revocation of licenses, such as medical licenses
- Lawsuits in relation to the incident
No matter which way you view it, what happens when you get a DUI in Michigan will inevitably affect your personal and professional life for an indefinite amount of time. My goal is to help you get your license back after you have served your punishment, so you can at least begin to regain some of your independence, confidence, and quality of life.
Contact me if you want to know more about what happens after a drunken driving arrest or if you need help getting a driver’s license reinstated.