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Michigan DUI State Law

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Michigan DUI Laws

Michigan Implied Consent Law
1st Offense DUI Penalties
2nd Offense DUI Penalties
3rd Offense DUI Penalties

Under Michigan DUI laws, you have just 14 days to file a request for a hearing. If you fail to file a request for a hearing, after your arrest, your license could be automatically suspended. This is why it is critical for you to secure a Michigan DUI lawyer right away so they can start handling the procedure for you, and potentially get charges dropped or reduced.

Blood Alcohol Concentration for Michigan

In Michigan, DUI laws allow for you to be arrested for DUI if you are under the influence of alcohol to the point of being impaired, or you violate the state's Blood Alcohol Concentration Level, at .08 percent. Michigan also has a "zero tolerance" law in which any trace of alcohol in the body of an individual under 21 will result in charges. Michigan does not have an enhanced police for high BAC levels.

Michigan's OWVI law (Operating While Visibly Impaired) allows police to arrest and charge you with DUI even without the results from a chemical test. Under this portion of the law, alcohol or drugs leads you to behave as if you are drunk, such as erratic driving or having the appearance of being under the influence.

In both cases, as soon as you are arrested for DUI in Michigan, contact a Michigan DUI lawyer right away to begin fighting charges.

Implied Consent Laws

Michigan has implied consent laws. This means that if you drive in the state, you are agreeing that you will submit to a chemical test, such as a urine, blood or breath test, to determine if you are intoxicated.

If you fail this test, your license will be suspended for 1 year and you will have six points added to your license.

Michigan DUI 1st Offense:

A first offense will result in the following Michigan DUI penalties:

  • Fines up to $500
  • Serve up to 93 days in JAIL
  • 360 hours of community service may be given instead of jail time
  • Driver's license suspension for 30 days, followed by 150 days of driving restrictions (work only.)
  • Vehicle immobilization and the installation of ignition interlock device may be necessary
  • A $1000 Driver Responsibility fee must be paid
  • Misdemeanor charge

Michigan DUI 2nd Offense:

If you have a second conviction within seven years of the first, this will trigger a second offense charge. If convicted, you could face the following DUI penalties:

  • Up to $1000 in fines
  • 5 days at least, up to 1 year in JAIL
  • 30 to 90 days of community service
  • Driver's license revoked for 1 year, plus driving restrictions for another 150 days
  • License plate is confiscated
  • Vehicle forfeited or immobilized for up to 180 days
  • Pay $1000 Driver Responsibility fee
  • Misdemeanor charge

Michigan DUI 3rd Offense

The look back period for the third offense is 10 years. This means, if you have been charged with a third DUI within the last 10 years, you could fact the following Michigan DUI penalties:

  • Charged with a FELONY
  • Fines up to $5000
  • Jail sentencing from 1 to 5 years, and/or up to 180 days of community service
  • Driver's license is revoked for a minimum of 5 years
  • License plate will be confiscated, vehicle immobilized for up to 3 years or forfeited
  • You will be unable to register your vehicle
  • $1000 driver responsibility fee

Hire a Michigan DUI Lawyer

Are you facing these charges? The best way to fight them, or get them reduced or dropped is through the aid of a specialized Michigan DUI lawyer. They will work closely with you to ensure you receive the lowest jail time, community service, fines and to avoid suspension of your driver’s license, if possible.

Contact Michigan Drunk Driving Attorneys


  • Adrian
  • Ann Arbor
  • Battle Creek
  • Bay City
  • Belleville
  • Canton
  • Clinton Township
  • Dearborn
  • Dearborn Heights
  • Detroit DUI Lawyers
  • East Lansing
  • Flint
  • Grand Blanc
  • Grand Rapids
  • Hamtramck
  • Highland Park
  • Holland
  • Howell
  • Jackson
  • Lansing
  • Lincoln Park
  • Livonia
  • Macomb
  • Mount Pleasant
  • Muskegon
  • Niles
  • Northville
  • Plymouth
  • Port Huron
  • Redford
  • Rochester
  • Roseville
  • Saginaw
  • Sterling Heights
  • Taylor
  • Traverse City
  • Trenton
  • Troy
  • Warren
  • Westland
  • Wyandotte
  • Ypsilanti

Michigan DUI Legal Web Resources

Michigan DMV DUI Information Michigan Department of State - DUI
Michigan Lawyer Directory
Michigan Law Library on DUI
Michigan Laws & Regulations Michigan Superior Courts
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