Michigan DUI laws make it illegal to operate a vehicle while intoxicated. Intoxication means under the influence of alcohol or a controlled substance with a blood alcohol level or 0.08 grams or more. Additionally, the owner of a vehicle is in violation where the owner authorized or permitted another to operate a vehicle when the driver was noticeably intoxicated.
257.625 Operating motor vehicle while intoxicate
Sec. 625.
(1) A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person is operating while intoxicated. As used in this section, "operating while intoxicated" means either of the following applies:
(a) The person is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.
(b) The person has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or, beginning October 1, 2013, the person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(2) The owner of a vehicle or a person in charge or in control of a vehicle shall not authorize or knowingly permit the vehicle to be operated upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of motor vehicles, within this state by a person if any of the following apply:
(a) The person is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.
(b) The person has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine or, beginning October 1, 2013, the person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(c) The person's ability to operate the motor vehicle is visibly impaired due to the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.
Penalties
1st Offense: Jail: up to 93 days. Fine: $100 to $500; $1,000 driver responsibility fee for 2 years. License Suspended: up to 6 months; eligible for restricted license after 30 days. Community Service: up to 360 hours. Other: interlock.
2nd Offense: Jail: 5 days to 1 year. Fine: $200 to $1,000; $1,000 driver responsibility fee for 2 years. License Suspended: 1 year. Community Service: 30 to 90 days. Other: interlock, vehicle immobilization from 90 to 180 days (or forfeiture), license plate confiscation.
3rd Offense: Felony. Jail: 1 to 5 years. Fine: $200 to $1,000; $1,000 driver responsibility fee for 2 years. License Suspended: 1 year. Community Service: 60 to 180 days. Other: interlock, vehicle immobilization from 90 to 180 days (or forfeiture), license plate confiscation, probation with 30 days to 1 year in jail
Find an Attorney
If you face a DUI charge in Michigan, you can face stiff fines and possible time in jail. To defend against charges, you should cooperate and submit to any chemical tests given. If this is a first offense, you may only have to pay a fine and community service. Additionally, any subsequent offenses will have enhanced penalties, so it is best not to repeat the offense. Talk with an attorney experienced with DUI laws in Michigan to discuss possible defenses.
