Michigan is serious about enforcing punishment for “driving under the influence”. Its drunk driving laws, known as, OMVI, clearly define the recommended punishment for “DUI”. If an individual refuses to take urine, blood, or breathe test, this individual can be arrested for OWI, OMVI, or any alcohol- related charge. If an intoxicated individual is arrested, he/she must report to a hearing within 14 days of the arrest.

There are 3 driving offenses in Michigan as follows:

1)    Operating a motor vehicle while impaired,
2)    Operating a motor vehicle while under the influence of an intoxicating liquor,
3)    Driving with a bodily content that exceeds the lawful alcohol amount.

It is up to the prosecutors to prove beyond a reasonable doubt that the driver of the vehicle is impaired, as follows:

• Operating a motor vehicle while under the influence of an alcohol substance that is higher than the legal limit for the state of Michigan,
• The alcohol content affects the operation of the motor vehicle.  Michigan’s law states that one’s alcohol content cannot legally surpass a .08% content.

The legal age to drink in Michigan is 21 years of age. Anyone under “21” is considered to be a minor in respect to the legal age of alcohol consumption. There is a “zero tolerance” in regard to   alcohol consumption and minors in the state of Michigan.

The punishment for a 1st DUI offense is a $ 500 fine, 93 days in jail or less, and up to 45 days of community service. The 2nd DUI’s punishment stiffens a little in that the fine is $ 1,000, with up to 1 year of imprisonment. The 3rd DUI includes a $5,000 fine and 1-5 years of imprisonment. With any DUI, there is a chance that an individual’s license will be suspended, according to the situation and the relevant facts surrounding each specific case from 6 months to 2 years. However, if an individual has a prior conviction, his/her license may be suspended for a longer period of time. In some cases, an individual may be offered the chance to have a “restricted license”. This is when a person is permitted to drive to work, community service, probation meetings, rehab, support groups, etc. Each trip must be approved by the state law enforcement authorities, and a travel log must be kept in regard to each trip. This restricted license is a highly supervised program that enforces only necessary travel.  With these aggressively enforced punishments, Michigan is experiencing fewer DUI incidents, and hopes to greatly reduce more offenses in the years to come!