Michigan Drunk Driving Defense Lawyer (DUI & DWI)


Client Testimonial:

This is a humble, yet passionate "thank you" for your efforts and results on my behalf.  When I first faced my "life altering" challenge, I was frightened and at a loss for how I should proceed.  Thankfully, you were recommended to me.

-J.T.F.

Michigan DUI Lawyer Patrick Barone

Michigan DUI/OUIL/OWI/OWVI Penalties

News! - Michigan Passes new drunk driving laws:

Detroit, MI. (January 9, 2007) - On January 3, 2007 Governor Granholm signed into law legislation that removes the 10 year “look back” period for all drunk driving offenses. Under prior law, a third offense would be considered a felony only if it occurred within a prior 10-year time period. With this new amendment a driver arrested for drunk driving with two prior offenses, regardless of their age, will face felony charges. [read the press release]

The legal limit for blood alcohol content in Michigan is .08 BAC. Michigan DUI Laws put into effect as of 9/30/03 place the penalties as in the chart below for:

  • Operating While Intoxicated (OWI); 
  • Operating While Visibly Impaired (OWVI); 
  • Operating Under the Influence of Schedule One Controlled Substances/Cocaine; or 
  • Allowing a Person to Operate while Intoxicated:

The old Michigan OUIL/UBAC laws for the crime of Operating Under the Influence of Intoxicating Liquor (OUIL) are obsolete and replaced with the new MI OWI laws. The OWVI laws remain, but there is no longer a BAC threshold to prove OWVI.

 

MI Criminal Charge

 MI OWVI/OWI Penalty
Operating While Intoxicated (OWI) - Under the Influence of alcoholic liquor, or .08 or greater

  • 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

  • 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

 

 

Get a FREE confidential CASE EVALUATION on your Michigan OWI/OWVI by calling 1(800)DIAL-DUI or filling out this consultation request form. Call now, there's no obligation!

 

Michigan DUI Legal Process:

Co-authored by Attorney Patrick Barone, The DUI Book is a valuable resource for the accused. It contains over 600 pages of information and answers about all stages of a drunk driving case beginning with pre-arrest, arrest, post-arrest, pre-trial, trial and carrying through all the way through to appeal. Here is a glossary excerpt.

Michigan OWI FAQ
Learn what the police, the courts and other attorneys don't want you to know about your Michigan OWI/DUI case, and what you should do right now to increase your chances of winning!

The 9 Most Successful Defenses
Find out what you can do right now to change the outcome of your Michigan case.

New Developments in DUI Defense
Current case law and issues affecting Michigan DUIs.

The 7 Worst Mistakes Lawyers Make
Discover the worst mistakes lawyers often make in defending DUI cases BEFORE you hire a lawyer to represent you - so that you can exclude them.

The Top 5 Biggest Mistakes of the DUI Accused
Learn how to avoid the worst mistakes made over and over again by people accused of DUI.

Why I defend DUI cases
A good discussion of the unreliability of evidence and general unfairness in today's drunk driving prosecutions, from noted DUI practitioner Edward Fiandach of New York.

The Ten Commandments For Ethically And Effectively Representing Clients at Trial
How to be Sure the DUI Attorney You Hire to Handle Your Pending Drunk Driving Case will Provide the Best Possible Representation, by William Head.

Five Myths About Defending Accused Drunk Drivers
One of the best DUI attorneys in the nation, William C. Head of Atlanta, GA, discusses the myths and realities of fighting a drunk driving charge.

Michigan DUI Law Video
Some helpful information in video format on DUI issues from Patrick Barone.

Links
Find a Top DUI Lawyer in Your State.

More Press and Info on Attorney Patrick Barone:

New! - Press Release on Heidi's Law - New Michigan Drunk Driving Law

Michigan DUI Defense Book
Attorney Barone's unpublished draft of his drunk driving defense guide for Michigan Lawyers.