Sentencing

There are numerous factors that determine your sentence. Your sentence depends on the court you are in, your personal background, you blood alcohol content (“BAC”), prior criminal record, whether you participated in alcohol rehab while awaiting sentencing, and most importantly the recommendation made to the court by probation after a Pre-Sentence Investigation (“PSI”) that often incorporates a substance abuse evaluation. A sentence may include the possibility of jail, Probation, participation in a Victim Impact Panel, random alcohol and drug testing, Substance Abuse Counseling, outpatient treatment, Alcohols/Narcotics Anonymous, Community Service, Ignition Interlock, Vehicle Immobilization, Vehicle Forfeiture, Licensing Sanctions, Community Service, and Fines and Costs.

Fines and Costs

Fines and costs are anywhere between $800.00 and $1500.00 not including driver responsibility fees imposed by the Secretary of State. Costs often include Probation Supervision Fees and reimbursing the Police and Prosecutor. Fines and Costs must be paid at time of sentencing unless the court allows for a payment plan.

Vehicle Immobilization

The Court may immobilize your vehicle for up to one-hundred eighty (180) days on a first offense Operating While Intoxicated (“OWI”). If a second OWI offense occurs within seven (7) years of a prior offense the court must immobilize the vehicle for ninety (90) to one hundred eighty (180) days. A third offense OWI offense requires immobilization for one (1) to three (3) years. If immobilization is mandated it will be required if the offender has any ownership interest in the vehicle. If the offender has no ownership interest in the vehicle, then it must be shown that the owner knowingly allowed the offender to operate the vehicle while intoxicated

**SUPERDRUNK**

Michigan enacted a “Superdrunk” law that increases the penalties for a first offense drunk driving if the offender’s Blood Alcohol Content (“BAC”) is .17 or above. The new law includes a requirement for one (1) year of alcohol rehabilitation, up to one-hundred eighty (180) days in jail instead of ninety-three (93) days and fines of at least $200.00 to a maximum of $700.00. Further, a one (1) year driver license suspension is imposed if convicted under the new law. The first 45 days of this suspension is a “hard” suspension, meaning no driving is allowed. During the remaining 320 days, the offender is entitled to restricted driving privileges, but only if the offender pays to have a breath alcohol ignition interlock device (“Ignition Interlock”) installed on their car. Ignition Interlock requires a driver to blow into the device when first starting the car and again within the first five (5) to fifteen (15) minutes. The Ignition Interlock will not allow the car to start if it detects a BAC of .025 or more grams of alcohol per 210 liters of breath. Attempting to operate a car with Ignition Interlock with a BAC over .025 will result in twice the driving restrictions imposed. If a person convicted under the new law is caught driving a vehicle without Ignition Interlock the car will be immobilized for ninety (90) to one hundred eighty (180) days. If the car is immobilized there is an option to install Ignition Interlock, which would suspend the immobilization. The costs of installing Ignition Interlock is approximately $50.00 and the monthly fees can be as high as $100.00 a month.

STATUTORY PENALTIES

1st Offense

"OWI" Operating While Intoxicated:

* 93 days in jail. * $100 to $500 fine
* 360 hours of community service
* 30 Day Driver's License Suspension
* 150 Day Driver's License Restriction
* Six points added to driving record
* $1,000 Driver Responsibility Fee for two years

"OWVI" Operating While Visually Impaired:

* 93 days in jail.
* $100 to $500 fine
* 360 hours of community service
* 90 Day Driver's License Restriction
* Four points added to driving record
* $500.00 Driver Responsibility Fee for two (2) years

2nd Offense

Any combination within SEVEN YEARS:

* five (5) days to one (1) year in jail
* $200.00 to $1,000.00 fine
* Thirty (30) to ninety (90) days Community Service
* Driver's License Revocation for a MINIMUM of one (1) year
* License Plate Confiscation
* Possible Vehcle Forefeiture
* Vehicle Immobilization ninety (90) to one hundred eighty (180) days
* Six (6) points on Driver's Record
* $1,000 Driver Responsibility Fee for two (2) years

3rd Offense

Any combination within lifetime (FELONY):

* One (1) to Five (5) years in Prison
* $500.00 to $5,000.00 fine
* Sixty (60) days to one hundred eighty (180) days Community Service
* Driver's License Revocation up to Five (5) years (See Driver's License Restoration)
* License Plate Confiscation
* Possible Vehcle Forefeiture
* Vehicle Immobilization One (1) to Three (3) years
* Six (6) points on Driver's Record
* $1,000 Driver Responsibility Fee for two (2) years

Disclaimer

The information on this website is for general information purposes only. Nothing on this or associated pages or documents should be taken as legal advice for any case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute an attorney-client relationship.