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Is A DUI A Felony – What You Need To Know

Is A DUI A Felony in Michigan?

Michigan DUI and DWI Laws – Penalties For First, Second, Third Offenses

According to statistics, about 33% of all traffic fatalities in Michigan are caused by a drunk driver or drunk driving. This is the main reason why the Michigan DUI and DWI laws are unwavering, and the Michigan state laws penalties are severe.  Those convicted of drunk driving or misdemeanor DUI (driving under the influence) in Michigan may face numerous penalties depending on a number of factors. Penalties may include jail time, substantial amounts of fines and suspension of your driver’s license. If you or someone you know have been arrested for a misdemeanor DUI or DWI violation or any other related offense, it is very important to talk with a defense lawyer as soon as possible.

Michigan DUI Law

In Michigan, the prosecutors may charge a person with one of the three specific driving under the influence offenses – OWVI, UBAC/UBAL and OWI.

Operating While Visibly Impaired (OWVI): Penalties include fines, jail time and possibility of community service if found guilty of the violation.

Unlawful Bodily Alcohol Content/Level (UBAC/UBAL): Same penalties with OWVI. The only difference is that, in this offense wherein the blood alcohol concentration or blood alcohol content is very high, you will be REQUIRED to perform community service.

Operating While Intoxicated (OWI): This is the most common offense whereas the the accused will be served with similar penalties as above if convicted.

Michigan DUI/DWI Penalties

The Michigan driving under the influence laws increases in severity for multiple offenses. Check out the breakdown of the fines and penalties that an individual can receive for each offense starting from misdemeanor DUI to felony DUI conviction.

OWI

First Offense – up to 93 days in jail, fines of $100 to $500, 360 hours (45 days) community service, vehicle immobilization at the court’s discretion, possible ignition interlock device during probation.

Second Offense – jail time of 5 days to one year, fines of $200 to $1,000, minimum 30 days community service (maximum 90 days), possible ignition interlock device during probation, mandatory vehicle immobilization.

Third Offense – prison time of one to five years, fines of $500 to $5,000, minimum 30 days probation with jail (maximum of one year), minimum 60 days community service (maximum 180 days), possible ignition interlock device during probation, mandatory vehicle immobilization. Sometimes called as felony DUI.

OWVI

First Offense – up to 93 days in jail, fines of up to $300, 360 hours (45 days) community service, vehicle immobilization at the court’s discretion.

Second Offense – jail time of 5 days to one year, fines of $200 to $1,000, minimum 30 days community service (maximum 90 days), mandatory vehicle immobilization.

Third Offense – prison time of one to five years, fines of $500 to $5,000, minimum 30 days probation with jail (maximum one year), minimum 60 days community service (maximum 180 days), mandatory vehicle immobilization. Also sometimes categorized as felony DUI.

UBAC/UBAL

First Offense – up to 93 days in jail, 360 hours (45 days) community service, fines of up to $500.

Second Offense – up to one year in jail, fines of up to $1,000, 360 hours (45 days) community service.

There’s also a separate and much severe penalties for drunk driving offense that caused injury or death. Some of these penalties are as follows:

OWI Causing Death – 15 years jail time, fines of $2,500 to $10,000, mandatory vehicle immobilization. Also sometimes categorized as felony DUI conviction.

OWI Causing Serious Injury – 5 years jail time, fines of $1,000 to $5,000, mandatory vehicle immobilization.  Also sometimes categorized as felony DUI conviction.

Driver’s License Suspension

Every DUI crime and moreso the felony DUI is penalized with driver’s license suspension. For first time offenders, your license will be suspended for 30 days followed by 150 days of restricted driving privileges.

If you or someone you know is arrested for a DUI or DWI and charged with felony, it’s very important that you talk with Michigan DUI lawyers or DWI attorneys as soon as possible. Attorney Nicole Blank Becker will thoroughly and completely represent your rights regardless of your alleged crime or background. She will provide you with the best, individualized and personalized attention that you and your case deserves.

3150 Livernois Rd. Suite 126
Troy, MI 48083
(248) 515-6583
law@nicoleblankbecker.com

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We serve the following counties: Macomb County, Oakland County, Wayne County, Washtenaw County, Ingham County, Lapeer County, Genesee County, Livingston County, etc.

We serve the following cities: Center Line, Eastpointe, Fraser, Grosse Pointe Shores, Memphis, Mount Clemens, New Baltimore, Richmond, Roseville, St. Clair Shores, Sterling Heights, Utica, Warren, Auburn Hills, Berkley, Birmingham, Bloomfield Hills, Clarkston, Clawson, Farmington, Farmington Hills, Fenton, Ferndale, Hazel Park, Huntington Woods, Keego Harbor, Lake Angelus, Lathrup Village, Madison Heights, Northville, Novi Oak Park, Orchard Lake Village, Pleasant Ridge, Pontiac, Rochester, Rochester Hills, Royal Oak, South Lyon, Southfield Sylvan Lake, Troy, Walled Lake, Wixom, Allen Park, Belleville, Dearborn Heights, Dearborn, Detroit, Ecorse, Flat Rock, Garden City, Gibraltar, Grosse Pointe, Grosse Pointe Farms, Grosse Pointe Park, Grosse Pointe Shores, Grosse Pointe Woods, Hamtramck, Harper Woods, Highland Park, Inkster, Lincoln Park, Livonia, Melvindale, Northville, Plymouth, River Rouge, Riverview, Rockwood, Romulus, Southgate, Taylor, Trenton, Wayne, Westland, Woodhaven and Wyandotte.


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