Michigan Drunk Driving Laws

Operating while intoxicated (OWI) of alcohol or drugs is a grave offense with serious consequences. The legal limit for blood alcohol content (BAC) in Michigan is 0.08%. Here’s a simplified breakdown of what you need to know about OWI laws under Michigan Law.

What Constitutes OWI?

OWI laws state that:

• You cannot operate a vehicle if you are under the influence of alcohol, controlled substances, or any intoxicating substances, or a combination thereof. MCL 257.625
• It’s illegal to drive with a BAC of 0.08% or higher. The limit increases to 0.10% five years after certain state certifications, and a high BAC level of 0.17% or more introduces more severe penalties.
• Vehicle owners or those in control of a vehicle must not knowingly allow an intoxicated person to drive.

Possible Penalties for OWI Offenses in Michigan

The penalties for OWI depend on the specifics of the offense and can include:

• For Causing Death: A felony punishable by up to 15 years in prison, fines between $2,500 and $10,000, or both. Enhanced sentences apply for high BAC levels or if the offense involved emergency personnel.
• For Causing Serious Injury: A felony with penalties including up to 5 years in prison, fines from $1,000 to $5,000, or both. Again, enhanced sentences apply for high BAC levels.
• For Minors Operating While Intoxicated: Special regulations apply to individuals under 21 years old, focusing on any detectable BAC level, starting from 0.02%.
• Repeat Offenses: Penalties escalate with prior convictions, making it critical to understand how repeat offenses are evaluated.
• Ignition Interlock Device: Courts may require the installation of an ignition interlock device on vehicles for those convicted of OWI, adding another layer of penalty and prevention.
• License Suspension: One of the most immediate consequences of an OWI is the potential suspension or revocation of your driving license, significantly impacting your mobility and daily life.

What is Considered Open Intoxicants in Vehicles?

A significant aspect of Michigan’s OWI laws includes the handling of open alcoholic containers in vehicles. MCL 257.624a. Since 1991, carrying open containers of alcoholic beverages in the passenger area of a vehicle is prohibited. This law aligns with federal requirements tied to highway funding, underscoring the seriousness with which open intoxicants are treated. However, there are specific conditions under which alcoholic beverages can be transported legally, such as in a locked glove compartment or behind the last upright seat, provided the vehicle lacks a separate trunk. 

Michigan Minor in Possession Laws

Michigan’s approach to underage drinking and driving is equally stringent. The law prohibits those under 21 from transporting or possessing alcoholic liquor in a vehicle unless related to employment. MCL 257.624b. Conviction can lead to misdemeanor charges, community service, and mandatory substance abuse screening and assessment. 

What is the Super Drunk Driving Law?

• Increased Penalties for High BAC Levels: If you’re arrested with a BAC of .17 or higher, you face severe consequences, even as a first offender. Penalties include up to six months in jail, fines ranging from $200 to $700, and up to 360 hours of community service. The law aims to address the higher risk posed by individuals driving with significantly elevated BAC levels.
• Mandatory Substance Abuse Treatment: Conviction under this law requires attendance at substance abuse treatment, Alcoholics Anonymous (AA), or similar support groups for one year. This requirement underscores the law’s focus on addressing the root causes of drunk driving by promoting rehabilitation.
• License Sanctions and Ignition Interlock Devices: Conviction results in a minimum of one year of licensing sanctions, beginning with 45 days of a hard suspension followed by a restricted driver’s license. During the restricted period, an ignition interlock device must be installed in the driver’s vehicle, preventing operation if the driver’s breath alcohol content is .025 or greater.

Common Consequences of OWI Convictions in Michigan

The consequences of a OWI conviction extend far beyond legal penalties. Individuals face significant personal and professional repercussions, from job loss and financial strain to social stigma and emotional distress. The comprehensive approach of Michigan’s OWI laws, including rehabilitation and education programs, aims not only to penalize but also to prevent repeat offenses, underscoring the importance of understanding and complying with these laws.

Get Help Navigating OWI Laws with B. Kizy Law

Facing OWI charges can be a daunting experience, but you don’t have to navigate this challenging time alone. At B. Kizy Law, we are dedicated to providing expert legal guidance and support to help you understand your rights and options under Michigan’s OWI laws. Our experienced team is committed to advocating for the best possible outcome in your case, aiming to minimize the impact on your life and future. Contact us today to learn how we can assist you through every step of this process, ensuring that you’re informed, prepared, and supported from start to finish.