• State Penal Code –  Vehicle Code Sections 257.625 to 257.626c
• Open Container Laws – Yes
• Repeat Offender Laws – Yes
• Check Points – None
• Alcohol Exclusion Laws Limiting Treatment – Yes

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in Michigan are:

1st Refusal

• 1 year license revocation

2nd Refusal

• 2 year license revocation

3rd Refusal

• 2 year license revocation

• In Michigan the lookback period is 7 years
• Any arrest for DUI/DWI within 7 years of your first offense results in higher penalties

• Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
• A BAC of .08% and above will result in the same penalties as drivers 21 and over

1st Offense

• 30 day license suspension

• $250 fine
• 360 hours Community Service
• $500 annual driver responsibility fee for 2 years ($1000 total)

2nd Offense

• 90 day license suspension
• $500 fine
• 60 days Community Service
• Prison (93 day maximum)
• $500 annual driver responsibility fee for 2 years ($1000 total)

1st Offense

• 180 day license suspension (maximum)

• $500 fine (maximum)

• Prison (93 day maximum sentence)

2nd Offense

• 1 year license revocation

• $500 fine (maximum)

• Prison (5 day minimum, 1 year maximum)
• Probation (length determined at judges discretion)
• 30-90 days Community Service
• Installation of Ignition Interlock Device

1st Offense

• 1 year license suspension (maximum)

• $500 – $700 fine

• Prison (180 day maximum)
• Installation of Ignition Interlock Device

2nd Offense

• mandatory 1 year license revocation

• $1000 fine (maximum)

• Prison (1 year maximum)
• 90 days Community Service
• Installation of Ignition Interlock Device

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• Accordingly, their BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
• An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
• A second DUI conviction in a passenger or commercial vehicle will result in a 10 year CDL revocation

• SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
• Most, but not all states have SR-22 statutes
• In Michigan an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
• You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
• Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

• Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
• Michigan does allow for plea bargains in DUI/DWI cases
• It can only be pleaded down to reckless driving
• This allows you to avoid a criminal record
• Any subsequent DUI/DWI arrests within the look-back period will reverse the original plea bargain
• The reckless driving will revert back to a full DUI/DWI conviction and lead to enhanced penalties in this case
• This plea bargain is typically only allowed for first time offenders with no aggravating factors involved