DUI Law in Michigan

What is ‘legally drunk’ in Michigan

In Michigan, drivers less than 21 years are considered to be legally drunk if their blood alcohol level is more than .02, for non-commercial drivers above 21 years, they are legally drunk when their blood alcohol level is more than .08. Commercial vehicle drivers are considered legally drunk when their blood alcohol level is more than .04. School bus drivers are commercial drivers, under Michigan law.

Michigan Drunk Driving Penalties

For first time DUI offenders in Michigan, they face the following penalties:

• A prison sentence of not more than 93 days
• The offender will be subjected to pay a fine ranging from $100 to $500
• The offender will also have to do community service of up to 360 hours
• The suspension period for the offender’s driver’s license is six months

 
For second time offenders within 7 years of their previous offense, they face:

• A prison sentence of not more than 1 year
• The offender will be subjected to pay a fine ranging from $200 to $1,000
• The offender will also have to do community service of 1 month to 3 months
• The offender’s driver’s license will be revoked
• The offender  may or may not be issued with new license for one or five years depending on the circumstances of the violation

 
For those who commit a third or subsequent offence within ten years of their first conviction, they face the following penalties:

• A prison sentence of 1 to 5 years
• Probation with detention in a county jail for 1 month to 12 months
• Community service of 2 months to 6 months
• The offender’s driver’s license will be revoked.
• The offender may or may not be issued with a new license for 1 to five years depending on the circumstances of the violation

 
For commercial vehicle drivers, first time offender are disqualified from driving a commercial vehicle for a period of 1 year. However, if at the time of the offence the driver was transporting hazardous material then he/she will be disqualified for 3 years. For a second time conviction the driver will be disqualified to operate a commercial vehicle for life.

The Point System in Michigan

In Michigan, Traffic violations are generally scored on a points system. The worse the violation, the more points you get. For a DUI offense, manslaughter, No identification, refusal to take chemical test, fleeing arrest, failure to have identification you get six points.