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Impaired Driving in Michigan: An Update


Previously, we have discussed impaired driving or driving under the influence in the State of Michigan. We have discussed the difference between impaired driving and influenced driving in Michigan and defined the crime.

In this article, we provide important facts and updates on the article on impaired driving in Michigan.

What’s the crime?

Michigan’s drunk driving laws can be found in Michigan Compiled Laws 257.625, et. seq. Generally, Michigan state uses Operating While Intoxicated or OWI as the violation. Driving While Intoxicated or DWI is also considered a general term used but OWI is the official designation.

The Impaired Driving Law makes it a crime for a motorist to have a bodily alcohol content (BAC) of 0.08 or greater. And, there is a higher BAC law or “super drunk” with stricter penalties for any individual caught driving with a BAC of 0.17 or higher. 

What are the penalties?

The Michigan Impaired Driving Law has the following penalties depending on the bodily alcohol content (BAC)

  • If BAC is below .17 and this is a first offense for the individual, the penalty can range from up to a $500 fine, up to 93 days in jail, up to 360 hours of community service, up to 180 days of license suspension, and 6 points on a driver’s license;
  • If BAC is .17 or higher and this is a first offense for the individual, the penalty can range from up to a $700 fine, up to 180 days in jail, up to 360 hours of community service, up to one-year license suspension, and 6 points on a driver’s license;
  • The individual who violated the law will also be required to undergo mandatory completion of an alcohol treatment program;

Once convicted, a person who is charged for a violation of the impaired driving law will have limited driving privileges and is prohibited from operating a vehicle without an approved and properly installed ignition interlock device.

If you refuse to take the roadside breathalyzer test, an officer will destroy your driver’s license. Further refusal to comply is punishable with a suspension of up to two years. 

Facts and Updates

According to the Michigan State Police, the following are some updates on the state of impaired driving in Michigan.

  • Based on the latest statistics, alcohol- and drug-related fatalities in the United States is now at 419 fatalities while 985 fatalities vary based on the other causes of accidents. 
  • Some 74963 individuals have sustained injuries out of the 314,377 crashes that occurred in the State.
  • 42.5% of the car crash data in Michigan came from impaired driving causes or by individuals who are driving under the influence of alcohol or drugs.
  • In 2019 alone, 295 people died in Michigan as a result of alcohol-involved traffic crashes, a decrease from 315 in 2018

According to the National Highway Traffic Safety Administration (NHTSA), there are around 10,511 people who lost their lives in traffic crashes because of drivers who are driving under the influence. This number will just keep on getting higher if we do not do our parts when we are driving on the roads.

Do Not Drive While Impaired

Driving while impaired can result in serious injury or death. The consequences may result in steep fines, loss of driving privileges, loss of employment, or imprisonment. If you are charged with a DUI/OUI, you need to contact a criminal defense attorney to protect your legal rights. 


The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the information provided.

Let us help you out

If you have been charged with driving under the influence or operating while intoxicated, then you need a criminal defense lawyer. Call us immediately. We offer free consultations and are on standby to take your call.

The post Impaired Driving in Michigan: An Update appeared first on Haque Legal.

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