Michigan Criminal Charges and OWVI/OWI Penalties

Operating While Intoxicated (OWI) – Under the Influence of alcoholic liquor, or .08 or greater
• 93 days
• Fines: $100 – $500
• Community Service 360 hours (45 days)
• May order ignition interlock during probation
• Discretionary Vehicle Immobilization

Operating While Intoxicated (OWI) – Second (2nd) Offense
• Jail: 5 Days – 1 Year
• Fines: $200 – $1000
• Community Service of not less than 30 days or not more than 90 days
• May order ignition interlock during probation
• Mandatory Vehicle Immobilization

Operating While Intoxicated (OWI) – Third (3rd) Offense
• Prison: Not less than 1 Year or more than 5 years
• Probation with Jail not less than 30 days nor more than 1 year
• Fines: $500 – $5000
• Community Service of not less than 60 days or not more than 180 days
• May order ignition interlock during probation
• Mandatory Vehicle Immobilization

Allowing a Person to operate a motor vehicle while intoxicated or BAC of over .08.
• Jail: 93 days
• Fine: $100 – $500

Allowing a Person to operate a motor vehicle while intoxicated or BAC of over .08 that causes a death.
• Prison: Up to 5 years
• Fine: $1500 – $10,000

Allowing a Person to operate a motor vehicle while intoxicated or BAC of over .08 that causes serious injury.
• Prison: Up to 2 years
• Fine: $100 – $5000

Operating While Impaired (OWVI) – No BAC Presumptions
• 93 days
• Fines: up to $300
• Community Service 360 hours (45 days)
• Discretionary Vehicle Immobilization

Operating While Impaired (OWVI) – Second (2nd) Offense
• Jail: 5 Days – 1 Year
• Fines: $200 – $1000
• Community Service of not less than 30 days or not more than 90 days
• Mandatory Vehicle Immobilization

Operating While Impaired (OWVI) – Second (3rd) Offense
• Prison: Not less than 1 Year or more than 5 years
• Probation with Jail not less than 30 days nor more than 1 year
• Fines: $500 – $5000
• Community Service of not less than 60 days or not more than 180 days
• Mandatory Vehicle Immobilization

OWI Causing Death – Also included impaired and Schedule One drugs
• 15 Years Prison
• Fines: $2,500 – $10,000
• Mandatory Vehicle Immobilization

Change in Sentencing Guidelines

OWI Causing Death of Police / Firefighter (violation of 257.653a)
Also included impaired and Schedule One drugs
• 20 Years Prison
• Fines: $2,500 – $10,000
• Mandatory Vehicle Immobilization
Change in Sentencing Guidelines

OWI Causing Serious Injury
Also included impaired and Schedule One drugs
• 5 Years
• Fines: $1000 – $5000
• Mandatory Vehicle Immobilization

Operating Under the Influence of Intoxication Liquor (OUIL) By Minor (.02 BAC)
• Fines: $100 – $500
• Community Service 360 hours (45 days)

Child Endangerment
• Jail: 5 Days – 1 Year
• Fines: $200 – $1000
• Community Service of not less than 30 days or not more than 90 days
• Mandatory Vehicle Immobilization

Child Endangerment, Second (2nd Offense)
• Prison: Not less than 1 Year or more than 5 years
• Probation with Jail not less than 30 days nor more than 1 year
• Fines: $500 – $5000
• Community Service of not less than 60 days or not more than 180 days
• Mandatory Vehicle Immobilization

Operating with Schedule One Controlled Substances and Cocaine
Same Penalty as OWI
• 93 days
• Fines: up to $300
• Community Service 360 hours (45 days)
• Discretionary Vehicle Immobilization

Operating with Schedule One Controlled Substances and Cocaine,
Second (2nd) Offense Same Penalty as MI OWI, (2nd) Second Offense
• Jail: 5 Days – 1 Year
• Fines: $200 – $1000
• Community Service of not less than 30 days or not more than 90 days
• Mandatory Vehicle Immobilization

Operating with Schedule One Controlled Substances and Cocaine,
Third (3rd) Offense Same Penalty as MI OWI (3rd) Third Offense
• Prison: Not less than 1 Year or more than 5 years
• Probation with Jail not less than 30 days nor more than 1 year
• Fines: $500 – $5000
• Community Service of not less than 60 days or not more than 180 days
• Mandatory Vehicle Immobilization