Resume | Contact Us | Free E-Mail Case Analysis

Thomas J. Tomko and Associates, P.C.
Serving Michigan's Macomb, Oakland, St. Clair, and Wayne Counties For Over 15 Years

Home > DUI and Drunk Driving > Penalties For Drunk Driving

Penalties For Drunk Driving

The penalties for Drunk Driving can be severe, and increase for repeat offenders. A conviction can result in jail time and will affect your right to drive a vehicle. Contact your attorney at The Law Offices of THOMAS J. TOMKO and Associates, P.C. by calling 586-795-8822 (Macomb or St. Clair), or 248-656-7722 (Oakland or Wayne), or request a Free E-Mail Case Analysis to find out the applicable penalties in your case.

In Michigan, the drinking and driving laws have changed over the years. The most significant changes in the recent past came into effect on October 1, 1999. Since then, persons charged with drinking and driving face the following maximum penalties from the Court:

	OUIL/UBAC/OUID MCL 257.625(1)	OWI MCL 357.625(3)	Zero Tolerance MCL 257.625(6)
1st offense	Misdemeanor	Misdemeanor	Misdemeanor
	Fines: $100 to $500	Fines: $0 to $300	Fines: Up to $250
	Jail: Up to 93 days	Jail: Up to 93 days	Jail: None
	Community Service: Up to 45 days	Community Service: Up to 45 days	Community Service: Up to 45 days
	Probation: Up to 2 yrs	Probation: Up to 2 yrs	Probation: Up to 2 yrs
	Vehicle Immob: Up to 180 days	Vehicle Immob: Up to 180 days	Vehicle Immob: None

2nd Offense (e.g. one prior MCL 257.625 or MCL 257.653(a) (4) offense occurring within 7 years of the new offense)	Misdemeanor	Misdemeanor	Misdemeanor
	Fines: $200 to $1000	Fines: $200 to $1000	Fines: Up to 93 days
	Jail: 5 days to 1 year	Jail: 5 days to 1 year	Jail: Up to 93 days
	Community Service: 30 to 90 days	Community Service: 30 to 90 days	Community Service: Up to 60 days
	Probation: Up to 2 yrs	Probation: Up to 2 yrs	Probation: Up to 2 yrs
	Vehicle Immobilization minimum of 90 and up to 180 days, unless forfeit	Vehicle Immobilization minimum of 90 and up to 180 days, unless forfeit	Vehicle Immobilization None (however, forfeit 1-3 years if prior MCL 257.653a3 conviction)
	Vehicle Forfeiture: available in discretion of Court	Vehicle Forfeiture: available in discretion of Court
	License Plate: required to be confiscated	License Plate: required to be confiscated

3rd Offense (e.g. two prior MCL 257.625 or MCL 257.653(a)(4) offense occurring within 10 years of the new offense)	Felony	Felony	Not Applicable
	Fines: $500 to $5000	Fines: $500 to $5000
	Jail: 1 year to 5 years	Jail: 1 year to 5 years
	Community Service: 60 to 180 days	Community Service: 60 to 180 days
	(Possibility for probation with 30 days to 1 year in jail)	(Possibility for probation with 30 days to 1 year in jail)
	Probation: Up to 5 years	Probation: Up to 5 years
	Vehicle Immobilization minimum of 1 year and up to 3 years, unless forfeit	Vehicle Immobilization minimum of 1 year and up to 3 years, unless forfeit
	Vehicle Forfeiture: available in discretion of Court	Vehicle Forfeiture: available in discretion of Court
	License Plate: required to be confiscated	License Plate: required to be confiscated

Even for a 1st offense, there are different actual penalties expected in each Court. They range from: Probation and fines only, ...to probation, community service, and the Weekend-First-Offender's Program, ...to visiting the County Morgue, ...to probation and some time in jail followed by Probation. As a person gets multiple offenses, the actual penalties can vary even more. Contact your attorney at The Law Offices of THOMAS J. TOMKO and Associates, P.C. by calling 586-795-8822 (Macomb or St. Clair), or 248-656-7722 (Oakland or Wayne), or request a Free E-Mail Case Analysis to find out the applicable penalties in your case.