When a driver is first arrested, he or she is required to stay in jail from 4 to 24 hours, depending on the blood alcohol level. Then, they will be arraigned to determine bond.

Michigan is a “0.07" State, meaning that any breath alcohol level over a 0.07 is a punishable criminal offense. Penalties vary depending upon whether you are a first offender, as well as the specifics of the situation, such as the actual blood alcohol content at arrest. Penalties include anything from fines, probation, driver license sanctions, and even car forfeiture and imprisonment. The penalties increase based on breath alcohol level and circumstances for the particular offense.

CONSEQUENCES OF A First CONVICTION OF DRINKING/DRIVING OFFENSE IN MICHIGAN

A. Criminal Penalties for Conviction of Operating Under the Influence of Liquor (OUIL), Unlawful Bodily Alcohol Content (UBAC), and Operating While Visibly Impaired (OWI) OFFENSE OUIL, UBAC First Offense- $100.00 to $500.00 fine plus costs. Up to 93 days jail and up to 45 days of Community Service. OWI - First Offense Up to $300.00 fine plus costs. Up to 93 days jail and up to 45 days of Community Service

B. Screening and Additional Costs. All convictions for alcohol related driving offenses require the judge to order the defendant to undergo screening for substance abuse, and rehabilitation may be part of any sentence, all at defendant's expense. [MCL 257.625b(5)] In addition, the defendant may be ordered to pay the costs of prosecution. [MCL 257.625(12) ]

C. License Suspensions and Restrictions. The maximum possible license sanctions that may be imposed will be based upon the master driving record maintained by the Secretary of State under MCL 257.204. [MCL 257.625b(4)]Sentences and licensing actions also apply to a person convicted of an attempted violation of any of the offenses listed above as if the offense had been completed. [MCL 257.204(b)]. Anyone driving while license suspended or revoked is also subject to license suspension or revocation for a like period of the original suspension or revocation.

There are three distinct drunk driving offenses in Michigan:

Operating under the influence of intoxicating liquor (OUIL),
Driving with an unlawful bodily alcohol level/content (UBAL/UBAC), and
Operating while impaired (OWI).
Of these, OWI is the least serious and most common offense. It is relatively easy for prosecutors to prove.

First offense impaired (Operating While Visibly Impaired-OWI) is a misdemeanor violation. Upon conviction or guilty plea, OWI results in up to 93 days in jail, up to $300 fine, and 45 days of community service, plus a 90 day restriction of license (to and from and during work, treatment, probation, community service and support groups). A $125 reinstatement fee is due at the end of restriction. Failure to do so will cause the license to be suspended.

Fines and costs, are dependent on the individual court, are imposed, as is alcohol education.

If you refused to take a breath, blood or urine test after being arrested for DWI / UBAL / OUIL / OWI or another drinking related charge in Michigan, your license may be at risk of being suspended, if you do not demand an administrative hearing within 14 business days after your arrest.

First offense intoxicated (Operating While Under the Influence of Intoxicating Liquor-OUIL) is a misdemeanor violation, with no license whatsoever available for the first 30 days. Thereafter, a restricted license (to and from and during work, treatment, probation,