Operating While Intoxicated:

Posted December 3, 2018

A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within Michigan if the person is operating while intoxicated. MCL 257.625(1).7. As used in MCL 257.625, operating while intoxicated means any of the following:

(a) The person is under the influence of alcoholic liquor, a controlled substance, or other intoxicating substance or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance.

(b) The person has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or, beginning October 1, 2018, the person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(c) The person has an alcohol content of 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.” MCL 257.625(1).

If a person is convicted of violating MCL 257.625(1), all of the following apply:

(a) Except as otherwise provided in MCL 257.625(9)(b) and MCL 257.625(9)(c)8, the person is guilty of a misdemeanor punishable by 1 or more of the following:

(i) Community service for not more than 360 hours.

(ii) Imprisonment for not more than 93 days, or, if the person is convicted of violating MCL 257.625(1)(c), imprisonment for not more than 180 days.

(iii) A fine of not less than $100.00 or more than $500.00, or, if the person is guilty of violating MCL 257.625(1)(c), a fine.

If the violation occurs within 7 years of 1 prior conviction, the person shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and 1 or more of the following:

(i) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of the term of imprisonment imposed under this subparagraph shall be served consecutively.

(ii) Community service for not less than 30 days or more than 90 days.

Operating While Visibly Impaired (OWVI)

Posted November 4, 2018

A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within Michigan when, due to the consumption of alcoholic liquor, a controlled substance, or other intoxicating substance, or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance, the person’s ability to operate the vehicle is visibly impaired. MCL 257.625(3)

If a person is charged with violating MCL 257.625(1), a finding of guilty under MCL 257.625(3) may be rendered. MCL 257.625(3). If a person is convicted of violating MCL 257.625(3), all of the following apply:

(a) Except as otherwise provided, in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by 1 or more of the following:

(i) Community service for not more than 360 hours.

(ii) Imprisonment for not more than 93 days.

(iii) A fine of not more than $300.00.

If the violation occurs within 7 years of 1 prior conviction, the person shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00, and 1 or more of the following:

(i) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of the term of imprisonment imposed under this subparagraph shall be served consecutively.

(ii) Community service for not less than 30 days or more than 90 days.

If the violation occurs after 2 or more prior convictions, regardless of the number of years that have elapsed since any prior conviction, the person is guilty of a felony and shall be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and either of the following:

(i) Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years.

(ii) Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days. Not less than 48 hours of the imprisonment imposed under this subparagraph shall be served consecutively.

A term of imprisonment imposed under subdivisions (b) or (c) shall not be suspended. . . .”

MCL 257.625(11).

Driver Responsibility Fees and Restricted Licenses

Posted October 23, 2018

All driver responsibility fees required to be assessed by the secretary of state under MCL 257.732a for the conviction or convictions that led to the restricted license under MCL 257.304 shall be held in abeyance as follows:

(a) The fees shall be held in abeyance during the time the person has a restricted license under this section and is participating in the DWI/sobriety court program.

(b) At the end of the person’s participation in the DWI/sobriety court program, the driver responsibility fees shall be assessed and paid under the payment schedule described in MCL 257.732a.

MCL 257.304(10).

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