Drunk Driving Birmingham Michigan - DUI Attorney
Judge kimberly Small,  Diane D'Agostini Marc Barron  
​48th District Court

First Offense:
Operating While Intoxicated (OWI) or Operating With Any Presence of a Schedule 1 Drug or Cocaine (OWPD)
  • $100 to $500 fine and one or more of the following:
    • Up to 93 days in jail.
    • Up to 360 hours of community service.
  • Driver's license suspension for 30 days, followed by license restrictions for 150 days.
  • Possible vehicle immobilization.
  • Possible ignition interlock.
  • Six points added to driving record.
  • Driver Responsibility Fee:
    • $1,000 for 2 consecutive years for OWI.
    • $500 for 2 consecutive years for OWPD.
High Blood Alcohol Content (BAC of .17 or higher). This is one of the operating while intoxicated crimes, but it has harsher consequences.
  • One or more of the following:
    • Up to 180 days in jail.
    • $200 to $700 fine.
    • Up to 360 hours of community service.
  • Driver's license suspension for 1 year. Eligible for restrictions after 45 days of suspension if an ignition interlock device is installed on all vehicles the offender owns or intends to operate.
  • Possible metal license plate confiscation if the offender operates a vehicle without a properly installed ignition interlock device.
  • Mandatory vehicle immobilization if the offense is subsequently convicted for operating a vehicle without a properly installed ignition interlock device.
  • 6 points added to the offender's driving record.
  • Driver Responsibility Fee of $1000 for 2 consecutive years.
Operating While Visibly Impaired
  • Up to a $300 fine, and one or more of the following:
    • Up to 93 days in jail.
    • Up to 360 hours of community service.
  • Driver's license restrictions for 90 days (180 days if impaired by a controlled substance).
  • Possible vehicle immobilization.
  • 4 points added to the offender's driving record.
  • Driver Responsibility Fee of $500 for 2 consecutive years.
Second Offense within 7 Years (any combination):
Operating While Intoxicated
  • $200 to $1000 fine, and one or more of the following:
    • 5 days to 1 year in jail.
    • 30 to 90 days of community service
  • Driver's license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
  • License plate confiscation.
  • Vehicle immobilization for 90 to 180 days, unless the vehicle is forfeited.
  • Possible vehicle forfeiture.
  • 6 points added to the offender's driving record.
  • Driver Responsibility Fee of $1,000 for 2 consecutive years.
Operating While Visibly Impaired
  • $200 to $1,000 fine, and one or more of the following:
    • 5 days to 1 year in jail.
    • 30 to 90 days of community service.
  • Driver's license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
  • License plate confiscation.
  • Vehicle immobilization for 90 to 180 days unless the vehicle is forfeited.
  • Possible vehicle forfeiture.
  • 4 points added to the offender's driving record.
  • Driver Responsibility Fee of $500 for 2 consecutive years.
Third Offense Within Lifetime (any combination) is a Felony
Operating While Intoxicated
  • $500 to $5,000 fine, and either of the following:
    • 1 to 5 years imprisonment
    • Probation, with 30 days to 1 year in jail.
  • 60 to 180 days community service.
  • Driver's license revocation and denial if there are 2 convictions within 7 years or 3 convictions within 10 years. The minimum period of revocation and denial is 1 year (minimum of 5 years if there was a prior revocation within 7 years).
  • License plate confiscation.
  • Vehicle immobilization for 1 to 3 years, unless the vehicle is forfeited.
  • Possible vehicle forfeiture.
  • Vehicle registration denial.
  • 6 points added to the offender's driving record.
  • Driver Responsibility Fee of $1,000 for 2 consecutive years

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