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

---

Order the Book 

DUI Defense Videos

Latest Articles 

What You Need To Know About The Implied Consent Law

Sleeping In Your Car, But Still Charged With A DUI?

DUI Blood Results And What They Mean For Your Case

The Ins And Outs of ETG & PBT Court Ordered Tests

How To Beat The Field Sobriety Tests In Court

What Is Sobriety Court, And Is It An Option For My Case?

What Are The Consequences & Penalties for a Super Drunk DUI?

How To Beat Your DUI If You Weren't The Driver That Night

How To Cross-Exam The Datamaster Operator At Trial, And Win Your Case

Will I Lose Custody Of My Children For A DUI In Michigan?

---

---

---

---

---

---

Win Your Trial: How To Voir Dire in a DUI Case

Should Your Have A Jury Or A Bench DUI Trial?

What's The Legal Limit For Someone Under 21 If Arrested For A DUI?

What Does The PBT Mean For My Case?

What Are The Driver's License Sanctions For Impaired Driving? 

---

Are Your Allowed To Re-Test Your Blood?