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

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?

    Tell Me About Your DUI Arrest

Ann Arbor Office Location

Plymouth Office Location

Representing DUI Clients in Michigan

Representing clients charged with a DUI in Ann Arbor, Canton, Brighton, Howell, Saline, Adrian, Taylor, Plymouth, Northville, Westland, Ypsilanti, Pittsfield Towsnhip, Warren, Sterling Heights, Farmington, Pontiac, Romulus, Lansing, Novi, South Lyon, Southfield, Birmingham, Bloomfield Hills, Royal Oak, Troy, Rochester, Jackson, East Lansing, Garden City, Livonia, Dearborn, Detroit, St Clair Shores, Hazel Park, Ferndale, Madison Heights, Waterford, Milford, Shelby Township Clarkston, Oak Park, Berkley, Fraser, Sterling Heights, Clinton Township and others throughout Washtenaw, Wayne, Monroe, Jackson, Genesee, Macomb, Ingham, Lenawee, Livingston and Oakland County. ​