Penalties for DWI in Michigan

VIOLATION MINIMUM SENTENCE MAXIMUM SENTENCE DRIVER'S LICENSE VEHICLE IMPOUND/SALE*** PROGRAM REQUIRED****
1. VC 23152(a), (b), (c) A. 1st Conviction Without Probation: 96 hours and $390 (additional 48 hrs with proven allegation of refusal of chemical test) FINE: $1,000 JAIL**: 6 months SUSPEND: 6 months (1 year if under age 21 at time of offense) 1 to 30 days No
" With Probation*: 48 hours and $390 (additional 48 hrs with proven allegation of refusal of chemical test) FINE: $1,000 JAIL**: 6 months SUSPENDED: 6 months (1 year if under age 21 at time of offense) 1 to 30 days yes
" With Probation*: $390 (additional 48 hrs with proven allegation of refusal of chemical test) FINE: $1,000 JAIL**: 6 months SUSPEND: 6 months (1 year if under age 21 at time of offense) RESTRICT: 90 days (with proof of insurance provided to DMV and maintained for 3 years) 1 to 30 days yes
B. 2nd Conviction in 7 years. May be alleged as separate violations for 7 yrs: VC 23152, 23153, or 23103 per 23103.5 Without Probation: 90 days and $390 (additional 96 hrs with proven allegation of refusal of chemical test) FINE: $1,000 JAIL**: 1 year SUSPEND: 18 months 1 day min; 30 days max No
" With Probation*: 10 days and $390 (additional 96 hrs with proven allegation of refusal of chemical test) FINE: $1,000 JAIL**: 1 year SUSPENDED: 18 months (additional 6 mos with proven allegation of refusal of chemical test) 1 day min; 30 days max No
" With Probation*: 48 hours and $390 (additional 96 hrs with proven allegation of refusal of chemical test) FINE: $1,000 JAIL**: 1 year SUSPENDED:1 year if under age 21 at time of offense - RESTRICT: 1 Year (with proof of insurance provided to DMV and maintained for 3 years) 1 day min; 30 days max yes
B. 3rd Conviction in 7 years. May be alleged as separate violations for 7 yrs: VC 23152, 23153, or 23103 per 23103.5 Without Probation: 120 days and $390 (additional 10 days with proven allegation of refusal of chemical test) FINE: $1,000 JAIL**: 1 year REVOKE: 3 years (surrender license to court; court to designate defendant an habitual traffic offender per VC 23170) 1 day min; 90 days max - Vehicle may be sold No
" With Probation*: 120 days and $390 (additional 10 days with proven allegation of refusal of chemical test) FINE: $1,000 JAIL**: 1 year REVOKE: 3 years (surrender license to court; court to designate defendant an habitual traffic offender per VC 23170) 1 day min; 90 days max - Vehicle may be sold Yes
B. 4th or Subsequent Conviction in 7 years. May be alleged as separate violations for 7 yrs: VC 23152, 23153, or 23103 per 23103.5 May be charged as felony Without Probation: 180 days and $390 (additional 18 days with proven allegation of refusal of chemical test) FINE: $1,000 JAIL**: 3 years State Prison REVOKE: 4 years (surrender license to court; court to designate defendant an habitual traffic offender per VC 23170) 1 day min; 90 days max - Vehicle may be sold No
" With Probation*: 180 days and $390 (additional 18 days with proven allegation of refusal of chemical test) FINE: $1,000 JAIL**: 1 year REVOKE: 4 years (surrender license to court; court to designate defendant an habitual traffic offender per VC 23170) 1 day min; 90 days max - Vehicle may be sold Yes

* WITH PROBATION Min 3 yr term, max 5 yr term per VC 23206(b)
** JAIL (or state prison upon felony conviction)
*** VEHICLE IMPOUND/SALE (if registered to defendant VC 23195)
**** PROGRAM REQUIRED (Driver improvement, alcohol or drug treatment or both, may include community service)