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)
|