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Potential Penalties

 
CHARGE STATUTORY PENALTIES
OWI (Operating While Intoxicated)

1st Offense with no prior offenses within the past 7 years

(Misdemeanor)
- 180 Days Suspended License;
(Restricted License Available after 30 days)
- Fines Ranging from $100 $500;
- Court Costs;
- Possible Community Service (up to 360 hours);
- Possible Jail Time (up to 93 days);
- Discretionary ignition interlock during probation;
- Discretionary Vehicle Immobilization
OWVI (Operating While Visibly Impaired)

1st Offense with no prior offenses within past 7 years

(Misdemeanor)
- 90 Day Suspended License (alcohol); 180 Days Suspended if offense involved controlled substance;
(Restricted License Available for entire period).
- Fines Ranging from $100 $300;
- Court Costs;
- Possible Community Service (up to 360 hours);
- Possible Jail Time (up to 93 days);
- Discretionary Vehicle Immobilization
2nd OWI

(Second offense within seven years)

(Misdemeanor)
- Minimum 1 year License Revocation;
- Fines Ranging from $200 $1000;
- Court Costs;
- Either Jail Time of 5 days to 1 year or 30-90 days of Community Service;
- License Plate Confiscation;
- Discretionary ignition interlock during probation;
- Mandatory Vehicle Immobilization.
3rd OWI

(Regardless of date of prior offenses)

(Felony)
- 5 Year License Revocation;
- Fines Ranging from $500 $5000;
- Court Costs;
- 1 to 5 years in Prison;
- Probation with 30 -365 days Jail and 60-180 days of Community Service;
- License Plate Confiscation;
- Discretionary ignition interlock during probation;
- Mandatory Vehicle Immobilization
1st Offense Zero Tolerance

(Misdemeanor)
- Community service up to 360 hours
- Fine up to $250.00;
- Court Costs.

(This charges qualifies as a 1st offense under Michigan’s Repeat Offender Law. Thus, an individual with a prior Zero Tolerance conviction within 7 years can be charged with OWI 2nd.)
2nd Offense Zero Tolerance

(Second offense within 7 years)

(Misdemeanor)
- Community service up to 60 days;
- Fine up to $500.00 and/or 93 days in Jail;
- Court Costs.
In addition to the statutory penalties, the court may order alcohol counseling and random drug and alcohol testing as conditions of probation. The specific terms of probation will vary from court-to-court and judge-to-judge

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