Penalties for a Michigan OWVI Conviction
A Michigan OWVI charge can be a misdemeanor or a felony offense, depending on the circumstances. Penalties increase with additional convictions, and can include up years in prison in some instances.
Penalties also depend on how an individual judge approaches your case. A recent Michigan Supreme Court decision said that judges should have the ability to determine “reasonable” penalties for a conviction, instead of having the state Legislature decide penalties by writing them into statutes. If you’ve been charged with OWVI, an experienced Michigan criminal defense attorney can talk to you about possible outcomes.
Under Section 257.625 of the Michigan Vehicle Code, the statutory penalties for an OWVI conviction may include:
First Offense
The first time you’re convicted for OWVI in Michigan, it’s a misdemeanor offense. Your sentence and other penalties may include:
- A jail sentence of up to 93 days
- A fine of up to $300
- Community service of up to 360 hours
- Restriction of your driver’s license for up to 90 days
- Four points on your driver’s license
- Your car being immobilized
Second Offense
When you get a second conviction for OWVI, Michigan treats that as a more serious misdemeanor. The possible sentence and other penalties may include:
- Up to 1 year in jail, with a minimum mandatory 5-day sentence
- A fine of up to $1,000
- Community service up to 90 days
- Your driver’s license being revoked for at least 1 year, or 5 years if you had a prior revocation within the preceding 7 years
- Your license plate being confiscated
- Your vehicle being immobilized or forfeited
- Four points on your driver’s license
Third or Subsequent Offense
If you are charged with OWVI and have at least two prior convictions for any type of OWI, or certain other offenses, your OWVI conviction can be a felony. The possible sentence and other penalties may include:
- A prison sentence of 1 to 5 years
- Probation plus a jail sentence of 30 days to 1 year
- A fine of up to $5,000
- Community service up to 180 days
- Your driver’s license being revoked for at least 1 year if you have two prior convictions in the past 7 years or three convictions within 10 years; or for at least 5 years if your license has been revoked at least once in the past 7 years
- Your vehicle being immobilized or forfeited
- Your license plate being confiscated
- Your vehicle registration being denied
- Four points on your driver’s license
Defending Your Michigan OWVI Charge
When you’re facing an OWVI charge in Michigan, in order to convict you a prosecutor must be able to prove beyond a reasonable doubt that you operated a motor vehicle in a way that an ordinary person could interpret as your being impaired. OWVI charges inherently rely on witness testimony, but witness testimony often can be fallible. Witness testimony is subjective — and study after study shows that witnesses often can make mistakes or believe they’ve seen something that they didn’t actually see.
A skilled Michigan OWI lawyer can examine the testimony that the prosecutor is using against you and spot the problems, flaws, and inconsistencies that might help you fight your charge. An experienced defense lawyer also knows the courts where your charge is pending, and how the process works. That knowledge can be used in your favor to try to get your charge dismissed or your penalties reduced.
Charged with an OWVI? Contact us today.
Your initial consultation will always be free and confidential. Call (313) 818-3238 today or fill out the form below and we will help you.
