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Detroit Legal Blog

Will I Go to Jail for a DUI in Michigan?

Oct 29, 2018, by Maurice Davis in Criminal Defense, OWI, Traffic
dui handcuffs driving alcohol

A DUI is a serious offense in Michigan. Often it can lead to charges including fines, mandatory alcohol rehabilitation programs, and confiscation of your driver’s license. It may even include some time jail, depending on the seriousness of the sentence. Consulting a Michigan DUI attorney right after your arrest may help you learn more about the arraignment process and whether or not you will be looking at jail time.
If you’ve been charged with a DUI and you’re wondering what is going to happen to you, it may be a good time to contact an experienced Michigan DUI lawyer at Davis Law Group. Our team will review your case and get started on preparing your defense immediately. Contact us today at (313) 818-3238 to schedule a free, initial consultation. We have experience handling DUI cases in Detroit, Flint, Port Huron, Southfield, and more.

Jail for First Time Offenders

According to Michigan law, anyone who is charged with a DUI (that is, driving with a blood alcohol content of 0.08 or more) could receive up to 93 days in jail as part of their sentence. But first time offenders rarely get jail time. Instead, a first time offenders often pay a fine of up to $500 and may be sentenced to community service.
While it is unlikely you will get jail time for your first DUI, it is not impossible. Drivers with a BAC well above the legal limit, or those who have caused an accident that resulted in the injury or death of another person are more likely to go to jail, even for a first offense.

Incarceration for Repeat Offenders

Those who violate Michigan’s DUI laws repeatedly are more likely to go to jail. In fact, if you are charged with a second DUI, no matter how much time has passed between the new charges and your first DUI, the court could send you to jail for anywhere from five days up to one year. If you’ve had two or more convictions, you’re looking at jail time for a year or up to five years. A third DUI within a person’s lifetime is considered a felonious offense.

Jail in Special Circumstances for a DUI

As stated above, the amount of jail time you could receive depends on the circumstance of your case. Michigan will dole out the following punishments for more severe DUIs:

High BAC Crime

A BAC of .17 or more is known as a “high BAC crime,” and can result in 180 days in jail

Felony DUIs

A felony DUI charge occurs when a person is charged with their third DUI, or when they have an accident while under the influence of drugs or alcohol, and their accident results in the injury or death of another person. Felony charges result in a sentence to be served at a state prison, not a jail.

  • If you injure another person, you could be sent to prison for up to five years.
  • If you cause the death of another person, you could receive up to 15 years in prison.
  • If you cause the death of a firefighter, police officer, or other first responder, you’re facing a prison sentence of up to 20 years.

Don’t Wait: Call a Michigan DUI Lawyer Right Away

The time in between your DUI charge and your arraignment usually isn’t very long. That’s why it’s imperative that you contact a DUI lawyer right away. The sooner you make contact, the sooner your attorney can begin working on your case. The DUI lawyers at Davis Law Group have both extensive knowledge of Michigan’s DUI laws as well as experience in the courtroom. Our professional legal team holds experience handling DUI cases in Detroit, Flint, Port Huron, Southfield, and more. We understand that a DUI can be troublesome, but it does not have to end in jail time. Once we speak with you, we can begin building a defense to achieve your best possible outcome. You can schedule a free consultation with one of our experienced attorneys by calling (313) 818-3238 or using our online contact form.