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Michigan DUI/DWI/OUI Penalties

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Michigan DUI/DWI/OUI Penalties


Implied Consent Laws

Blood-Alcohol Concentration

Zero Tolerance Blood Alcohol Concentration

Enhanced Penalty Blood Alcohol Concentration

Administrative License Suspension/Revocation Penalties

Vehicle Confiscation

Ignition Interlock

Mandatory Alcohol Education and Assessment/Treatment



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Implied Consent Laws


Laws demand drivers suspected of driving under the influence to compromise to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Rebuttal carries penalties that can include mandatory suspension of a driving license for up to a year.

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Blood-Alcohol Concentration

In Michigan, any driver with a blood-alcohol absorption - or BAC - above .08 percent is considered “per se intoxicated” under the law. Under this statute, this verification is all that is required for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).

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Zero Tolerance Blood-Alcohol Concentration

In all states, “zero tolerance laws” focal point on drivers not of legal drinking age. In Michigan, persons under the age of 21 operating a vehicle with a .02 percent blood-alcohol level or over are subject to DUI penalties.

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Enhanced Penalty Blood-Alcohol Concentration

In some states there is a more strict punishment for those convicted of DUI with a particularly high blood-alcohol content at the instance of arrest; this is typically .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilised in Michigan.

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Administrative License Suspension/Revocation Penalties

These penalties are minimum mandatory penalties obligatory on drivers with a blood-alcohol concentration above Michigan’s maximum permissible level of .08 percent or drivers subject to the implied consent laws (see above) for declining to submit to breath, blood, or urine testing for blood-alcohol content.

Penalties involve suspension or revocation (meaning temporary or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Michigan, for the original DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.

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Vehicle Confiscation

The consequence of vehicle confiscation for DUI conviction – either undyingly or temporarily - is a chance in some states, typically for repeat offenders. This is not a penalty option in Michigan.

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Ignition Interlock

An ignition interlock device attaches to the condemned DUI offender’s vehicle and requires the driver to perform a breath-test before the vehicle will start. While this penalty for DUI conviction is a prospect in some states, this is not an choice in Michigan.

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Mandatory Alcohol Education and Assessment/Treatment

Alcohol learning and prevention program, treatment for alcohol abuse, and consideration of a person for possible alcohol or drug addiction can be required for DUI offenders in Michigan. These steps are often recommended instead of serving a sentence of incarceration or paying fines.

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