Drunk Driving in Michigan

These are the most common drinking and driving offenses. While the technical legal differences between the two are slight, the real world ramifications between OWI and OWVI are very real. Operating While Intoxicated means that you are driving your vehicle and you have a BAC of over 0.08. Operating While Visibly Impaired has nothing to do with your BAC, rather the charge is based on how the substance in question is effecting your ability to operate a vehicle. The first offense for either crime is a 93 day misdemeanor. The second offense for either crime is a 1 year misdemeanor, with a requirement that you spend no less than 5 days in jail. Punishment for first and second offenses are also accompanied by community service requirements as well as costs and fees that The third offense for either crime is a felony, punishable by up to 5 years in prison, with a requirement that you serve a minimum of 30 days in jail. The third offense for either crime is a felony, requiring you to serve a minimum of no less than 30 days to 1 year, and is punishable by up to 5 years in prison.

While the criminal punishments for these drunk driving offenses appear similar, the license sanctions differ tremendously.

Your first OWI conviction means that you will have to pay driver responsibility fees to the Secretary of State of $1,000 for two years, your license will be suspended for 30 days, and you will earn 6 points on your driving record. Your first OWVI conviction carries fees of only $500 per year, a 90 restricted license, and only 4 points will go on your driving record.