Michigan DUI Implied consent – administrative / civil penalty for refusal
- First refusal driver’s license suspension of one year.
- Second or subsequent refusal within seven years driver’s license suspension of two years. M.C.L.A. 257.625f(1)(a).
- Implied consent – criminal penalty for refusal None.
Conviction – administrative / civil penalty (license suspension, use of IID)
- First conviction driver’s license suspended for 180 days.
- Second or subsequent conviction within seven years driver’s license suspended for minimum of one year.
- Third conviction driver’s license revoked.
- The court may order as a condition of probation that a person convicted may not operate a motor vehicle unless that vehicle is equipped with an approved IID. M.C.L.A. § 257.303(2), (4).
Conviction – criminal penalties (jail sentence, fines, community service)
- First conviction misdemeanor; jail sentence up to 93 days; fine of $100-500; community service of up to 360 hours. If convicted of driving while visibly impaired, the fine can be no higher than $300.
- Second conviction within seven years jail sentence of five days to one year; fine of $200-$1,000; community service of 30-90 days.
- Third conviction felony; jail sentence of one to five years; fine of $500-$5,000; community service 60-180 days. M.C.L.A. 257.625(9), (11).
- Enhanced criminal penalties for causing the death of another person or causing serious impairment of a bodily function. M.C.L.A. § 257.625(4),(5).
- Violator may be required to pay the emergency response costs incurred by State or local government as a result of an offense. M.C.L.A. §. 769.1f(1), (3).
Child endangerment
- Committing a violation while a person under age 16 is a passenger in the vehicle. M.C.L.A. § 257.625(7).
- Other Penalties
- The Repeat Offender laws include other penalties, in addition to metal plate confiscation and registration denial. There may be driver license suspensions or revocations, an ignition interlock device may be required, and there may be mandatory substance abuse treatment. There may also be vehicle immobilization or forfeiture.
- Repeat Offenders who cause an accident that results in long-term injury or death may be charged with a felony..
