Is a DUI a Felony in Michigan? The Answer Is It Depends

In Michigan it is a dui felony to have two prior offenses or cause an injury while driving intoxicated!

A DUI is a severe offense in Michigan. If you are convicted of driving under the influence, you could face jail time, fines, and other penalties. But is a DUI a felony in Michigan? The answer might surprise you.

In this blog post, we will discuss the consequences of a DUI conviction in Michigan and whether or not it is classified as a felony. We will also provide tips on how to avoid a DUI charge altogether.

What are misdemeanors and felonies for drunk driving, also known as operating under the influence in Michigan?

Drunk driving charges or DUI charges are known as Operating Under the Influence Charges. The legal BAC is 0.08 percent (breath or blood). You may be charged with operating while intoxicated if your BAC is any degree above that. An experienced DUI attorney can assist you in resolving any drunk driving charges you may be facing!

First, Secong Third Offense DUI Offense

In Michigan, first and second offenses are classified as misdemeanors. Both a first offense and second offense OWI conviction are punishable by local county jail time. Prior convictions raise the consequences for a DUI offense. Misdemeanor convictions generally have less severe criminal penalties.

The third offense OWI is a felony. It can result in prison time.

What is drugged driving?

Drugged driving is operating while impaired by a drug. Drug misuse has the potential to reduce coordination, reaction time, tracking, judgment, attention, and perception, all of which might jeopardize safe driving. Many legal and illegal medications, prescription and over-the-counter, can have detrimental side effects.

Drugged driving is punishable, very similar to drunk driving in Michigan.

What is does it mean to be “Super Drunk”

A “Super Drunk” law in Michigan mandates harsher penalties for motorists who are caught driving with a blood alcohol level (BAC) of 0.17% or more.

What is Operating While Visibly Impaired

Operating while visibly impaired is operating a vehicle under the influence of alcohol, but the blood alcohol level (BAC) is below 0.08 but above 0.04%.

Driver’s License Sanctions for alcohol-related offenses

Driving privileges will be affected by any of the above convictions. A person’s driver’s license can be restricted or suspended. License revocation is also a possibility. If this occurs, you could face vehicle registration denial when the time comes to register your vehicles.

If your license is revoked, you will be required to have a hearing in front of the secretary of state to have your driving privileges restored. This will likely result, if granted, in you being required to use an ignition interlock device in your car. An ignition interlock device is an expensive endeavor with monthly fees. In addition, the ignition interlock device is subject to frequent breaks down, adding more expense and likely more hearings.

These offenses also include points being added to the offender’s driving record.

Another common consequence is license plate confiscation and mandatory vehicle immobilization.

Michigan DUI attorneys can defend you against any penalties or consequences of a DUI conviction

Even a first offense DUI is considered severe and may result in jail time, hefty fines, driver’s license suspension or revocation, community service, and other criminal penalties if convicted. It’s critical to retain the assistance of an experienced DUI defense attorney who is well-versed in blood alcohol content testing, appropriate arrest procedures, and other legal matters that might influence the ultimate resolution of your case.

Michigan Law related to a felony DUI charge

In Michigan, the law that deals with drunk driving are MCL 257.625. It defines drunk driving as:

Sec. 625.  (1) A person, whether licensed or not, shall not operate a vehicle on a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person is operating while intoxicated. As used in this section, “operating while intoxicated” means any of the following:  (a) The person is under the influence of alcoholic liquor, a controlled substance, or other intoxicating substance or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance.  (b) The person has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine or, beginning 5 years after the state treasurer publishes a certification under subsection (28), the person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

Michigan Code 257.625

What is a Felony DUI, then?

In Michigan, there are two ways for drunk driving to be considered a felony. The first is for the person charged to have two prior drunk driving or OUI convictions, and the second is for the person charged with the OWI caused severe injury or death while intoxicated.

Three DUI Convictions

As indicated above, having two prior drunk driving convictions will subject you to a DUI felony charge. A drunk driving third is a Class E felony.

Michigan DUI lawyers will work to get the charges reduced or dismissed. The felony DUI is a serious charge, and you must experience Michigan DUI lawyers on your side. The lawyers at our firm work tirelessly to get the charges against our clients reduced or even dismissed. We understand the gravity of these types of charges, and we will do everything in our power to help you.

DUI Causing Serious Injury or Death

A second instance in which a DUI can be elevated to a felony is if the defendant causes significant bodily injury or death to someone else while driving intoxicated. This is punishable by up to fifteen years in prison.

What are the penalties for a third offense drunk driving offense

In Michigan, operating while intoxicated is known as driving under the influence (DUI). If you have two convictions for either offense, your third conviction will be considered a felony and subject you to the following enhanced penalties for felony DUI charges:

 There is a minimum prison sentence of one year in prison, and the maximum sentence can be five years

There is also a mandatory 30-day jail sentence to be served

 Fines from $500 to $5,000 can be imposed

 A typical be sentenced to 60 days community service to 180 days community service

 Driver’s license revocation in Michigan

Your license plate will be confiscated

 Six points will be added to your master driving record

 Your vehicle will be immobilized and possible vehicle forfeiture. Vehicle immobilization will be performed on any vehicle your name is titled.

In addition to all of these consequences, a person convicted of third-offense drunk driving will also face a period of probation or parole. This will almost always include court costs and an alcohol treatment plan.

Other Consequences of a Felony DUI Conviction

Future employment opportunities will be reduced as many employers do not hire applicants with a felony conviction. This can have a long-lasting impact on your ability to make an income.

Specific professional licenses will also have consequences of a felony conviction. Doctors and lawyers will face licensing issues if convicted of a felony. Specific other trades such as the licensed residential builder will be unavailable for life.

There are also civic consequences such as not voting or serving on a jury that attaches with a felony conviction.

Your ability to own and carry a firearm will also be affected by a felony in Michigan.

Contact a felony DUI attorney immediately

Due to the severity of the penalties for a felony OWI in Michigan, you need legal assistance from a DUI defense attorney who knows both the law and the technical elements of a drunk-driving charge.

Your lawyer will examine the circumstances under which you were convicted of OWI violations to see whether they can be excluded from your case to reduce your offense. If you can remove a prior conviction, you may have a felony DUI charge reduced.

An OWI lawyer will also examine the breathalyzer, blood, or urine test that was used to establish your blood alcohol concentration (BAC) to see if it was reliable. If you can have the previous alcohol tests thrown out, the felony DUI charge can be thrown out.