When your freedom is at stake, Michael P. Manley  - Professional Corporation

Practice Areas

OUIL PENALTIES

OUIL PENALTY SHEET (01-03-2007)

 

Operation While Visibly
Impaired
(No BAC presumption)
Operating While
Intoxicated
(BAC .08 or higher)
Zero Tolerance

1st Offense (no priors)

Misdemeanor

1 OR MORE:

  • Up to 93 days in jail
  • fine of up to $300
  • up to 360 hours community services
  • 90 days restricted
  • 4 points on license
  • No plate confiscation
  • possible 180 day immobilization
  • $500 driver responsibility fee for two consecutive years

Misdemeanor

1 OR MORE:

  • up to 93 days in jail
  • fine of $100 to $500
  • up to 360 hours community service
  • 30 days suspended / 150 days restricted
  • 6 points on license
  • No plate confiscation
  • Discretionary immobilization
  • Possible ignition interlock
  • $1,000 driver responsibility fee for two consecutive years

Misdemeanor

1 OR BOTH:

  • up to $250 fine
  • up to 360 hours community service
  • 30 Day restricted license
  • 4 points on license
  • No plate confiscation
  • No immobilization

2nd Offense (any priors within 7 years)

Misdemeanor

  • $200-$1,000 fine

AND 1 OR MORE:

  • 5 days to 1year in jail
  • 30 to 90 days community service

Minimum 1year revocation of license / no restricted is possible*

  • Mandatory 90-180 day vehicle immobilization
  • Plate confiscation
  • $500 driver responsibility fee for two consecutive years


Misdemeanor

  • $200-$1,000 fine

AND 1 OR MORE:

  • 5 days to 1 year in jail
  • 30 to 90 days community service

Minimum 1 year revocation of license / no restricted is possible*

  • Mandatory 90-180 day vehicle immobilization
  • Plate confiscation
  • Potential ignition interlock during problation
  • $1,000 driver responsibility fee for two consecutive years

Misdemeanor

1 OR MORE:

  • up to $500 fine
  • up to 93 days in jail
  • up to 60 days community service

90 day suspended license or if prior drinking / driving then 1 year revocation / denial

  • No Plate confiscation
  • No immobilization

3rd Offense (2 priors of any kind within a lifetime after January 3, 2007)

FELONY

  • $500-$5,000 fine

AND either:

  • 1 to 5 years in prison

OR

  • 30 days to 1 year in jail, probation and 60-180 days community service

Minimum 1 to 5 year revocation

  • mandatory 1-3 year vehicle immobilization
  • Plate confiscation

FELONY

  • $500-$5,000 fine

AND either:

  • 1 to 5 years in prison

OR

  • 30 days to 1 year in jail, probation and 60-180 days community service

Minimum 1 to 5 year revocation

  • Mandatory 1-3 year vehicle immobilization
  • plate confiscation

 

* NOTE: License reinstatement is not automatic. A hearing must be held before the Driver License Appeal Division (DLAD) to determine, among other things, if a driver's substance abuse is under control and if the risk of the driver repeating past abuse behavior is low or minimal. You are allowed only one reinstatement hearing a year.

Board Certified Criminal Defense Attorney
1434 Mott Foundation Buildling, Flint, Michigan 48502, 810-238-0500
State Charges
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Felonies
Misdemeanors
Driving While Intoxicated
Drivers License Restoration
OUIL Penalties
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Assaultive Crimes
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Telephone: Genesee County: (810) 238-0500 Lapeer County: (810) 664-0505 Fax: (810) 238-0506
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