When is a DUI a felony in Michigan?

On Behalf of | Jun 1, 2020 | Drunk Driving

There are different types of DUI charges in Michigan. In certain circumstances, a DUI charge will become a felony instead of a misdemeanor. Felony charges are subject to higher fines and longer jail times than misdemeanors.

Keep reading for more information about the differences between a misdemeanor and a felony DUI.

DUI charges as a misdemeanor

According to FindLaw, the legal blood alcohol concentration limit is anything under 0.08%. Michigan is also a zero-tolerance state, which means that if you are under 21 and have a BAC of 0.02% or higher, you can face DUI charges. For a first- or second-time offender, this will translate into a misdemeanor with applicable license suspensions, fines and jail time. A first-time offender will see penalties of up to 93 days in jail, with a fine of up to $500. A second-time offender may see jail time of up to a year, with fines as high as $1,000.

DUI charges as a felony

If you are facing a DUI charge and your situation involved any of the following, your DUI will be a felony charge as opposed to a misdemeanor.

  • You are facing your third DUI charge
  • You seriously injury someone else
  • You fatally wound someone else, leading to their death

Under these circumstances, your fines and jail time will increase. You may see up to five years in prison, along with a fine of up to $5,000, if you injure someone else. If you kill someone, however, you could spend up to 15 years in jail and pay fines of up to $10,000.



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