Whether an individual resides in Michigan or is just visiting the state and is arrested for DUI, the first thing they may want to know is, “Is a DUI a felony in Michigan?” In most cases the answer is no. A DUI charge in Michigan does not automatically result in a felonious charge against the individual. However, DUI charges in Michigan are criminal offenses, and there are three distinct impaired driving offenses in the state. The least serious of these offenses is operating while impaired or OWI. Operating under the influence of intoxicating liquor (OUIL) and driving with an unlawful blood alcohol level (UBAC) are the other two more serious impaired driving offenses in Michigan.
Individuals arrested in Michigan for OWI may be ordered to pay a fine of $300 plus court costs, spend up to 93 days in jail, and may be ordered to complete 45 days of community service. Those arrested for OUIL/UBAC may have to pay $500 plus court costs, spend up to 93 days in jail, and may be ordered to complete 45 days of community service. If individuals are arrested for a second OUIL/UBAC, the fines levied against them may increase to $1000. Furthermore, these individuals may also be confronted with up to 1 year of imprisonment. If an individual is arrested for a third OUIL/UBAC offense, the individual will be charged with a felony. The individual may have to pay a fine of $5,000 and may face a period of incarceration for 1-5 years.
To fully answer the question is a DUI a felony in Michigan will depend on the circumstances surrounding the DUI charge. If the DUI charge is the individuals first or second DUI offense, then the DUI charge will be a misdemeanor. If the DUI charge is the individual's third DUI offense, then the charge will be categorized as a felony. Individuals in Michigan that are facing a DUI charge should contact a criminal defense attorney for assistance.