Michigan Repeat Offender Laws For OUIL/DWLS

The purpose of this law is, in a nut-shell, to increase penalties and to assist law enforcement, prosecutors, and Courts as well as the Secretary of State, in combatting the problem of repeat offenders. There are increased crimes, as well as increased license sanctions. It also has additional provisions for forfeiture and immobilization and denial of registration of the vehicle. The law reflects the legislature's desire to begin to address the problem of repeat offenders driving while suspended or revoked in Michigan.

One of the differences between the former law and the new law is that all license actions will be consolidated in the Secretary of State, thus reducing redundancies in the system. The law also attempts to clarify indifferences and eliminate confusion by offenders.

Vehicle Immobilization

In certain cases the new law requires vehicle immobilization for repeat offenders. It also makes forfeiture of the offender's vehicle easier for the Court. For instance, you are subject to immobilization for a second alcohol related driving offense or a 3rd driving while license suspended offense.

Plate Confiscation

The new law allows the law enforcement agencies to confiscate your license plate on a 2nd alcohol related offense or a 3rd driving while license suspended offense. Basically the officers would confiscate your license plate and provide the vehicle with a paper plate that will expire in 100 days.

Denial of Registration of Vehicle

An offender with 3 or more alcohol related convictions or 4 or more prior suspensions/revocations under section 904 for driving while suspended, will be precluded from renewing the registration on the offending vehicle or from registering a new vehicle in their name. Additionally, offenders would be prohibited from selling the vehicle to a family member to avoid the consequences of the new law.

Stricter New Laws

A major change in the new law concerns the differences between (OWI) Operating While Impaired and (OUIL) Operating Under the Influence of Liquor, Zero Tolerance (under 21 years old with a blood/alcohol conviction). Under the old law, 3 or more OUIL convictions was considered a felony. Now, any combination of 3 substance abuse convictions while driving within a 10-year period would count as a prior for repeat alcohol offenders. Thus, a person with a prior Impaired conviction who receives an OUIL today would be treated as a repeat offender for purposes of the repeat offender status. However, only one Zero Tolerance crime could be employed in this combination of offenses for a felony.

This law also includes the establishment of new crimes for driving under the influence and causing death or serious injury and driving while license suspended and causing death or serious injury.

The bill also creates a crime for endangering a child while the operator is OUIL or OWI. The penalty is one year and/or $1,000.00 fine for violating the law with a person under the age of 16 years in the vehicle. There are also penalties for allowing an intoxicated person to operate a vehicle. And, there are new penalties for allowing intoxicated persons to operate a vehicle when the operation results in death or serious impairment of bodily functions.