Michigan DUI Punishment

All it takes is a quick Google search to find out what the applicable penalty is for drunk driving offenses. However, the maximum penalties for drunk driving offenses are usually not imposed. For example, a first offense OWI is punishable by 93 days in jail and a fine of no more than $500. Are you likely to get 93 days in jail? Usually you won’t, but all cases must be evaluated upon their own merits.

Pre-sentence Investigation Reports

Judges rely heavily on pre-sentence investigation reports. These reports are produced by probation officers, and they include information regarding past criminal conduct, what an offender has doing since being arrested and what their outlook for the future is like. Judges are not required to follow the recommendation made, but often times will. Usually, community service, probation, fines and license suspensions are going to be ordered on a first offense drunk driving charge. The terms of these conditions vary by judge.

Sentencing Under MCL 771.1

MCL 771.1 provides for delayed sentencing for up to a year for offenders of all kind. The court is not required to sentence any individual in accordance with this provision, but instead may choose to sentence one under this provision where it has established that “an offender is not likely to engage in an offensive or criminal course of conduct and that the public good does not require that the defendant suffer the penalty imposed by law.” What does this mean? It means that violators will be placed on probation, and as long as the terms of their probation is complied with, the charges will be dismissed upon successful completion of probation. Having said that, MCL 771.1 is unlikely to come into play unless a prosecutor recommends it, and most prosecutors are unlikely to make such a recommendation for drunk driving offenses 233.

Get a Criminal Defense Lawyer Today

As unlikely as it may seem that a judge will throw a drunk driving offender in jail for a first offense, it is always a possibility. If you have prior offenses, jail time becomes an even more real possibility. Don’t take a chance; contact a drunk driving attorney today to help you prepare for sentencing. Call us today for a free initial consultation at 586-268-2400.