If you’ve been charged with a DUI in Michigan, you may be wondering, “Is DUI a felony in Michigan?” Here’s the straightforward answer.
In Michigan, a DUI can be charged as a felony if it involves repeat offenses, serious injuries, deaths, or other aggravating circumstances. Felony DUI convictions carry severe penalties, including prison time, steep fines, and long-term license revocation.
Facing a DUI charge is serious, and understanding the difference between misdemeanor and felony DUI is crucial for protecting your future. With extensive experience defending clients against DUI charges in Michigan, I’m here to provide the guidance and legal representation you need. In this article, I’ll explain when a DUI becomes a felony, the penalties you might face, and how I can help.
When Does a DUI Become a Felony in Michigan?
1. Third DUI Offense or More
- Law: In Michigan, a third DUI conviction is automatically charged as a felony, regardless of when the previous offenses occurred.
- Penalties Include:
- Prison time of 1 to 5 years.
- Fines up to $5,000.
- Vehicle forfeiture or immobilization.
- Lifetime license revocation (with the possibility of reinstatement after 5 years).
2. DUI Causing Serious Injury
- Definition: A DUI becomes a felony if the driver causes serious bodily injury to another person.
- Penalties Include:
- Up to 5 years in prison.
- Fines of $1,000 to $5,000.
- Permanent license revocation for repeat offenses.
3. DUI Causing Death
- Definition: If a DUI results in the death of another person, it is charged as a felony under Michigan law.
- Penalties Include:
- Up to 15 years in prison.
- Fines of $2,500 to $10,000.
- Restitution to the victim’s family.
4. Child Endangerment
- Definition: Operating a vehicle under the influence with a passenger under 16 years old is a felony under certain circumstances.
- Penalties Include:
- Up to 5 years in prison for repeat offenses.
- Fines up to $5,000.
Penalties for Felony DUI in Michigan
| Offense Type | Maximum Prison Time | Fines | License Penalties |
|---|---|---|---|
| Third DUI Offense | 1 to 5 years | Up to $5,000 | Lifetime revocation, vehicle forfeiture |
| DUI Causing Serious Injury | Up to 5 years | $1,000 to $5,000 | Permanent revocation for repeat offenses |
| DUI Causing Death | Up to 15 years | $2,500 to $10,000 | Permanent revocation |
Is a First DUI a Felony in Michigan?
- No, a first DUI offense in Michigan is typically charged as a misdemeanor.
- Penalties Include:
- Jail time of up to 93 days.
- Fines of $100 to $500.
- License suspension of up to 6 months.
However, aggravating factors such as causing injury or driving with a minor can elevate the charge to a felony.
How Does Michigan’s Implied Consent Law Affect Felony DUI Cases?
- What Is Implied Consent?
- Michigan law requires drivers to submit to chemical testing (breath, blood, or urine) if arrested for DUI. Refusing the test can lead to automatic penalties.
- Impact on Felony DUI Cases:
- Refusal can result in:
- License Suspension: 1-year suspension for the first refusal, 2 years for subsequent refusals.
- Evidence Challenges: Refusal may complicate the prosecution’s case but can also weaken the defense.
- Refusal can result in:
Can a Felony DUI Be Expunged in Michigan?
- What Is Expungement?
- Expungement removes a conviction from your criminal record, making it inaccessible to employers and the public.
- Eligibility for Felony DUI Expungement:
- As of recent legislation, certain first-time DUI offenses may qualify for expungement. However, most felony DUI cases involving repeat offenses or severe injuries are not eligible.
- Benefits of Expungement:
- Restores eligibility for jobs, housing, and other opportunities restricted by a criminal record.
- How to File:
- File a motion in court with the assistance of an attorney to maximize your chances of success.
How Can a DUI Lawyer Help With Felony Charges?
1. Build a Strong Defense
- Challenge evidence such as breathalyzer results or field sobriety tests.
- Investigate whether the traffic stop was conducted lawfully.
2. Negotiate Reduced Charges
- Work with prosecutors to reduce felony charges to misdemeanors where possible.
3. Represent You in Court
- Present compelling arguments to minimize penalties or secure an acquittal.
Quick Tip: Hiring a skilled DUI attorney early in your case can significantly improve your outcome.
Call D.G. Moore Law for Expert DUI Defense
If you’re facing a felony DUI charge in Michigan, you need a skilled and experienced attorney to protect your rights and fight for your future. At D.G. Moore Law, I’ll provide personalized representation and aggressive advocacy to help you achieve the best possible outcome.
Call me today at 269-808-8007 for a free no-obligation consultation. Let’s start building your defense and working toward a resolution.
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