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When is a DUI a felony in Michigan?

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.
<h2>DUI charges as a misdemeanor</h2>
According to FindLaw, the <a href=”https://nam02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fstatelaws.findlaw.com%2Fmichigan-law%2Fmichigan-dui-laws.html&amp;data=02%7C01%7CLarry.Keltto%40thomsonreuters.com%7Cafbe7db28f4749a7a98708d80311325e%7C62ccb8646a1a4b5d8e1c397dec1a8258%7C0%7C0%7C637262719674649556&amp;sdata=dfmxGDb58lIiVR1zdJbw7Q%2BF3eQ%2FQUJUbDNbAcbwQAg%3D&amp;reserved=0″ target=”_blank” rel=”noopener”>legal blood alcohol concentration</a> 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.
<h2>DUI charges as a felony</h2>
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.
<ul>
<li>You are facing your third DUI charge</li>
<li>You seriously injury someone else</li>
<li>You fatally wound someone else, leading to their death</li>
</ul>
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.

David G. Moore is a highly experienced criminal defense attorney in Michigan. With a Juris Doctor from Thomas M. Cooley Law School and experience as a former assistant prosecutor, he brings unique insights to his practice. David’s career spans the entire spectrum of criminal defense, from minor infractions to complex felonies.

He has successfully handled cases in state and federal courts, including pre-indictment investigations, jury trials, and appeals. Licensed in Michigan and Arizona, David’s approach combines mitigation efforts with intense litigation preparation. His diverse legal experience has established him as a trusted and authoritative voice in Michigan’s legal community.

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