You will need to contact the Michigan Secretary of State (SOS), the court listed on your citation or a MI lawyer to find out for certain if Michigan will charge this DUI as a first or second offense.
As you may be aware your home state of Michigan is not a member of the Driver's License Compact (DLC) however they still report information to other states and receive in information about their licensed drivers who are convicted of violations in other states.
The MI Department of the State notes that if an out of state violation corresponds to a violation listed in Michigan law, than the conviction will be posted to your driving record and points will be assigned as required by the MI Vehicle Code.
It continues on to say if the ticket your receive in another state is for an offense for which a suspension would have been given if the ticket had been received in Michigan, then a suspension will be imposed after the posting of the ticket, allowing time for due process and the sending of a notification letter. So it is very likely that your Ohio DUI went on your Michigan driving record for the court to see when you attend and are charged with this new DUI offense.
We have read that out of state convictions may be used to calculate the number of prior convictions in MI however with regards to DUIs it likely depends upon what your BAC was in Ohio, how that relates to Michigan laws, etc. Thus to get an answer to your specific situation you will need to contact the MI SOS, court or a MI lawyer familiar with this type of case law.
Michigan's Repeat Offender laws are designed to get tough with drivers who repeatedly drive drunk or drive while on a suspended license. Under the laws, you are a Repeat Offender if you have:
- Two or more alcohol-related convictions within seven years.
- Three or more convictions for driving while your license is suspended or revoked in seven years, resulting in mandatory additional suspensions or revocations.
- Three or more alcohol-related convictions within 10 years.
Sanctions for repeat offenders include additional driver license suspensions or revocations, license plate confiscation, vehicle immobilization or forfeiture, registration denial, the use of ignition interlock devices, and mandatory substance abuse treatment.
In particular the MI SOS notes that there are harsh penalties for receiving any combination of an OWI and/or OWVI within a 7 year period. For being a repeat offender of an OWI (Operating While Intoxicated) the penalties is a$200 to $1,000 fine and one or more of the following:
- Five days to one year in jail.
- 30 to 90 days community service.
- Driver license denial/revocation for a minimum of one year.
- License plate confiscated.
- Vehicle immobilization 90 to 180 days unless vehicle is forfeited.
- Possible vehicle forfeiture.
- Six points on driver record.
- $1000 Driver Responsibility Fee for two consecutive years.
Being a repeat of offender of what is considered an OWVI (Operating While Visibly Impaired) the penalties include a $200 to $1,000 fine plus one or more of the following:
- Five days to one year in jail.
- 30 to 90 days community service.
- Driver license denial/revocation for a minimum one year.
- License plate confiscation.
- Vehicle immobilization 90 to 180 days unless vehicle is forfeited.
- Possible vehicle forfeiture.
- Four points on driver record.
- $500 Driver Responsibility Fee for two consecutive years.
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