Michigan has very strict laws on drunk driving. It is important to understand what constitutes a Michigan OWI and Michigan OWVI, as well as the penalties associated with each offense. This article provides information about Michigan’s OWI offense and links to more in-depth resources.
What does it mean to be charged with a Michigan OWI?
Michigan law defines a number of scenarios where a person can be charged with Michigan OWI (operating while intoxicated) or Michigan OWVI (operating while visibly impaired). The offenses include: driving while visibly impaired (BAC of less than .08); operating a motor vehicle with a blood alcohol content of .08 or more; operating a motor vehicle with a BAC greater than .17; and many more.
A Michigan OWI offense is a criminal offense that involves operating a vehicle while impaired by the use of alcohol, illegal drugs, or both.
What it means to operate a vehicle: The Michigan Vehicle Code defines “operate” as driving or being in actual physical control of a motor vehicle on a highway or premises open to the public. A person can also be considered in actual physical control if they are found in the driver’s seat with the key in the ignition.
According to Michigan law, a person whose BAC is at least .08 cannot “operate” a car, truck, motorcycle, or commercial bus. Individuals with lower than .08 BAC can still violate Michigan’s OWI law if a police officer determines that the driver’s ability to operate a vehicle is visibly impaired by alcohol. This is known as OWVI.
Since someone can be charged with a drinking and driving offense even if their BAC is than .08, it is critically important that you contact an attorney to discuss your case to see if it is a good candidate to go to trial,
In addition to Michigan’s drunk driving (.08 BAC) offense, motorists can also be convicted of an operating under the influence crime if they are impaired by the use of drugs or other intoxicating substances to a degree that they are unfit to operate a vehicle. Read about operating under the influence of marijuana.
To determine if someone is driving while intoxicated, police may ask the person to perform a preliminary breath test PBT). This is an alcohol test done on the side of the road. The officer will also ask the driver to complete several tasks, including walking in a straight line and standing with one foot in front of the other with arms at sides. These are known as field sobriety tests (FSTs). Learn why sober people fail field sobriety tests.
Also, the Michigan Implied Consent Law requires that if an individual is stopped for a drinking and driving offense, that person must submit to BAC (breathalyzer) testing. The refusal to do so will result in a license revocation for one year.
Learn more about a first offense Michigan OWI.
What is Michigan’s Implied Consent Law?
The Michigan OWI (Operating While Intoxicated) laws can be confusing and difficult to manage. Michigan has an implied consent law which states that any person operating a motor vehicle in Michigan implicitly agreed to perform a breathalyzer if they are arrested on suspicion of Operating While Intoxicated (OWI). You can refuse to take the test but your license will be revoked for one year.
If the police issue you an implied consent violation, you must act quickly to protect your driver’s license. You only have 14 days to request a hearing to argue that you did not unreasonably refuse the breathalyzer test when requested by the officer. You can still lose your license under the implied consent law even if you are found not guilty of the OWI offense.
You must take notice that there is a difference between a PBT (preliminary breath test) performed on the side of the road versus a breathalyzer performed at the police station.
If you are stopped by a police officer who believes you may be driving while intoxicated, you most likely will be asked to take a Preliminary Breath Test (PBT) to determine whether alcohol was involved. If you refuse to take the PBT, you can be charged with a civil infraction, which carries a fine up to $150 plus court costs. You can refuse a PBT without much concern for your driving privileges. However, whether you take the PBT, you must take the breathalyzer test required by the implied consent law.
If you lose your license because of an implied consent violation, there are ways that an attorney can assist you at the hearing or reinstate your license at circuit court.
What is the difference between a DUI and OWI in Michigan?
The meanings of DUI and OWI vary from state to state. In Michigan, a DUI charge means “driving under the influence” of alcohol or drugs. Although people typically use the term the proper acronym for a drinking and driving charge in Michigan is OWI meaning “operating while intoxicated.”
Will I go to jail for my first Michigan OWI?
No. It isn’t likely. The fact is that in most first Michigan OWI cases you are not likely to spend any time in jail after the initial arrest. However, the risk of jail depends on the jurisdiction and facts of each individual case. For example, courts such as Bloomfield and Rochester make it a habit of sentencing a person to jail even for a first offense. A lawyer is a necessity if you want to increase your chances of avoiding jail in those courts.
If the risk of jail is low, what can a lawyer do for you?
As Michigan OWI lawyers, the first thing we do after receiving the discovery is to analyze the evidence to see if we can challenge the case. There may be ways to challenge an OWI arrest that could result in suppression of the evidence or even a dismissal.
An experienced and qualified attorney can help reduce your charges to an operating while visibly impaired (OWVI). An OWI conviction can result in severe penalties such as fines, jail time, and license suspension. An OWVI avoids many of these penalties, including a license suspension.
One of the most important things a lawyer will do is review the evidence against you and determine if there are any potential weaknesses in the prosecution’s case. For example, if there are problems with the accuracy or maintenance of the breathalyzer test or if the police did not follow proper protocol when administering a field sobriety test, your lawyer may be able to have these results excluded from evidence.
Finally, an experienced attorney will be able to negotiate with the prosecutor and advocate on your behalf to have your charges reduced. Depending on the circumstances of your case and the strength of your defense, your lawyer may be able to get you a plea deal that involves reduced charges and penalties or even have your charges dismissed altogether.
Michigan OWI penalties
Michigan OWI offenses carry the following penalties:
- $100 to $500 fine and one or more of the following:
- Up to 93 days in jail.
- Up to 360 hours of community service.
- Driver’s license suspension for 30 days, followed by license restrictions for 150 days.
- Possible vehicle immobilization.
- Possible ignition interlock.
- Six points added to driving record.
Operating While Visibly Impaired
- Up to a $300 fine, and one or more of the following:
- Up to 93 days in jail.
- Up to 360 hours of community service.
- Driver’s license restrictions for 90 days (180 days if impaired by a controlled substance).
- Possible vehicle immobilization.
- 4 points added to the offender’s driving record.
Is a first offense OWI a felony?
No. In most instances, a first offense OWI will not result in a felony. However, it can can be a felony depending on injuries to another person, among other factors. Also, a third offense OWI will be charged as a felony that carries a maximum penalty of 5 years in prison. There is a mandatory sentence of 30 days in jail.
What is the Michigan Super Drunk law?
High Blood Alcohol Content (BAC of .17 or higher). This is one of the operating while intoxicated crimes, but it has harsher consequences.
- One or more of the following:
- Up to 180 days in jail.
- $200 to $700 fine.
- Up to 360 hours of community service.
- Driver’s license suspension for 1 year. Eligible for restrictions after 45 days of suspension if an ignition interlock device is installed on all vehicles the offender owns or intends to operate.
- Possible metal license plate confiscation if the offender operates a vehicle without a properly installed ignition interlock device.
- Mandatory vehicle immobilization if the offense is subsequently convicted for operating a vehicle without a properly installed ignition interlock device.
- 6 points added to the offender’s driving record.
Can you get an OWI expunged in Michigan?
Yes. There are restrictions. You can only have one Michigan OWI offense on your record. One and only one. The law only allows expungement of a “first violation operating while intoxicated offense.” This also applies if you had a previous OWI expunged. It is a one and done. Your OWI expungement will be only a once-in-a-lifetime opportunity.
The following drunk driving offenses are eligible for expungement:
- Operating While Intoxicated
- Operating While Visibly Impaired
- Allowing an Intoxicated Person to Operate a Motor Vehicle
- High BAC or “Super Drunk”
- Minor with any BAC (Zero Tolerance)
- Operating with the Presence of a Controlled Substance
Drunk driving offenses not eligible for expungement include:
- OWI with a child under 16 in the car
- OWI causing serious injury
- OWI causing death.
Read more about expunging a Michigan OWI.
Your attorney’s experience matters.
If you have been arrested and charged with an OWI, it is important to contact a criminal defense attorney for assistance and advice throughout the legal process. An experienced Michigan defense lawyer will understand what course of action should be taken and how to best protect your rights based on their knowledge of Michigan law and years of experience defending clients facing charges for drunk driving, including first-time offenders.
Since our attorneys have handled Michigan OWI cases for over 20 years we have created an extensive network of connections and understanding of criminal law that can only come from such a long investment of time in the area of criminal defense.
Over those 20 plus years, we are able to call on that experience to see how:
- Michigan OWI cases develop
- How to challenge them
- How to negotiate them
- Save our clients’ driver’s licenses
- How Michigan OWI cases affect people’s lives
This incredible depth of experience cannot be gained in any other way than hard work and dedication. Our experience helps protect our clients’ futures. Everyone facing a Michigan OWI charge is concerned about the case and the possibility of jail. They are also concerned about their driver’s license because it may affect their employment or ability to care for their children. People often express the following concerns:
- Am I going to jail?
- Can the charge be reduced?
- Can you save my driver’s license?
- How much are the fines?
- Why do I have a paper license?
- Did the officer have a reason to stop me?
- Can I see the evidence?
At Czarnecki & Taylor we are here to answer every single one of your questions. We work to find the best solution for your case. Contact Czarnecki & Taylor if you or a loved one is facing a Michigan OWI. The outcome of your case will not be as bad as you think and we can give you a reliable prediction of the outcome based on our more than 20 years of criminal expertise.
Contact Czarnecki & Taylor
Are you facing an OWI? We can help. Czarnecki & Taylor PLLC’s experienced attorneys will handle your case with care and help you through every step of the process. For a free consultation, call us today at (586) 718-2345 or online for a prompt response. We are available 24/7 and have weekend and evening appointments.