What are the elements of a Michigan OWI, Operating While Intoxicated Charge?

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|OCT 24, 2022

Elements of a Michigan OWI.
Elements of a Michigan OWI.

As experienced attorneys, we have a great deal of expertise in OWI law. This article will discuss the legal elements a prosecutor must prove when someone is charged with operating a vehicle while intoxicated or under the influence of another substance. If you are facing a driving under the influence of alcohol or drugs, you should understand the elements of a Michigan OWI.

One of the first things to understand about a Michigan OWI charge, or any operating under the influence charge, is that it can be based on several types of evidence. For example, suppose the police pulled you over, and they found alcohol in your car or detected the odor of alcohol coming from your breath. In that case, they may determine that you were intoxicated at that point based on these observations. However, there are also situations where chemical tests such as breath tests or blood tests may assess intoxication levels.

Crimes are composed of elements. To secure a conviction for a crime, the prosecutor must prove that all elements of the offense were committed beyond a reasonable doubt. So, we must consider the elements of a Michigan OWI when it comes to building your defense strategy.

The burden of proof is on the prosecution. All elements have to be proven by the prosecutor for a successful prosecution. While many people may assume that this burden means that the prosecutor must prove that you were intoxicated while driving, this is not entirely true. The prosecutor will have also to prove beyond a reasonable doubt that you were impaired by drugs or alcohol while operating a motor vehicle. This can be difficult for the prosecutor to meet if you can present a strong defense.

The burden of proof required for a successful prosecution is high, so building an appropriate defense against the elements of a Michigan OWI is essential in trying to avoid conviction. If you are facing such charges, working with an experienced criminal defense attorney can often be highly beneficial in helping you build your case because they may be able to challenge the elements of a Michigan OWI and achieve a favorable outcome.

Frequently asked OWI questions and Guide to Macomb County OWI charges.

​Burden of proof in a Michigan OWI case

The burden of proof in a Michigan drunk driving case is the responsibility of the prosecution to prove beyond a reasonable doubt all the elements of a Michigan OWI.

For this article, OWI, operating while intoxicated or driving under the influence, will refer to several types of offenses, each with specific elements that must be met for a prosecutor to build a strong case. Some of the most common charges related to an operating under the influence charge include Operating While Intoxicated (OWI), Operating While Visibly Impaired (OWVI), and drug-related Operating Under the Influence of Drugs (OUID). Like OWI charges, an OUID related to drugs will typically involve an assessment of impairment because of a controlled substance, lack of mental or physical capabilities, and evidence of illegal drug use.

Elements of a Michigan OWI

The elements of Michigan OWI are: (1) the defendant operated a motor vehicle, (2) on a highway or other place open to the general public or generally accessible to motor vehicles, (3) while under the influence of liquor or a controlled substance, or a combination of the two, or with a blood alcohol content of 0.08 grams or more per 100 milliliters of blood. MCL 257.625(1).

In Michigan, adults are allowed to drink alcohol and drive but their body alcohol level must stay below a BAC of .08 percent in order to avoid being charged with an UBAL offense. However, as we will shortly see that isn’t always true. UBAL stands for “unlawful blood alcohol level” and is a term used to describe the legal limit of blood alcohol content that is considered intoxicated in Michigan.

If you are found to be driving or operating a vehicle with a BAC above this limit, you can be arrested and charged with an UBAL offense. There are other factors that may increase your chances of being charged with an UBAL offense, including driving under the influence of drugs or refusing to take a chemical test when requested by law enforcement officers.

To be convicted of a Michigan OWI based on a breathalyzer or blood draw, the prosecution need only show that you were operating a vehicle while having a blood alcohol level of .08% or higher. So, one of the key elements of a Michigan OWI is proof that your BAC was at or above the legal threshold at the time of driving. If so, you can be found guilty.

Elements of Operating While Visibly Impaired (OWVI)

Operating while visibly impaired (OWVI) is a serious offense in Michigan, and the penalties are serious. To understand what makes up OWVI, it is helpful to first understand the concept of impairment. Essentially, being impaired means that your ability to operate a vehicle safely has been affected by drugs or alcohol. While your actual blood alcohol content (BAC) may not be high enough (.08) for you to be charged with driving under the influence (OWI), if your ability to drive is impacted by drugs or alcohol, this could constitute OWVI.

This charge applies if your BAC is above 0.08% but below the legal limit of 0.10%. As the name suggests, this charge focuses on visible signs of intoxication, such as slurred speech, difficulty walking or driving, and other behaviors that suggest impairment.

The elements of an OWVI are:

  • You were operating a motor vehicle
  • The operation was on a public highway in Michigan
  • You were impaired by drugs or alcohol; and
  • The impairment rendered you visibly unable to operate a motor vehicle safely.

To be found guilty of OWVI, the prosecutor must show that your ability to operate the vehicle safely was visibly affected by the consumption of alcohol or drugs (or both). Most people don’t know that this means you can still have a drunk driving conviction even if you tested below .08% BAC. The difference between the elements of an OWI and OWVI is that an OWI conviction requires a blood alcohol level of .08 or higher.

Elements of Operating Under the Influence of Drugs or Controlled Substance

A Michigan driver could be charged with operating under the influence of drugs (OUID/OWID) if you caught driving while under the influence of drugs, including prescription medications. To be convicted of an OUID offense, there must be evidence that a controlled substance impaired your ability to operate a vehicle safely was compromised. This could include blood or urine tests showing high levels of certain controlled substances in your system and other types of evidence, such as witness testimony or police reports.

There are several legal elements that must be established in order for a person to be convicted of an operating under the influence of drugs (OUID) charge in Michigan. These include establishing that:

  • The defendant was operating a vehicle;
  • That the defendant was impaired by drugs; and
  • That their impairment caused an adverse effect on their ability to operate the vehicle safely; that this impairment resulted in an adverse effect on their ability to operate their vehicle safely.

The burden of proof for an OUID charge involving illegal drugs is extremely low. This is what lawyers refer to as a “per se” charge. “Per se” is latin for “through itself.” It also means “in itself or “by itself.” Legally, “Per se” is used to mean that no other proof is needed, the burden of proof is met because evidence of the charge is self evident or inherent.

What this means is that the prosecutor’s burden is easy in an OUID case. Michigan’s operating under the influence of drugs “per se” laws means that the prosecutor need only show that trace elements of a Schedule I drug or cocaine was in a person’s system at the time of operation to convict for this offense. A charge for a per se OUID is based solely on the fact that an illegal substance was found in the defendant’s blood. The prosecution must only prove that the driver had an illegal substance in their body at the time of driving. The OUID charge applies to Schedule I drugs, such as heroin or cocaine.

For prescription medications, the prosecutor needs to show more. Prescription medications such as Xanax, Hydrocodone, Codeine, Morphine, Oxycontin, and even Ritalin, among other, can have “intoxicating effects” to affect your ability to safely operate a motor vehicle. So, you can be charged with an OUID even if you take your valid prescription.

Defenses to the elements of a Michigan OWI

If you have been charged with a Michigan OWI, it is important to be aware of the potential defenses that may be available to you. Some defenses include challenging the legality of your traffic stop, proving that you were not intoxicated, or disputing the measurement results from breath and/or urine testing. There may be other strategies for successfully defending against an OWI charge that are specific to the facts and circumstances of your case.

One strategy for avoiding a conviction for DUI in Michigan is to challenge the legality of your traffic stop. If a police officer pulls you over without having reasonable suspicion that you were committing a crime, the court might suppress any evidence obtained during your interaction with the officer. However, it is important to note that the officer’s subjective opinion about whether you were exhibiting signs of intoxication may suffice as reasonable suspicion for a traffic stop, even if those observations are mistaken or incorrect.

If you have been charged with OWI in Michigan, you may also dispute the results of breath and/or urine testing by challenging the reliability or accuracy of these tests. For example, there may be issues with the calibration of either device that was used to measure your blood alcohol content (BAC), or there could be questions regarding how accurately your sample was analyzed. Additionally, you may argue that a medical condition prevented you from providing an adequate sample for analysis or rendered any test results inaccurate.

Another way to build your defense against a Michigan OWI charge is by utilizing expert testimony regarding your blood alcohol level at the time of the incident. Depending on the specific circumstances of your case, it may be possible to build a strong case against the prosecution by hiring an expert who can testify that you were not impaired after considering any mitigating factors such as food consumption, medical conditions and other influences. Having this testimony can help to illustrate that isubstances did not impair you at the time of operation.

Another way to challenge the prosecution’s burden of proof is by challenging their evidence regarding how they determined you were intoxicated. This could involve proving that their testing equipment was malfunctioning or had been improperly calibrated at the time of your arrest. By showing evidence that there were issues with any testing done during your arrest, you can help to discredit the results and may have your charges dismissed.

If you have been charged with operating a vehicle while intoxicated or under the influence in Michigan, it is critical to work with an experienced attorney who can help you navigate this complex area of law. A skilled lawyer will explain all of your legal options and help you decide on the best course of action for your situation.

Read about the necessity defense to drunk driving that we used to get a dismissal for our client.

Talk with us about your case.

If you are facing a Michigan OWI charge, it is important to hire a lawyer to help guide you through the process. A lawyer can ensure that your rights are protected and that you get the best possible outcome in your case. Here are just some of the reasons you should hire a lawyer to assist with your Michigan OWI case:

1. Legal experience and knowledge. Lawyers have extensive legal training and experience that allows them to understand and navigate complex legal issues related to OWI cases. This means that they will provide tailored advice on how to approach your specific situation and what potential defenses or strategies may apply for your case. An experienced lawyer can challenge the elements of a Michigan OWI. Get your OWI dismissed. Also, how we win Michigan OWI cases.

2. Strong negotiation skills. Not all OWI cases end up going to trial, and having a strong negotiation skills can often be the difference between obtaining a favorable outcome and a negative one. A good lawyer will work with prosecutors to reach an agreement that is beneficial for you, whether through reduced charges or sentencing considerations.

3. Access to resources and experts. Lawyers have access to resources and experts that can help bolster your case, including investigators, toxicologists, accident reconstruction specialists, medical professionals, and other resources that may not be available to you as an individual facing charges on your own. These resources can allow your lawyer to get a better understanding of what happened in your case and develop effective strategies for defending you in court.

4. As you have learned from this article, a Michigan OWI can be pretty complex. We can simplify that process for you.

Learn what to expect during your first consultation with an OWI attorney.

As you can see, there are many reasons it is important to hire a lawyer to assist with your Michigan OWI case. If you are facing OWI charges, contact us today to learn more about how we can help you navigate this difficult process and protect your rights.

Contact Czarnecki & Taylor

This article is based on our experience handling Michigan drunk driving cases in the tri-county area including but not limited to the following courts:

If you are charged with a Michigan OWI, Czarnecki & Taylor are here to help. We are available 24/7 at (586) 718-2345 for a free initial consultation.

At Czarnecki & Taylor, we have experience handling every type of Michigan criminal charge. Our firm’s ability to handle complex cases that require specialized knowledge and experience earned our impressive track record for success and aggressive Michigan criminal defense.

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