Information on a First Offense Michigan OWI, Operating While Intoxicated charge.

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 8, 2022

First offense Michigan OWI.
Information of a first offense Michigan OWI.

Sometimes, even the most intelligent people make poor decisions. A first offense Michigan OWI is often the result of a wrong decision. Many people make that mistake. Our office has represented people from all walks of life, including police officers, firefighters, doctors, lawyers, just about every career.

But, that mistake can have long-lasting on your life. Did you know that a first offense Michigan OWI can be charged as a misdemeanor or felony, depending on the facts of your case?

People who have never had a brush with the law are naturally concerned about what will happen. Often, an OWI is a person’s first contact with the law. People facing their first Michigan OWI charge have three primary concerns: how much jail time is involved, what the penalties are, and whether they need an attorney. Our goal in this article is to provide helpful information about these questions so you can better understand what you are facing.

What is a first offense Michigan OWI?

In basic terms an OWI charge is when an individual operated a motor vehicle while their blood alcohol level was above the legal limit (.08) or they are under 21 years old and driving with any amount of alcohol (>.02)in their system.

A first offense Michigan OWI means that a person has not been previously convicted of a drinking and driving offense.

OWI is an acronym that stands for operating while intoxicated. Michigan uses this term instead of DUI. Michigan’s OWI law states that a driver is guilty of operating while intoxicated if they are found to have consumed an intoxicating beverage, or other substance sufficient to impair their normal mental faculties. Also, the person must have been operating with an alcohol level at .08 and below .17. Usually, a person with a .17 or higher will face a “super drunk” charge.

A person who was not legally drunk (below .08) at the time of driving can still be charged with a crime if alcohol visibly affected their ability to operate a motor vehicle. This offense is called “operating while visibly impaired (OWVI).” This is still a drinking and driving offense even though the blood alcohol level is below .08.

Types of Michigan OWI Charges

Under Michigan law, it is illegal to drive:

  • While intoxicated, or impaired, by alcohol, controlled substance, or other intoxicating substance – learn about operating under the influence of marijuana
  • With a bodily alcohol content of 0.08 or more.
  • With a bodily alcohol content of 0.17 or more. This is known as “High BAC” or “Super Drunk” -learn more about this offense
  • With any amount of cocaine or a Schedule 1 controlled substance in your body: means having even a small trace of these drugs in your body, even if you do not appear to be intoxicated or impaired.
  • Operating While Visibly Impaired (OWVI): means that because of alcohol, controlled substance, or other intoxicating substance, your ability to operate a motor vehicle was visibly impaired.
  • If you are under age 21, it is against the law to drive with a bodily alcohol content of 0.02 or more

Penalties for a first offense Michigan OWI.

Many people are concerned about going to jail when charged with a drinking and driving offense. The good news is that Michigan law does not impose a mandatory minimum jail sentence for a first offense OWI. Most courts do not sentence someone to jail for a first offense. However, the Bloomfield Hills and Rochester courts regularly impose jail for even for a first offense Michigan OWI. Also, the risk of jail or prison greatly increases if there was an accident, injury, or death as a result of the offense.

While a jail sentence is not common, that does not mean that a sentence will not be severe. Do not assume that a first offense OWI will get you nothing more than a slap on the wrist. An OWI conviction can still carry harsh penalties. In addition to the risk of jail, there are many other consequences to be concerned about, like the loss of a driver’s license, higher insurance rates, restricted driving privileges, tethers, random drug and alcohol testing, and much more.

The following list of penalties is taken from the Michigan Secretary of State:

Operating While Intoxicated (OWI) or Operating With Any Presence of a Schedule 1 Drug or Cocaine (OWPD)

  • $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.

High Blood Alcohol Content (BAC of .17 or higher) – “Super Drunk”

  • 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.

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.

Besides the penalties listed above, there are additional sanctions that courts can impose for more serious offenses for cases that involve accidents or death. But, for an OWI first offense, courts may order a drug/alcohol evaluation, attendance at an alcohol counseling program, SCRAM alcohol monitoring tether, Soberlink device, and AA meetings.

Do you need an attorney for your first offense OWI?

Yes. The sooner you involve an attorney in your defense, the better chance of achieving better results for your first offense OWI. Specifically, hiring an attorney could mean the difference between getting the charges reduced or dismissed. An attorney could be the difference between losing your license or keeping it. An attorney could be the difference between a harsh or lenient sentence.

If you’re charged with an OWI, don’t assume that your charges will be reduced simply because it is a first offense. While it is often true that judges are more lenient toward first-time offenders, the penalties can still be severe. With any offense, there can still be probation or other punishments as mentioned earlier. An attorney will explain the most likely outcome and sentence for your case.

While the risk of jail is low, an attorney will help prevent jail in serious situations, a suspension of your driver’s license, alcohol tethers, vehicle immobilization, and many other sanctions. An experienced lawyer will know the ins and outs of Michigan law, as well as what type of defense might work in your specific situation. For example, see our article on the problem with field sobriety tests.

An attorney may be able to challenge the officer’s reason for the traffic stop. If successful, the case may get dismissed based on Fourth Amendment reasons. Also, the officer might have made mistakes in conducting the breathalyzer test that an attorney can use to challenge the credibility of your alcohol level at the time you were driving. There are many things an experienced attorney can look for to help challenge the prosecutor’s case.

An attorney can also help with sentencing options if that becomes necessary. For example, many times our office has made proactive strategy decisions that not only saved their licenses but avoided jail time or other harsh punishments.

Some people think they don’t need a lawyer because they believe an OWI charge is minor or not a serious crime; but, even traffic tickets can be complicated and could lead to a license suspension. There’s no such thing as a “minor” charge.

If you’ve been arrested for a first offense OWI , it’s always a good idea to consult with an attorney. A criminal defense lawyer can help protect your rights and minimize potential consequences. If you’re not a citizen, a lawyer can also help you understand what options might be available to you if deportation is at stake.

An experienced attorney can also act as an intermediary between you and law enforcement; they will have established professional relationships with judges, prosecutors, and police officers who may be willing to work with your attorney to reduce the charges during plea bargaining or offer leniency during sentencing. If your case goes to trial, having an experienced attorney is critical.

The likelihood of receiving a better outcome with a lawyer is high. Lawyers have great resources at their disposal. Many times, lawyers can work out deals that:

  • save points on your license
  • save your driver’s license
  • get the charges reduced
  • get charges dismissed
  • avoid jail time
  • avoid certain restrictions
  • get a high BAC (super drunk) offense reduced so as to avoid the interlock device

Other resources.

Although Michigan OWI laws can be quite complex and challenging to navigate on one’s own, Czarnecki & Taylor has a great deal of experience in this area and is able to provide you with the guidance you need when facing charges.

By working closely with our clients who have been accused of drunk driving, we are able to help them understand their legal options and which course of action would be best for their situation. Below are several articles written by our office regarding drunk driving laws and defenses.

Contact Czarnecki & Taylor to discuss your case.

If you have been charged with an OWI, please feel free to contact our office. You need experienced and knowledgeable attorneys to help protect your rights. We can help you understand how the law applies, and we will give you an honest assessment of the outcome.

For those of you who may be deciding whether to hire a lawyer, it is worth knowing that Czarnecki & Taylor are experts at navigating through the legal system. We know how to present arguments for dismissal. We can effectively represent you at trial or work to resolve the case in a way that gets charges reduced, reduces points, saves you money, and saves your driver’s license.

Czarnecki & Taylor has a track record of success because of our hard work and dedication to criminal defense. With decades of experience working on behalf of individuals facing criminal charges, we have the knowledge and expertise necessary to provide top-notch representation for our clients. Whether you are charged with a felony or misdemeanor, we will do everything in our power to help defend you.

At Czarnecki & Taylor, we understand that being accused of a crime can be a stressful and frightening experience. Our mission is to take the stress out of your legal situation by providing you with the aggressive representation and compassionate support you need to navigate through this difficult time. Let us put our skills and experience to work for you.

Are you facing a first offense Michigan OWI? We can help you. 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, contact us today at (586) 718-2345 or online for a prompt response. We are available 24/7 and have weekend and evening appointments.

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