Michigan DUI Guide

Everything You Need To Know About Michigan DUI/OWI Laws

Michigan has some of the most confusing DUI laws in the country. This is largely due to its series of overly complex charges, statutes, and legal processes surrounding drunk driving. Understanding Michigan DUI laws is critical for those who are facing drunk driving charges, as it is easy to have your life permanently altered by the consequences of a DUI conviction. This article serves to assist in understanding the ins and outs of Michigan drunk driving laws in order to best defend against DUI charges.

It’s important to note that information within this page can help guide someone in the right direction and answer general questions; however, this is not a substitute for professional legal advice. If you have legal issues involving drunk driving, consulting with a DUI defense lawyer is critical for protecting your rights.

— Table of Contents —

• Definitions
• Michigan DUI Overview
• Michigan DUI Penalties
• Frequently Asked Questions
• Oakland County DUI’s
• DUI Traffic Stops
• Field Sobriety Tests
• DUI Arrest Process
• DUI Defenses
• Choosing An Attorney

Definitions

To help readers better understand the context of the article, here are some common terms with brief descriptions found throughout this page.

Driving Under The Influence (DUI) – Driving under the influence implies that a driver is operating a motorized vehicle with a blood alcohol content above the legal limit of 0.08%.

Operating While Intoxicated (OWI) – Operating under the influence is another term for DUI, which is when a driver is charged with operating a motor vehicle with a BAC level above the legal limit of 0.08%.

Driving While Intoxicated (DWI) – Like OWI and DUI, this is essentially a different name for the same charge. In order to be charged for DWI, the driver must have a blood alcohol content level above 0.08%.

Operating While Visibly Impaired (OWVI) – Unlike normal DUI or OWI charges, the driver does not need to have a specific BAC level in order for them to be charged with OWVI.

Operating Under The Influence of Drugs (OUID) – This is a charge specifically for situations when a driver is suspected to be impaired as a result of being under the influence of either prescription or illicit drugs.

Operating Under the Influence of Liquor (OUIL) – This is another name for driving under the influence of alcohol. Drivers with a blood alcohol content above 0.08% can be charged with OUIL.

Blood Alcohol Content (BAC) – This is referring to the amount of alcohol present in an individual’s blood. This measurement is used to determine whether someone is driving under the influence, with the limit being set at 0.08%.

Field Sobriety Test (FST) – This is used in situations when someone is suspected of driving under the influence and is used as probable cause to have a BAC measurement taken.

Breathalyzer – The Breathalyzer is a portable device used to test someone’s blood alcohol content.

DataMaster – The DataMaster Transportable (DMT) is the primary machine used to obtain someone’s blood alcohol content in the State of Michigan.

Super Drunk – When someone’s BAC is 0.17% or higher, they are considered “super drunk” under Michigan law.

Michigan DUI/OWI Overview

Operating a vehicle while intoxicated (OWI) is a crime in the State of Michigan. It carries with it serious penalties and ramifications – more serious than you might think. The suspension of your driver’s license, jail time, extensive fines, and the potential loss of your job are just some of the possible consequences of being found guilty. You want to avoid an OWI conviction like the plague. For those reasons, George Law, a highly reputable criminal defense law firm, has put together the following guide to help ensure that you fully understand OWI laws and that you take the right steps to avoid being convicted on an OWI charge in Michigan.

Per the Michigan Vehicle Code, it is against the law for you to be operating a vehicle in a public place while intoxicated (OWI). In other states, this is known as driving while intoxicated (DWI) or driving under the influence of alcohol or drugs (DUI). It is important that you understand what an OWI means. For starters, “operate” can mean driving but also merely having physical control of a vehicle. “Public place” is defined as any area where motor vehicles are, including places used for parking. As a result, it may be possible for you to be charged with OWI for just being in your car while it is parked with the keys in the ignition.

In Michigan, being “intoxicated” is defined as:

• You are under the influence of alcohol, a controlled substance, or other intoxicating substance or a combination of the three.
• You have an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
• You have an alcohol content of 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

In other words, if your blood alcohol concentration (BAC) is .08 or higher while operating a vehicle, then you may be charged with OWI in Michigan. It is important to remember that your BAC may depend on a number of factors. Each and every person responds differently to the amount of alcohol or drugs that they consume. What this means is that two drinks may cause your BAC to be different from someone else. Additionally, other factors like height, weight, and the amount of food in your body may affect your BAC.

Michigan DUI Penalties

1st Offense OWI (BAC Under .17)
$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.

1st Offense OWI With High Blood Alcohol Content (BAC .17 Or Higher)
$200 to $700 fine, and one or more of the following:

• Up to 180 days in jail.
• 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 that you own or intend to operate).
• Possible license plate confiscation if you operate a vehicle without an ignition interlock device.
• 6 points added to your driving record.

2nd Offense OWI
$200 to $1,000 fine, and one or more of the following:

• 5 days to 1 year in jail.
• 30 to 90 days of community service.
• Driver’s license revocation for a minimum of 1 year (minimum of 5 years if you have a prior revocation within 7 years).
• License plate confiscation.
• Vehicle immobilization for 90 to 180 days unless the vehicle is forfeited.
• Possible vehicle forfeiture.
• 6 points added to your driving record.

3rd Offense OWI
$500 to $5,000 fine, and one or more of the following:

• 1 to 5 years imprisonment.
• Probation, with 30 days to 1 year in jail.
• 60 to 180 days of community service.
• Driver’s license revocation if you have 2 prior convictions within 7 years, or 3 convictions within  10 years. The minimum period of revocation is 1 year (minimum of 5 years if there is a prior revocation within 7 years).
• License plate confiscation.
• Vehicle immobilization for 1 to 3 years unless the vehicle is forfeited.
• Possible vehicle forfeiture.
• Vehicle registration denial.
• 6 points added to your driving record.

Underage Drivers
Michigan has a zero-tolerance policy when it comes to underage consumption of alcohol. What this means is that if you are under the age of 21, then having any amount of alcohol in your system while driving could result in you being charged with OWI. Here are a few of the possible penalties that you  could receive for an underage OWI:

1st Offense
One or more of the following:

• Up to a $250 fine.
• Up to 360 hours of community service.
• Driver’s license restricted for 30 days.
• 4 points added to your driving record.

2nd Offense
One or more of the following:

• Up to a $500 fine.
• Up to 60 days of community service.
• Up to 93 days in jail.
• Driver’s license suspension for 90 days. If you have a prior drunk or drugged driving conviction,  then you face a driver’s license revocation for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
• 4 points are added to your driving record.

Frequently Asked Questions

Q. Can you be charged with drunk driving if you’re below the legal limit?
Yes, The law in Michigan says that it is possible for you to be charged with a crime even if your BAC is under .08. Specifically, if your BAC is under .08, and you are showing signs of impairment (e.g. slurring your words; failing to keep your balance; looking like you’ve been up for days), then you may be charged with operating while visibly impaired (OWVI). Additionally, if you are under the age of 21 and are found to have any detectable amount of alcohol in your system, then you may be charged with OWI. The only exception is if the alcohol in your system is consumed during a religious service or ceremony.

Can you get an OWI if you’re not driving the vehicle?
Yes, operating a vehicle under Michigan law is defined as having physical control of a vehicle.  Driving a vehicle while intoxicated is against the law, and so is sitting in the driver’s seat while
intoxicated when the car is not moving. In either case, you risk being arrested and charged with OWI.

Q. Can you get a DUI from taking prescribed medication?
Michigan’s OWI law specifically mentions controlled substances (think prescription drugs). operating a vehicle while under the influence of medication could result in an OWI. Even if you are following your doctor’s recommendation on how much you should take, if the drug causes you to become intoxicated or impaired, then you may be charged with OWI. As a general rule, it is always recommended to look at the prescription drug warning label to determine if it is safe to take the drug if you anticipate getting behind the wheel.

Q. Can you refuse a field sobriety test?
Unless the officer has a warrant, you have the right to refuse a field sobriety test. In most instances, a field sobriety test is done to gather the probable cause necessary to arrest you for OWI. Refusing may not stop an officer from arresting you, but it will limit the evidence that can later be used against you. Keep in mind that if you are being asked to perform a field sobriety test, then the officer probably already suspects that you are OWI.

Q. Can you refuse a breathalyzer test?
Unless the police officer that arrested you obtains a warrant, you have the right to refuse chemical (BAC) testing. However, under Michigan law, anyone who refuses chemical testing will have their driver’s license suspended for a period of one year. This law is known as implied consent. The police still must make you aware of your right to refuse and the consequences of doing so.

Refusing a chemical test will not prevent you from being charged with OWI. Additionally, the arresting officer can force you to take a chemical test if they apply for and obtain a warrant. If the officer gets a warrant to conduct a blood test, then you must allow your blood to be taken. If you continue to refuse, the police might forcibly draw your blood. You should also be aware that refusing to take a chemical test can still result in your license being suspended even if you are not charged with OWI.

Oakland County DUIs

Being arrested and charged with drunk driving in Michigan is a serious matter. This is especially true in Oakland County. In fact, it’s not out of the question to receive jail time on a first-offense OWI in this area. Certain Oakland County courts such as the 52-1 District Court have a reputation for handing out jail time and harsh sentences for OWI and DUI offenses.

The graph below shows a breakdown of over 1,000 breathalyzer tests issued in Oakland County. After the Michigan State Police, Royal Oak and Bloomfield Township have the strongest enforcement of DUI laws within the State.

Other notable locations with strict enforcement represented in this graph are: Berkley, Novi, Madison Heights, Farmington Hills, Rochester, Hazel Park, and Waterford

DUI Traffic Stops

When you are driving your car, the police are legally allowed to pull you over if they reasonably believe that you have committed a crime or might commit one. This cannot merely be a hunch or a guess. You must be doing something that a police officer has reason to believe is illegal. If the police see you drive without your lights on at night or roll through a stop sign, then they develop reasonable suspicion. necessary to pull you over. Still, the most important thing surrounding the police stopping you is whether the suspicion is reasonable.

Pulling you over because they don’t like the color of your car will not be considered reasonable, and that matters if you are later charged. Once you have been stopped, the police will observe you to determine if you are intoxicated. There are many signs that could make an officer think that you are intoxicated. Glassy eyes, slowed or slurred speech, the smell of alcohol on your breath, or even an open container of alcohol in your car could all lead the police to believe that you are intoxicated. Whatever the reason, if the police believe that you may be intoxicated, their next move will probably be to ask you to step out of the car and perform what are known as field sobriety tests.

Field Sobriety Tests (FST)

Field sobriety tests comprise a series of actions that the police will ask you to perform in order to determine if you may be impaired. A field sobriety test alone does not determine whether you have drugs or alcohol in your system. These tests are designed to gather enough observations for the officer to arrest you and administer a chemical test (breathalyzer, blood test) on you. There are three common field sobriety tests that are meant to determine impairment.

Walk-And-Turn-Test
This test is done by taking nine steps in a straight line while touching your heel to your toe. You will then turn on one foot and walk back to your original starting point in a straight line, continuing the heel-to-toe method. By observing your imbalance while you attempt to walk a straight line, the police officer might further suspect your impairment.

Horizontal Gaze Nystagmus (HGN) Test
This test looks at your eye movement to determine if your focus has been affected by impairment or intoxication. The HGN test is usually performed by the officer holding out a pen or flashlight while moving it back and forth in front of your face. The officer will then ask you to follow the movement of the object with your eyes. If you are unable to follow the movement, then this typically means that you fail the test.

One-Leg-Stand Test
This test is used by an officer to observe your balance. The officer will have you stand on one leg with your other foot six inches off of the ground. If you cannot maintain your balance on one leg throughout the test, or if you are swaying or rocking, then you will probably fail the test.

Additional Thoughts On Field Sobriety Tests
One major criticism of field sobriety tests is that they are often not the best way to determine impairment. Additionally, you can very easily fail these tests if you have poor balance or you are simply nervous. In the case of the HGN test, following a flashlight with your eyes may be difficult even if you are dead sober. The tests also do not account for any underlying medical conditions that could affect your ability to perform the tasks. For these reasons, field sobriety tests are generally not enough to determine impairment. They are notoriously unreliable. As a result, even if you agree to take them and fail, you could still fight your OWI charge in court.

It can be argued that field sobriety tests are set up for failure. There is a high likelihood that if an officer pulls you over and asks you to perform a field sobriety test, they already want to arrest you and are simply looking for additional evidence to do so.

Remember that you are not required by law to perform field sobriety tests simply because the officer asks. You have the right to refuse. Still, a refusal may cause an officer to arrest you or ask you to submit to chemical testing. It is highly unlikely that a refusal will result in the officer letting you go.

DUI Arrest Process

If you fail the field sobriety tests, or you refuse to take them, the next step will likely be the police officer placing you under arrest for suspicion of OWI. You have not been charged with a crime yet, but you have been detained and are not free to go at this point. The officer will next ask you to take a chemical test.  This can be either a breathalyzer, urine test, or blood test. Any of these can be used to measure your  BAC. In the case of a urine or blood test, they may also detect any controlled substances in your system.

If you have been lawfully arrested under suspicion of OWI, then you cannot refuse to take the test without suffering the consequences of Michigan’s implied consent law. A lawful arrest basically means that the officer had reasonable suspicion for the stop and had probable cause to make an arrest for  OWI.

While chemical tests are not perfect, they are the only objective way to determine what you have in your system. As a result, if the chemical test shows that you have a BAC of .08 or higher, then you will likely be charged with OWI.

It is important that you remember that in order to be convicted, the prosecutor must be able to show that you were intoxicated while operating your vehicle. A chemical test can only show what was in your system at the time you took the test. If there was a large gap of time between when you were operating your vehicle and when you took your test, it may be difficult for the prosecutor to prove that you were intoxicated when you were operating your vehicle.

You Can Refuse A Chemical Test, But Beware Of The Risks

Unless the police officer that arrested you obtains a warrant, you have the right to refuse chemical testing. However, under Michigan law, anyone who refuses chemical testing will have their driver’s license suspended for a period of one year. This law is known as implied consent. The police still must make you aware of your right to refuse and the consequences of doing so.

It is important to note that there are several types of refusals in Michigan. Clearly, a refusal can occur when you flat out refuse to take the test after being read your rights. Another type of refusal is when you initially submit to testing, but then do something that does not allow a detectable sample to be collected. An example of this is not blowing hard enough into the breathalyzer to register a breath sample.

Refusing a chemical test does not mean that there is no hope to get your license back. After your refusal, you will have 14 days to challenge your license suspension at an administrative hearing. This hearing is not a criminal matter. It is actually held in front of a Secretary of State officer. During the administrative proceeding, the police officer that arrested you must show that your refusal was unreasonable. If the Secretary of State officer decides that you violated the implied consent law, your license will be suspended for one year.

Critically, refusing a chemical test will not prevent you from being charged with OWI. Additionally, the arresting officer can force you to take a chemical test if they apply for and obtain a warrant. If the officer gets a warrant to conduct a blood test, then you must allow your blood to be taken. If you continue to refuse, the police might forcibly draw your blood. You should also be aware that refusing to take a  chemical test can still result in your license being suspended even if you are not charged with OWI. Your refusal alone can result in a license suspension.

DUI Legal Defenses

When you are charged with OWI, and your case heads to trial, the prosecutor is tasked with proving beyond a reasonable doubt that you are guilty. There are a number of possible defenses that may be at your disposal in your OWI case. Those defenses, if successful, create reasonable doubt. A successful defense strategy could cause your case to be dismissed or otherwise lead to your acquittal at trial. Here’s more on these defenses.

You Were Not Operating The Vehicle
A key component of any OWI case is establishing that you were operating the vehicle while you were intoxicated. In order to prove this, the prosecutor must show that you were in actual physical control of the vehicle. If you were asleep in the backseat of your car, and your keys were not near you, then it stands to reason that you were not in physical control of a vehicle. Similarly, if an officer never actually saw you inside of the vehicle, then they may have a difficult time proving that you were OWI.

The Officer Failed To Have Reasonable Suspicion To Pull You Over
If you were pulled over by the police, and this resulted in your OWI charge, then the prosecutor is tasked with proving that the police had reasonable suspicion to justify the stop. What this means is that the police cannot pull you over simply because they feel like it. In order for them to legally pull you over,  they must reasonably suspect that you broke the law or that you were about to break the law (e.g. the police see you driving like a maniac; the police see you staggering to your car). Otherwise, any evidence gathered from pulling you over may be thrown out.

The Officer Failed To Have Probable Cause To Arrest You
It is important to understand that a stop and an arrest are two different things. A stop is the act of the police pulling you over. An arrest is when they place handcuffs on you and bring you down to the station. First comes the stop, then the arrest. If you have been stopped by the police, then in order for them to arrest you for OWI, then they must have probable cause that you committed that crime. In most cases, they establish probable cause by observing and interacting with you after you have been pulled over. The smell of alcohol on your breath, bloodshot eyes, failed field sobriety tests, or an open alcohol container can all establish the necessary probable cause to arrest you for OWI.

If there is no probable cause to arrest you, then your lawyer can file a motion with the judge to have your chemical test results thrown out or even have your OWI case tossed in the trash.

The Police Did Not Read You An Implied Consent Warning Or Miranda Warning
If you are arrested for OWI, and the police ask you to take a chemical test, then they must warn you about the consequences of refusing to take it. If the police fail to warn you, then this could be used as a  defense not only in your OWI case but also at your implied consent hearing.

It is likely that you have heard of Miranda warnings (also known as Miranda rights) being read on television or in the movies. These are the rights that the police read to someone on who they are putting handcuffs on. A common example: “You have the right to remain silent. Anything that you say can be used against you. You have the right to an attorney.”

If you have been arrested for OWI, then the police must read you the Miranda warnings before they begin questioning you. What this means is that if you are under arrest or in police custody, and the police start to ask you questions without first reading you the Miranda warnings, then anything that you say to the police that is incriminating cannot be used at your OWI trial.

The Breathalyzer Test That You Took Was Inaccurate Or Defective
Michigan uses the DataMaster Breathalyzer to determine your BAC. This test is typically done at the police station. In order for the test to be done correctly, the machine must be working properly. Any defects in the machine or in the way it is being used could result in an inaccurate reading.

Similarly, the person who performs the test, typically a police officer, must be trained on how to use the machine. If the officer fails to follow the machine’s instructions or does not take steps to ensure that you give a clean breath sample, then the test results may not be reliable.

Because the test results are typically necessary in order for an OWI charge to stick, any irregularities in performing the test, or malfunctions with the machine, may cause the test results to be invalid. Without valid, accurate test results, the prosecutor may have no choice but to withdraw the charges against you.

Police Mishandled Your Blood Test, Or The Test Wasn’t Accounted For At  All Times
Not all OWI cases involve a breathalyzer test. If you are suspected of being under the influence of drugs,  then a blood test is necessary to determine what is in your system. Blood tests obviously require a  sample of your blood. Your sample may be collected at the police station or at the hospital. The sample is then sent to a lab that then performs the test. The sample must be accounted for every step of the way. Every person handling your sample, from the moment it is collected, must be able to show that it was handled properly and was not lost at any point in time. If the whereabouts of your sample are undetermined for any period of time, then your attorney can argue for that evidence to be eliminated based on the lack of a proper chain of custody.

If the prosecutor cannot show that your sample was accounted for at all times or that it was stored or transported properly, then your lawyer may argue that the test is not reliable. As with your breathalyzer test, if it can be shown by your attorney that your blood test may be inaccurate, then the judge may decide to exclude it from the evidence. If this happens, your OWI case may be dismissed.

You Were Drugged Or Tricked Into Drinking
Unfortunately, there are bad people out there who might spike your drink or mislead you into consuming drugs. Involuntary intoxication may be a defense to an OWI charge. What this means is that if you were drugged without your knowledge, or drank something that you were led to believe was non-alcoholic, then this could serve as the basis for your case being dismissed. Critically, you must understand that if you simply just don’t remember how you became intoxicated, then that will generally not serve as a defense to an OWI charge. Similarly, if you consumed a drink or drug without knowing or asking what it was, then this will also likely not count as an OWI defense. In order for this defense to be viable, you must be able to show that you became intoxicated through no fault of your own.

You Took A Bad Field Sobriety Test
Field sobriety tests are known to be unreliable. As a result, some are not admissible in court. A field sobriety test that was done under improper conditions or without conforming to the accepted test standards may not be reliable. This means that in order for the prosecutor to use a field sobriety test against you in court, then they must be able to show that the test was administered correctly. If the prosecutor is unable to do this, then that could be the basis for a motion to dismiss the charges.

Unless the officer has a warrant, you have the right to refuse a field sobriety test. In most instances, a  field sobriety test is done to gather the probable cause necessary to arrest you for OWI. Refusing may not stop an officer from arresting you, but it will limit the evidence that can later be used against you.  Keep in mind that if you are being asked to perform a field sobriety test, then the officer probably already suspects that you are OWI.

There Was An Emergency That Requires You To Drive Drunk
A situation could arise where you or a family member has an emergency that requires you to drive while intoxicated. An example of this is your mother suddenly having a stroke that requires immediate medical attention. If at the time of the stroke, you were intoxicated but chose to drive her to the hospital to save her life, then that may serve as a defense to OWI.

You Were Forced Or Coerced Into Driving Drunk
For this defense to be viable, you must be able to show that another person forced you to drive while you were intoxicated through their threat of or use of violence. You may also be required to show that you had a reasonable belief that your life or the life of another person was in immediate danger.

Challenging The Credibility Of Witnesses
In most OWI cases, the testimony of the officer that arrested you will be crucial to the prosecutor’s case against you. The officer’s observations and beliefs are often the basis for pulling you over and placing you under arrest. As a result, the credibility (believability) of the officer is especially important to the prosecutor’s case. At your trial, if your lawyer can show that the testimony of the officer contradicts what is in the police report, then that may cause the judge or jury not to believe them. Similarly, if the arresting officer has a history of lying or misconduct, then this may also be the basis for attacking their credibility.

The credibility of other witnesses who the prosecutor calls to testify may also be challenged. There are many ways for your lawyer to destroy the credibility of a witness. It is your lawyer’s job to ask the state’s witnesses hard questions in hopes of establishing that those witnesses’ memories or recollections may not be accurate or that the witnesses are simply mistaken in what they claim to have seen you do.

Why Hire An Experienced OWI Lawyer?

You Could Go To Jail
In Michigan, you can be handed a jail sentence on your first OWI conviction. Literally, no one wants to go to jail – not even for a day. Additionally, going to jail could cause a strain on the relationships that you have with your friends, family, employer, and community. This could be something that you never recover from. If you do not have an experienced OWI lawyer representing you, then you are rolling the dice on your future.

You Could Lose Your Job
Even if you are not sentenced to jail time, you still may lose your job if you are convicted of OWI. Don’t forget that an OWI conviction may also follow you for the rest of your life. An OWI conviction that shows up on your criminal background or driving record could make it difficult for you to find a new job too.

You Could Lose Your License
Without an experienced OWI lawyer, you may lose your license for an extended period of time. This can severely limit your mobility and sense of freedom. If you have kids that do not live with you, then without a valid driver’s license, you may be limited in your ability to spend time with them. Similarly, if other important things in your life require your use of transportation (e.g. going to work, going to the doctor’s office), then not having the ability to drive could be crippling.

You Could Take A Bad Plea Bargain
A good lawyer will know whether what the prosecutor is offering you in terms of a plea agreement is a  good deal or a raw one. If you decide not to hire an experienced OWI lawyer, or you go with a novice  attorney or overworked public defender, then you may end up taking the first deal that is offered to you  not knowing that there are possibly better options that could be on the table. A solid OWI lawyer will  thoroughly go over the facts of your case and give you much-needed clarity on whether taking the  prosecutor’s offer is truly in your best interest.

You Could Go Broke
If you do not have an experienced OWI attorney on your side, then the fines and fees resulting from an OWI conviction may be enough to bury you financially. The loss of your job in addition to the potentially exorbitant cost of an OWI conviction could place you in serious financial jeopardy. With the right lawyer though, you may be able to avoid financial ruin by crafting a strategy that either avoids a conviction or seriously limits what you will have to pay out of pocket.