Operating While Intoxicated in Michigan is the most common drunk driving offence. As a result, our DUI defense experts have handled hundreds of these cases. As a result, we understand the number one goal of clients is to avoid jail time and protect their future. Through our decades of combined experience, we understand exactly what it takes to navigate the harsh and complex Michigan DUI laws and ensure a client’s future isn’t ruined by a mistake.

George Law is Lead Counsel Verified and recognized as experts in DUI defense. We have the knowledge, experience, and expertise to keep you out of jail and protect your future. If you’ve been arrested in Michigan for an OWI, or need help restoring your driver’s license, call our DUI attorneys for free consultation today.

Michigan OWI Laws

Michigan’s laws for Operating While Intoxicated (OWI) are dictated through the Michigan Vehicle Code MCL 257.625. According to these laws, you can be charged with an OWI if you’re suspected of operating a motor vehicle with a Blood Alcohol Content (BAC) of .08% or more.

There are different classifications of OWI charges with varying penalties depending on whether the offender has prior OWI convictions. Other factors that may impact the classification and enforcement of penalties include: whether or not there was an accident involved, if the offender is a juvenile/minor, and the offender’s blood alcohol content (BAC) at the time of the arrest.

Here’s a basic outline of OWI charges under Michigan law below. If you’d like to learn more about factors that influence these charges and enforcement of penalties, we published an extensive guide on Michigan DUI laws.

Operating While Intoxicated (First Offence)
Under Michigan law, a 1st offence OWI yield a $200-$1,000 with 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 Intoxicated (Second Offence)
Under Michigan law, a 2nd offence OWI yield a $200-$1,000 fine with 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.

Operating While Intoxicated (Third Offence)
Under Michigan law, a 3rd offence OWI yields a $500-$5,000 fine with 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.

Potential Consequences

All Michigan drunk driving convictions carry serious consequences. For a first OWI offense, you face up to 93 days in jail, up to $500 in fines, alcohol and drug evaluation, 30 days of driver’s license suspension followed by 150 days of restricted driving. You may be required to use an ignition interlock device on your vehicle.

You also face a $125 driver’s license reinstatement fee, a $1,000 driver responsibility fee, up to 360 hours of community service, higher auto insurance rates and possible loss of employment. The consequences for super drunk driving (driving with a blood alcohol content level of .17 percent) or a second offense are significantly higher. A third DUI/OWI offense is a felony.

Given the consequences you face, no one should face OWI charges without an experienced defense attorney. We offer a free initial consultation to discuss your alcohol-related offense and your legal options.

In some cases, an experienced defense lawyer can reduce OWI charges to a non-alcohol-related offense such as:

• Allowing an intoxicated person to drive
• Allowing an unlicensed driver to drive
• Reckless driving
• Careless driving

OWI Arrest & Trial Process

Being arrested for an OWI is a frightening experience that usually begins with spending the night in jail and your vehicle being impounded.

Spending the night in jail after an OWI arrest can come as a shock, especially if you have never been arrested before. However bleak your situation may seem, there is always something an experienced attorney can do to minimize the consequences.

The steps after an OWI arrest are usually as follows:

1. Arraignment – Shortly after your arrest, you need to attend an arraignment. During your arraignment, the judge will explain the charges against you and ask you to enter a plea. You should have an attorney represent you at the arraignment. The judge will set a bond to get you out of jail. The judge may set a requirement for a drug or alcohol evaluation.
2. Driver’s License Suspension – Your driver’s license may be suspended automatically. For a first OWI offense, the suspension period is typically 30 days, after which you can obtain a restricted license.
3. Pretrial Hearing – Your attorney may negotiate a plea bargain or seek dismissal of the charges depending on the facts of your case.
4. Second Pretrial Hearing – If your case isn’t resolved at your first pretrial hearing, you will have a second pretrial hearing. Most DUI/OWI cases are resolved at either the first or second pretrial hearing. If your case isn’t resolved, you will proceed to trial.
5. Pre-sentencing Investigation – Once your case is resolved by negotiation or trial, the court will order a pre-sentencing investigation (PSI).

The sooner you contact an attorney, the more options you will have to fight driver’s license suspension and the drunk driving charges.

Free Advice From An OWI Lawyer

The sight of flashing lights in your rear view mirror can be an alarming experience, especially if you have had a few drinks. How you respond can make a big difference in what happens next during a DUI stop in Michigan.

There are two things you should realize right away:

• Everything you say and do will be recorded
• Anything you say to the officer can and will be used against you

At George Law, we offer a free initial consultation to discuss the DUI/OWI court process. From our office in Royal Oak, we represent people in the Detroit metro area and throughout Michigan who are accused of drunk driving.