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Cinco de Mayo brings full restaurants and bars to Ann Arbor Road, Main Street, and downtown Plymouth. With margarita specials and packed patios, the conditions for OWI arrests, fights, and disorderly conduct calls all come together. Here is what to know about Michigan law before — or after — a Cinco de Mayo arrest.

OWI Charges

Under MCL 257.625, you can be charged with Operating While Intoxicated if your BAC is .08 or more, your ability to drive is visibly impaired, or you have any amount of a Schedule 1 controlled substance or cocaine in your system. Margaritas and tequila shots can move BAC up faster than many drinkers realize — a typical large margarita can contain the equivalent of 2 to 3 standard drinks.

First-Offense OWI Penalties

  • Up to 93 days in jail (180 days for High BAC of .17 or above),
  • Fines of $100–$500 (or $200–$700 for High BAC),
  • A 30-day hard license suspension and 150 days of restricted driving,
  • Six points on your record,
  • Mandatory substance abuse assessment.

Open Intoxicants in a Vehicle

MCL 257.624a makes it a misdemeanor to transport an open or uncapped alcoholic beverage container in the passenger area of a vehicle. This applies to the driver and any passenger.

Disorderly Conduct and Assault

Fights at bars and restaurants are a frequent source of charges. Common ones include:

  • Disorderly conduct under MCL 750.167 (90-day misdemeanor).
  • Assault and battery under MCL 750.81 (93-day misdemeanor).
  • Aggravated assault under MCL 750.81a (one-year misdemeanor) if injuries occur.
  • Felonious assault under MCL 750.82 if a weapon is involved — a four-year felony.

MIP Charges

For anyone under 21 caught with alcohol, MCL 436.1703 makes a first offense a civil infraction with a fine up to $100. A second offense is a misdemeanor with potential jail time, and a third or subsequent offense further escalates penalties.

Where Plymouth Cases Are Heard

Arrests in the City of Plymouth and Plymouth Township go through the 35th District Court in Plymouth. The arraignment is the first hearing and a critical point for getting an attorney involved.

What You Should Do

  • Be cautious about anything you say to officers or post on social media.
  • Save any receipts, photos, and witness contact information.
  • Get a lawyer involved before your first court date.

Call Boria Law Today

If you were arrested in Plymouth after Cinco de Mayo, attorney Aaron J. Boria of Boria Law can help. Boria Law handles OWI, assault, and disorderly conduct cases throughout the 35th District Court.

Call (734) 453-7806 today for a free consultation.