Michigan DUI Law: Understanding the Basics

In Michigan, DUI laws are governed by the Michigan Vehicle Code and cover a wide range of offenses including OWI (Operating While Intoxicated), OWVI (Operating While Visibly Impaired), and the "Super Drunk" law for those with a high blood alcohol content (BAC). For adults over the age of 21, a BAC of 0.08% or higher is considered operating under the influence. For commercial drivers, the limit is 0.04%, and for drivers under 21 years, any BAC over 0.02% can result in arrest.

Some of the common charges you might face if stopped during Halloween include:

• OWI – Operating While Intoxicated: Evidence can include a failed field sobriety test, breathalyzer result above .08%, or other indications of impairment.
• OWVI – Operating While Visibly Impaired: No specific BAC level is needed; an officer just needs to show you were clearly impaired by alcohol or drugs.
• Super Drunk: Driving with a BAC of .17% or higher comes with stiffer penalties, including up to 180 days in jail even for first-time offenders.
• Refusing a Chemical Test: Michigan’s Implied Consent Law states that if you refuse a breath, blood, or urine test, your driver's license can be suspended automatically for one year with six points added to your driving record.

This is serious business. A conviction doesn’t just mean a slap on the wrist — it can affect your driving privileges, cost you thousands in fines and fees, and even land you in jail.

How Increased Police Patrols Impact DUI Arrests on Halloween

Every Halloween weekend, local police departments, including those in Plymouth, Ypsilanti, Northville, and Canton, amp up enforcement. It’s not uncommon for funds to be allocated for drunk driving “crackdown weekends” via federal and state government grants through the Michigan Office of Highway Safety Planning. These funds allow for overtime pay, sobriety checkpoints, and more officers on the road.

Increased visibility of patrol cars may limit some drunk driving activity, but it also means more traffic stops, more field sobriety tests, and more OWI arrests. During Halloween 2023, for instance, many drivers found themselves pulled over for something as minor as a broken taillight or failing to use a turn signal, which escalated once alcohol was suspected. Even if you’re under the legal limit, you may still be charged if the officer claims visible signs of impairment.

Field Sobriety and Chemical Tests

During these traffic stops, officers will often ask drivers to perform standardized field sobriety tests (SFSTs), like the walk-and-turn or the horizontal gaze nystagmus. If the officer believes you’re impaired, you’ll be asked to submit to a chemical test. Remember: under Michigan law, refusing these tests after arrest can lead to a separate penalty under the Implied Consent Law, including an automatic one-year license suspension.

What Happens After a Halloween Weekend DUI Arrest?

If you’re arrested for OWI over Halloween weekend, your case will likely be heard at the 35th District Court located at 660 Plymouth Rd, Plymouth, MI 48170. Here’s what you can expect:

Arraignment

You’ll first appear in court for your arraignment, where the judge reads the formal charges against you and sets bond conditions. This is a critical stage where having experienced legal representation can begin to make a major difference. In many cases, an attorney can waive the arraignment entirely, sparing you the embarrassment and stress of sitting in open court.

Pretrial Hearings

After arraignment, pretrial conferences allow the opportunity to negotiate a plea deal, request police body cam footage, and contest issues like the legality of the stop, the manner in which field sobriety tests were conducted, or the accuracy of chemical testing equipment. This is where a skilled attorney can push for reduced charges or even a complete dismissal.

Trial or Plea Agreement

If no resolution is reached in the pretrial stage, then your case may go to a bench or jury trial. Trials for OWI offenses in Plymouth are relatively rare—most cases resolve beforehand. But if needed, your case will be presented before a judge or jury, where your attorney will challenge the state’s evidence at every opportunity.

Halloween DUI Penalties in Michigan

Even if it's your first time being charged after a Halloween party, the consequences are tough.

• First Offense OWI: Up to 93 days in jail, fines up to $500, 360 hours of community service, and a 6-month license suspension (with potential for restricted license after 30 days).
• Super Drunk: Up to 180 days in jail, fines up to $700, and a mandatory alcohol treatment program.
• Second Offense: Mandatory minimum of 5 days in jail (up to 1 year), loss of driver’s license for at least one year, and installation of an ignition interlock device.
• Third Offense: Felony charge, 1 to 5 years in prison, vehicle forfeiture, and lifetime license revocation in some cases.

Simply put, a Halloween OWI can haunt you for far more than one spooky weekend — it can impact your life for years to come.

How to Fight a Halloween DUI in Plymouth

No matter what day of the year you're arrested, fighting a DUI charge requires careful legal strategy. If you were pulled over during the Halloween patrol blitz, there are several common defenses that may apply:

• Unlawful Traffic Stop: Officers must have reasonable suspicion to pull you over. If you weren’t violating traffic laws or acting erratically, the stop may be challenged.
• Faulty Testing Equipment: Breathalyzers must be properly calibrated and administered. If not, results can be thrown out.
• Improper Field Sobriety Test Administration: Officers must follow strict guidelines. Weather, poor lighting, and even your footwear can impact results.
• Medical Conditions: Conditions like acid reflux, diabetes, or neurological disorders may explain unusual behavior or inflated test results.

Don’t assume your case is open-and-shut. Every detail matters — and with the right DUI defense attorney, you can challenge the charges and work toward the best outcome possible.

Does Increased Policing Actually Improve Safety?

The short answer: Yes, but it’s a bit more complicated than that. Halloween is a time for children to walk the streets and for adults to enjoy themselves at parties. The increased police presence arguably makes roadways safer, and statistics have shown a decrease in DUI-related fatalities during these high-enforcement weekends.

However, critics argue that these patrols can also result in overly aggressive policing, wrongful arrests, or pressure to meet quotas. If you were targeted unfairly or treated improperly during a Halloween arrest, it’s even more critical to protect yourself with strong legal representation.

Need Help With a DUI Arrest From Halloween Weekend?

If you were arrested for DUI in Plymouth over Halloween—or any time of year—you need a lawyer who knows the local courts, knows Michigan law, and knows how to fight for you.

At Boria Law, our legal team understands the stress of facing OWI charges and knows the 35th District Court system inside and out. We’ve handled countless DUI cases, many resulting in reduced charges, dismissals, or minimized penalties. Don't wait—get help from an experienced Plymouth DUI lawyer.

Call us today at (734) 453-7806 for a free and confidential consultation. Let’s talk about your case and build a strategy to protect your rights and your license.

Conclusion

Halloween may be a time for fun, but don’t let a DUI arrest cast a shadow over your future. Increased police patrols in Plymouth and across Michigan during the holiday weekend mean more drivers are pulled over and arrested—even in cases involving low BAC or questionable evidence.

Knowing your rights and having the right defense team on your side can make all the difference. Whether it’s your first DUI arrest or you’ve had past convictions, each case brings unique challenges and opportunities for defense. The law may be strict, but it leaves room to fight — and we are here to help you do just that.

Call Boria Law today at (734) 453-7806