Holiday DUI Patrols Increase in Michigan: Essential December Tips for Plymouth Drivers

Why Michigan Increases DUI Enforcement During the Holidays

December traditionally sees a rise in alcohol-related collisions across Michigan. Family gatherings, office parties, and New Year’s celebrations often involve drinking. To reduce risks, state and local police increase traffic patrols, particularly focusing on behavior consistent with impaired driving — such as erratic speed changes, failure to maintain lane position, or running traffic lights.

These efforts are not about unfairly targeting drivers but about preventing the devastating consequences of drunk driving. It’s also important to remember that Operating While Intoxicated (OWI) in Michigan is a serious criminal offense, not just a traffic ticket. The penalties can affect your driving privileges, finances, employment, and even personal freedom.

Understanding OWI (DUI) Under Michigan Law

Under Michigan Compiled Laws (MCL) 257.625, it is illegal to operate a vehicle while intoxicated by alcohol, drugs, or a combination of both. The law provides multiple definitions of “intoxicated” depending on the substance involved and the level of impairment.

• Operating While Intoxicated – Per Se: Having a blood alcohol concentration (BAC) of 0.08% or higher while operating a motor vehicle.
• Operating While Visibly Impaired (OWVI): Driving a vehicle while your ability to operate is visibly affected due to alcohol or drugs, even if your BAC is below 0.08%.
• High BAC or “Super Drunk”: A BAC of 0.17% or greater increases penalties substantially under Michigan law.
• Operating with Presence of Drugs: Under Michigan’s “zero tolerance” laws, the presence of certain controlled substances—such as THC or cocaine—can result in an OWI charge even without proof of impairment.

While Michigan has legalized limited recreational marijuana use, driving under the influence of cannabis remains illegal. Courts treat drug-involved OWI cases the same way as alcohol-related offenses when it comes to penalties and license sanctions.

Penalties for OWI in Michigan

OWI penalties depend on the specific charge and whether it is a first offense or a repeat conviction. Below are accurate, state-defined sanctions as of 2024:

First Offense OWI (BAC 0.08%–0.16%)

• Up to 93 days in jail
• Fines up to $500
• Driver license suspension for up to 180 days
• Community service up to 360 hours
• Possible ignition interlock device after reinstatement

High BAC (“Super Drunk”)

• Up to 180 days in jail
• Fine between $200 and $700
• License suspension for one year (with restrictions possible after 45 days if ignition interlock is installed)

Second Offense (within 7 years)

• Mandatory 5 days to 1 year in jail
• Fine between $200 and $1,000
• Minimum 1-year license revocation
• Vehicle plate confiscation and possible immobilization

Third Offense (Felony OWI)

• 1 to 5 years in prison or 30 days to 1 year in jail with probation
• Fine between $500 and $5,000
• Vehicle forfeiture or immobilization
• Indefinite license revocation

Keep in mind: Michigan’s Secretary of State imposes administrative sanctions in addition to criminal penalties. Even a plea reduction may result in restricted driving privileges or mandatory interlock installation. Once your license is suspended or revoked, restoring it requires compliance with strict reinstatement procedures through a hearing with the Office of Hearings and Administrative Oversight.

Michigan's Implied Consent Law

Under Michigan law, every licensed driver agrees—by the act of driving—to submit to a breath, blood, or urine test if lawfully arrested for OWI. Refusing a chemical test triggers the implied consent violation under MCL 257.625c.

• First refusal: 1-year driver license suspension
• Second refusal within 7 years: 2-year suspension

Drivers may request a hearing within 14 days of the suspension notice to contest the implied consent violation. If the hearing request is not filed on time, the suspension becomes automatic.

Importantly, refusing the test does not mean you cannot be prosecuted for OWI—officers may still obtain a search warrant to draw blood. If this happens, legal guidance is critical to ensure your rights are preserved.

Essential December Driving Tips for Plymouth Residents

With colder weather and more traffic on I-275, M-14, and local Plymouth roads, drivers should take extra precautions—especially when celebrations are part of the plan. Here are practical, legally sound tips to stay safe and avoid unwanted encounters with law enforcement during the holidays:

• Plan Ahead: If you expect to drink at any event, arrange transportation before you go. Whether it’s a designated driver, rideshare, or local shuttle, make plans early.
• Know Your Limits: Even small amounts of alcohol can impact driving ability. Impairment begins before reaching the legal BAC limit.
• Be Mindful of Prescription Medications: Some medications interact with alcohol or independently cause drowsiness. Mixing them can result in an OWI even without drinking.
• Be Courteous but Cautious in Traffic Stops: Always remain calm, provide identification, and follow lawful instructions. You have the right to remain silent and to request an attorney.
• Weather Awareness: Snow, slush, and ice increase stopping distance. Leave early, slow down, and maintain a safe following space.
• Keep Vehicle Paperwork Updated: Police look for expired plates or broken lights. Prevent unnecessary attention by keeping your vehicle in proper working order.
• Respect Zero Tolerance for Under-21 Drivers: Michigan law prohibits any detectable alcohol (BAC of 0.02%) for drivers under 21 years old. Penalties include fines and license restrictions.

What Happens if You Are Arrested for OWI in Plymouth, Michigan

If you are arrested in Plymouth, your case will likely be heard at the 35th District Court, located at 660 Plymouth Rd, Plymouth, MI 48170. This is the court that serves Plymouth, Northville, and Canton. The basic stages of the court process include:

1. Arraignment

You will be formally informed of your charges. Bail or bond conditions—such as alcohol testing or travel restrictions—are set at this time. An experienced attorney can often waive your in-person appearance for arraignment to minimize disruption to your schedule.

2. Pretrial Hearings

During pretrial, your attorney and the prosecutor will discuss the case, review evidence (such as bodycam footage or lab reports), and potentially negotiate reduced charges. Motions can be filed challenging the legality of the traffic stop, the accuracy of BAC tests, or requirements related to breath or blood evidence.

3. Trial

If no resolution is reached, your case may proceed to trial. A jury or judge will determine whether guilt is proven beyond a reasonable doubt. Issues often argued at trial include:

• Whether the stop was based on valid traffic observation.
• Whether the field sobriety or breath test was properly administered.
• Whether medical or environmental factors affected BAC results.

4. Sentencing

If convicted, the judge imposes sentence within the statutory range. Probation terms may include alcohol education, ignition interlock use, random testing, or community service. Failure to comply with court orders can lead to harsher penalties or license extensions.

Defending Against an OWI Charge

A skilled DUI defense attorney analyzes every piece of evidence and procedural step to identify weaknesses in the prosecution’s case. Common defenses include:

• Lack of Reasonable Suspicion: Police must have a specific reason for a traffic stop. If they cannot justify it, evidence may be suppressed.
• Faulty Breathalyzer Calibration: Michigan administrative rules require accurate, regularly tested devices. Improper calibration can invalidate results.
• Medical Conditions: Acid reflux, diabetes, or certain diets can skew BAC readings and lead to wrongful arrest.
• Improper Arrest Procedure: Failing to inform you of legal rights or mishandling testing may result in case dismissal.

The goal is not simply to avoid penalties but to ensure fair treatment under Michigan law. Defense strategies must be based on fact and procedure; small technical errors can make significant differences in outcomes.

Alternatives and Community Resources During the Holidays

Plymouth and surrounding cities encourage safe driving with local community ride programs and partnerships between businesses and public safety departments. Many bars and restaurants offer discounts for designated drivers or cooperate with ride-share services for promotional rides home. Choosing these options helps you avoid legal trouble and keeps the roads safer for everyone.

Some employers and organizations schedule their events earlier in the day to reduce alcohol-related incidents, while others provide on-site lodging or transportation reimbursement. Taking advantage of these options demonstrates responsibility and awareness of Michigan’s strict OWI laws.

Driver License Restoration After an OWI in Michigan

Once your period of suspension or revocation has ended, getting your license back is not automatic. You must file for a hearing through the Michigan Department of State’s Office of Hearings and Administrative Oversight (formerly the Administrative Hearings Section). For revocations, such as those resulting from multiple OWI convictions, you must prove “clear and convincing evidence” of sobriety and rehabilitation.

Supporting evidence may include:

• Substance abuse evaluation by a licensed counselor
• Letters of community and recovery support
• Proof of attendance in sobriety programs
• Negative drug and alcohol test results

Appearing prepared with proper documentation is essential. A knowledgeable attorney assists with preparing these materials, ensures hearing readiness, and helps establish your eligibility for reinstatement or restricted driving privileges.

When to Contact a DUI Defense Attorney

If you’ve been arrested or charged with OWI during Michigan’s holiday patrol season, do not wait to seek representation. Mistakes made early—such as missing deadlines or making statements to police without counsel—can worsen your situation. Legal advice should be obtained immediately after release or even upon receiving a traffic citation that could escalate into a criminal case.

Attorney Aaron J. Boria provides experienced representation for DUI, OWI, and related charges throughout Wayne County and across Michigan