Mother's Day Brunch and OWI: How a Few Mimosas Can Become a Michigan Criminal Charge

Mother's Day brunch is one of the most quietly dangerous days of the year for OWI arrests. People who would never drive home from a bar at 1 a.m. think nothing of having two or three mimosas at brunch and getting behind the wheel at 1 p.m. to take Mom home. The legal standard does not change with the time of day.

.08 Is .08 — Even at Lunch

Under MCL 257.625, the legal BAC limit in Michigan is .08. There is no "daytime" exception. The High BAC threshold of .17 triggers enhanced penalties regardless of when you were stopped.

For an average adult, three mimosas in an hour can put a person at or above the legal limit. Champagne and prosecco produce alcohol absorption patterns that some people misjudge, especially on an empty stomach.

Kids in the Car: A Major Aggravator

If you are arrested for OWI with a child under 16 in the vehicle, Michigan law treats it as OWI with a Child Passenger under MCL 257.625(7). The penalties for a first offense include:

• Up to one year in jail,
• A fine of $200 to $1,000, and
• Possible community service.

A second offense within 10 years becomes a felony punishable by up to five years in prison.

This is the statute most often missed by people who would never consider drinking and driving at night but do not think twice about driving the kids home from brunch.

Standard First-Offense OWI Penalties

For a regular first-offense OWI without aggravating factors:

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

Practical Tips for Mother's Day

• Designate a non-drinking driver.
• Take a rideshare home and pick up your vehicle later.
• Eat substantially before and during brunch.
• Remember that you can be charged based on observations of impairment, not just a BAC reading. If you are visibly impaired, you can be charged with OWVI even at a BAC below .08.

Call Boria Law Today

If you were arrested for OWI on Mother's Day or any other day, attorney Aaron J. Boria of Boria Law can help. Boria Law represents Plymouth-Canton area drivers and is familiar with how the 35th District Court handles OWI cases, including those involving child passengers.

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