Thanksgiving Travel Season: Understanding Increased DWI Enforcement and Essential Steps After Multiple OWIs

Thanksgiving and the Rise in DWI/OWI Enforcement

Every year, Michigan law enforcement agencies participate in national campaigns such as “Drive Sober or Get Pulled Over.” These initiatives align with the Thanksgiving travel period due to the historically high rate of alcohol-related traffic crashes and fatalities. The Michigan Office of Highway Safety Planning (OHSP) coordinates efforts among state police, county sheriffs, and local departments to increase visibility on roadways from late November through early December.

What does this mean for drivers? Increased patrols, sobriety checkpoints, and zero-tolerance toward impaired driving behavior. Even minor traffic infractions—such as speeding or failing to signal a lane change—can quickly lead to an OWI investigation if an officer detects the odor of alcohol or notices certain physical indicators of impairment.

Statistics from the Michigan State Police Criminal Justice Information Center typically show a sharp uptick in impaired driving arrests during this time. The presence of overnight enforcement, saturation patrols, and multi-agency traffic safety operations means you’re far more likely to encounter officers specifically trained in OWI detection and roadside testing procedures.

Understanding Michigan OWI Laws

Under Michigan law, an OWI (Operating While Intoxicated) charge is a serious criminal offense defined by Section 257.625 of the Michigan Vehicle Code. This law prohibits operating a motor vehicle:

• With a blood alcohol concentration (BAC) of 0.08% or higher (the general legal limit).
• While “visibly impaired,” meaning your ability to operate safely is noticeably affected by alcohol, drugs, or both.
• With a BAC of 0.17% or higher, known as a “High BAC” or “Super Drunk” offense, which carries enhanced penalties.
• While under the influence of controlled substances (including marijuana, even with a medical or recreational authorization, if impairment is shown).

Michigan has also enacted “Zero Tolerance” laws for drivers under the age of 21, making it illegal for them to operate with any measurable BAC (0.02% or higher). Law enforcement agencies strictly enforce these provisions during major holidays when underage drinking is common.

While first-time offenders often face misdemeanor charges, repeated OWI convictions can quickly escalate to felony status. The courts and Secretary of State treat multiple convictions as evidence of a pattern of behavior, subjecting drivers to long-term consequences on both criminal and administrative levels.

Consequences of Multiple OWI Convictions in Michigan

Michigan’s OWI penalties increase significantly with each prior conviction. If you’re entering the Thanksgiving season with one or more prior drinking and driving convictions, it’s crucial to understand the stakes. The following overview outlines what multiple OWIs can mean under current law:

Second Offense Within Seven Years

• Jail: Up to one year in jail, with a mandatory minimum of five days (many judges impose substantially more).
• Fines: Between $200 and $1,000 plus court costs.
• License Sanctions: Mandatory one-year revocation of driving privileges.
• Vehicle Forfeiture or Immobilization: Required under Michigan law for repeat offenders.
• Ignition Interlock Device: Often required for license reinstatement following revocation.

Third Offense or More (Felony OWI)

If you have two prior OWI convictions at any point in your life, a new OWI is charged as a felony under MCL 257.625(9). This carries much harsher penalties and more lasting consequences:

• Prison: One to five years in the Michigan Department of Corrections, or at least 30 days to one year in jail followed by probation.
• License Revocation: Minimum one-year revocation (five years if a previous revocation occurred within seven years).
• Vehicle Forfeiture: The vehicle involved in the offense may be subject to forfeiture proceedings.
• Probation and Treatment: Mandatory substance abuse assessments, alcohol education, counseling, and frequent testing.

Aside from criminal penalties, the collateral consequences are extensive—higher insurance rates, employment restrictions, and travel limitations can persist for years.

Driver’s License Revocation and Restoration Process

A critical element for anyone with multiple OWI convictions is license reinstatement. In Michigan, your driver’s license isn’t merely suspended after multiple offenses—it’s revoked. That means it doesn’t automatically come back after a period of time. You must petition the Michigan Secretary of State’s Driver Assessment and Appeal Division (DAAD) for reinstatement.

Step 1: Establishing Eligibility

Eligibility depends on the timing and number of prior revocations. Typically, you must wait at least one year before applying for restoration after a second offense, and at least five years if your license was previously revoked within a seven-year window.

Step 2: Documenting Sobriety

Applicants must demonstrate a period of sustained sobriety, generally at least 12 months of verified abstinence. Supporting documentation can include alcohol testing records, testimonial letters, counseling evidence, and active participation in recovery programs (though formal AA attendance isn’t required if you can show recovery through other means).

Step 3: Substance Use Evaluation

You’ll be required to submit a comprehensive substance use evaluation conducted by a licensed substance abuse professional. The evaluation must follow the state’s standardized format and provide detailed information about your history, risk factors, and prognosis for continued sobriety.

Step 4: Hearing or Administrative Review

Applicants can request a hearing before a DAAD hearing officer or submit for an administrative review (available only to out-of-state residents). At the hearing, your credibility and documentation are paramount. The burden is on you to prove by clear and convincing evidence that your alcohol or drug problem is under control and likely to remain so.

Step 5: Restricted License and Interlock Device

If your petition is granted, you’ll often be issued a restricted driver’s license requiring an ignition interlock device. After one successful year, you may petition again for full driving privileges. Violations or failed tests can reset the process, so compliance is essential.

What to Expect if You’re Arrested Over the Thanksgiving Holiday

Being arrested during a holiday weekend adds certain logistical challenges. Courts are typically closed on Thursday and Friday, meaning arraignments or bond hearings could be delayed until the following Monday. You may be held longer than usual depending on your bond status, and with a prior record, obtaining release conditions can be more complex.

Here’s what normally happens following an arrest:

• Booking: After arrest, you’ll be taken to a local police department or county jail where your fingerprints and photographs are taken.
• Chemical Testing: Officers may request a breath or blood test. Refusal triggers Michigan’s Implied Consent Law, which leads to automatic license suspension by the Secretary of State.
• Arraignment: You’ll be formally charged and given a chance to plead. Bond conditions—such as remote breath testing, alcohol monitoring, or travel restrictions—are set by the judge or magistrate.
• Pretrial and Discovery: Your attorney will analyze police reports, recordings, chemical test data, and bodycam footage to build a defense.
• Plea Negotiations or Trial: Depending on evidence and your history, your attorney may pursue charge reductions, sobriety court admission, or proceed to trial.

Defending Against Multiple OWI Charges

Although facing a repeated OWI charge may seem overwhelming, Michigan law still requires prosecutors to prove every element of the offense beyond a reasonable doubt. Effective defense strategies often focus on challenging the legality of the stop, accuracy of BAC testing, and procedural compliance during the arrest.

• Unlawful Stop: Police must have a valid legal reason to initiate the traffic stop. If the stop lacked probable cause or reasonable suspicion, all evidence following the stop may be excluded.
• Improper Testing or Calibration: Breathalyzer or DataMaster DMT machines must be properly calibrated and operated by certified personnel. Errors in calibration logs or operator credentials can invalidate test results.
• Violation of Rights: Failure to read Miranda rights, denial of an independent blood test, or improper search procedures can all form part of a constitutional defense.
• Medical Explanations: Certain medical conditions, diets, or environmental contaminants can cause falsely elevated BAC readings.
• Chain of Custody Issues: In blood alcohol cases, improper storage or handling of samples undermines the reliability of test outcomes.

For individuals with multiple convictions, mitigating factors such as demonstrated sobriety, participation in treatment programs, or compliance with probation conditions can also influence sentencing outcomes and potential eligibility for specialty courts like Sobriety Court.

The Role of Sobriety Court in Michigan

Sobriety Courts are specialized programs that focus on treatment and accountability for repeat OWI offenders. Not every jurisdiction in Michigan offers them, but many—including Wayne, Oakland, and Washtenaw counties—have active programs. Participation can reduce jail time, provide access to treatment resources, and even accelerate license reinstatement eligibility when combined with the ignition interlock program under MCL 257.304.

To qualify, defendants must typically show a willingness to address substance use issues and adhere to strict supervision terms, including frequent testing, counseling, and regular hearings before the judge. Successful completion can lead to significant long-term benefits, both legally and personally.

Staying Safe and Avoiding OWI Arrests During the Thanksgiving Season

Prevention is always the best strategy. Here are practical ways to stay safe—and stay out of legal trouble—this holiday season:

• Plan Ahead: Designate a sober driver or arrange for rides through a transportation service like Uber or Lyft before the festivities begin.
• Stay Overnight: If you’re traveling to a friend or family gathering, consider staying overnight rather than driving home late.
• Monitor Your Intake: Remember that in Michigan, even “buzzed” driving can constitute OWI if your ability to operate safely is impaired.
• Be Cautious with Medications: Many prescription and over-the-counter drugs can cause drowsiness or impair coordination.

Even small steps toward responsibility can prevent serious consequences—not just legally, but in terms of safety for you and everyone on the road.

Getting Help After an OWI Arrest

If you’ve been charged with an OWI, especially during Michigan’s heightened Thanksgiving enforcement period, getting skilled legal representation immediately is vital. The process of defending multiple OWI charges, restoring your license, and navigating complex state laws requires in-depth knowledge of Michigan’s courts and administrative rules.