Michigan’s OWI Laws: What You Need to Know

Michigan law prohibits operating a vehicle while under the influence of alcohol or drugs. There are three main drunk driving charges you could face:

• Operating While Intoxicated (OWI): This occurs when a driver has a blood alcohol concentration (BAC) of 0.08% or higher, or when their ability to drive is impaired by alcohol or drugs.
• OWI High BAC (Super Drunk Law): If your BAC is 0.17% or above, you could face enhanced penalties under Michigan’s "Super Drunk" law.
• Operating While Visibly Impaired (OWVI): Even if your BAC is below 0.08%, you can still be charged if the officer believes your ability to drive was visibly impaired.

Michigan also enforces an Implied Consent Law, which means that by driving on Michigan roads, you automatically consent to a chemical test if arrested for OWI. Refusing this test can lead to an automatic suspension of your driver’s license.

Penalties for Drunk Driving in Michigan

Michigan courts take OWI offenses seriously, and the penalties increase in severity if you have prior convictions. Here’s what you can expect if you’re convicted:

First Offense OWI

• Up to 93 days in jail
• Fines between $100 and $500
• Up to 360 hours of community service
• License suspension for up to 180 days
• Possible ignition interlock device (IID) requirement
• Six points added to your driving record

First Offense High BAC (Super Drunk)

• Up to 180 days in jail
• Fines between $200 and $700
• Mandatory license suspension for one year
• Mandatory ignition interlock device if a restricted license is granted
• Six points added to your driving record

Second Offense OWI (Within 7 Years)

• 5 days to 1 year in jail
• Fines between $200 and $1,000
• 30 to 90 days of community service
• License suspension for a minimum of one year
• Mandatory ignition interlock device
• Possible vehicle immobilization
• Six points on driving record

Third Offense OWI (Felony)

• 1 to 5 years in prison
• Fines between $500 and $5,000
• 60 to 180 days of community service
• License revocation for a minimum of one year
• Mandatory ignition interlock device
• Vehicle forfeiture or immobilization
• Six points on driving record

These penalties don’t include the hidden costs of an OWI, such as increased insurance rates, court fees, and the impact on your employment opportunities.

What to Do If You’ve Been Arrested for OWI

If you are arrested for OWI after a March Madness watch party, taking the right steps can significantly impact the outcome of your case.

1. Remain Calm and Compliant

Being pulled over can be a nerve-wracking experience, but staying calm and respectful with law enforcement is crucial. If an officer suspects you of drunk driving, you will likely be asked to step out of the vehicle for field sobriety tests.

2. Consider Your Right to Remain Silent

You have the right to remain silent. Avoid making any statements that could be used against you later in court. You are only required to provide basic identifying information.

3. Understand the Consequences of Refusing the Breathalyzer

Michigan’s implied consent law means refusing a breath test can result in an automatic one-year license suspension. However, it’s important to understand that even if you refuse, law enforcement may obtain a warrant for a blood test.

4. Contact an Experienced OWI Attorney Immediately

Time is critical when dealing with OWI charges. A skilled criminal defense attorney can evaluate your case, challenge field sobriety test results, and fight to reduce or dismiss your charges.

If you are facing OWI charges, call Aaron J. Boria, PLLC at (734) 453-7806. We offer expert legal representation to help protect your rights and navigate the legal system effectively.

How a Michigan OWI Lawyer Can Help

A drunk driving defense attorney can gather evidence, examine police reports, and challenge any procedural mistakes in your case. Here’s how a lawyer can assist you:

• Arguing for reduced or dropped charges
• Challenging the validity of the traffic stop or breathalyzer results
• Helping you retain driving privileges through restricted or hardship licenses
• Negotiating favorable plea deals (if necessary)

Having a legal expert on your side can make all the difference in the outcome of your case. Don’t navigate the legal system alone.

Final Thoughts

March Madness should be a time of fun and excitement, but one wrong decision can lead to life-changing consequences. Michigan’s penalties for drunk driving are severe, but with the right defense strategy, you can protect your future.

If you or a loved one is facing drunk driving charges, don’t wait—seek legal representation immediately. OWI defense requires experience and a deep understanding of Michigan law. Contact Aaron J. Boria, PLLC at (734) 453-7806 for a free consultation.