What Is an OWI Under Michigan Law?

In Michigan, OWI stands for Operating While Intoxicated and is part of the broader set of offenses commonly called “drunk driving” or “DUI.” A first offense OWI is typically a misdemeanor, but it still carries significant consequences. You can be charged if:

• Your Blood Alcohol Content (BAC) is 0.08% or higher
• You’re impaired by alcohol, drugs, or both
• You refuse a chemical test and are found to be under the influence through other evidence

OWI includes both standard drunk driving and the more serious high BAC charge (also known as “Super Drunk”) if your BAC is 0.17% or higher. For many visitors to Plymouth’s nightlife scene, including those who frequent local breweries and wine tasting rooms, one too many glasses can quickly lead to trouble. Even if your BAC is slightly over .08, you could still face arrest and prosecution.

Penalties for a First-Time OWI in Plymouth, Michigan

A first offense doesn’t mean you’ll get off easy, but courts do recognize the difference between first-time offenders and those with multiple convictions. Still, you’ll want to take it seriously. Here’s what you could be facing under Michigan law:

• Up to 93 days in jail
• $100 to $500 in fines
• 360 hours of community service
• License suspension for 30 days followed by a 150-day restricted license
• Six points added to your driving record
• Driver Responsibility Fee: Although now abolished, older cases might still reference them
• Mandatory alcohol education or substance abuse counseling

Beyond the legal penalties, a conviction also brings a criminal record, increased car insurance rates, and possibly even employment challenges. That’s why it is crucial to talk to an experienced defense attorney as soon as possible.

The Court Process in Plymouth After a First-Time OWI

1. The Arrest and Booking

If you are pulled over and suspected of drunk driving, Plymouth police may conduct field sobriety tests and request a breath or blood test. If your BAC is over the legal limit—or you refuse the test under implied consent rules—you’re likely headed to the station for booking. This will include fingerprinting, photos, and initial data entry into the Michigan State Police system. You’ll be released on bond, either by paying yourself or with conditions like an alcohol tether.

2. Arraignment at 35th District Court

You’ll appear at the 35th District Court located at 660 Plymouth Rd, Plymouth, MI 48170. If you’ve hired a lawyer before this hearing, they can often arrange a waiver of arraignment in misdemeanor cases. If not, the judge will read the charges, advise you of your rights, and set bond conditions.

Common bond conditions include:

• No alcohol or drug use
• Order not to return to the place of arrest, such as a bar or restaurant

Having legal representation at this stage makes a big difference. An experienced OWI defense lawyer can negotiate more favorable bond terms and start strategizing your defense early.

3. Pretrial Conference

The next step is the pretrial conference. This is where your attorney meets with the prosecutor to negotiate possible resolutions. For a first-offense OWI, plea bargains can sometimes lead to reduced charges—especially if the stop was marginal or the BAC was close to the legal limit. Some potential outcomes include:

• Reckless driving plea: This keeps an OWI off your record and avoids some license sanctions
• Careless driving: Considered a civil infraction, not a criminal offense

4. Motion Hearings (If Required)

Your attorney may file motions if there are issues with the arrest, such as an unlawful stop, improper testing procedures, or lack of probable cause. These legal challenges don't always result in a dismissal but can improve your negotiation because they show weaknesses in the prosecution's case.

5. Trial

If no deal is reached and you don’t enter a plea, your case will proceed to trial. This could be a bench trial (before a judge) or a jury trial. Your attorney would present your side, challenge the prosecution’s evidence, and question the legality of field sobriety results, testing calibration, and police conduct.

6. Sentencing

If convicted (or if you plead guilty), you'll return to court for sentencing. The judge decides penalties based on crime severity, behavior since arrest, and any mitigating factors. Pre-sentencing reports and alcohol assessment tests are often used here.

Getting to Know the Judges at Plymouth’s 35th District Court

The 35th District Court hears local misdemeanor OWI cases. Understanding who may hear your case helps you and your attorney craft the right approach. The bench includes:

• Judge Michael Gerou: Known for his analytical approach and deep investment in Sobriety Court programs. He emphasizes rehabilitation, especially for first-time offenders who show remorse and take positive steps.
• Judge James Plakas: With experience in both prosecution and defense, Judge Plakas has a well-rounded understanding of criminal cases. He's known to be fair but firm—he doesn’t tolerate repeat behavior but is open to creative sentencing for first-time cases.
• Judge Joe Barone: Recently elected, Judge Barone brings a local attorney’s perspective to the bench. He’s seen firsthand how these cases play out and brings a community-focused approach to sentencing.

Each judge runs things a little differently, so having an attorney who knows their tendencies is essential for the best possible outcome.

How to Handle a First-Time OWI the Right Way

If this is your first encounter with Michigan’s criminal justice system, here’s what you should do right away:

• Don’t talk to the police further without legal representation. Everything you say can be used against you—even offhanded remarks made while nervous.
• Consult a qualified OWI defense attorney as soon as possible. They’ll assess whether your rights were violated, determine if you qualify for a plea or diversion program, and represent you aggressively in court.
• Be proactive: Start alcohol treatment or counseling, keep a clean record, and stay off social media. These small steps can go a long way when facing a judge.

Hiring a local attorney who knows the system makes a world of difference. Aaron J. Boria, PLLC is based right here in Plymouth and has successfully defended hundreds of OWI cases, helping clients avoid jail, keep their licenses, and sometimes even beat the charge entirely.

For experienced legal representation, contact criminal defense attorney Aaron J. Boria at (734) 453-7806 or visit our criminal defense homepage to learn more about how we can help.

Closing Thoughts: Moving Forward After a First-Time OWI

No one expects to get arrested after a night out sampling craft beers or fine wines, but it happens more often than you'd think—even to good people. A first-time OWI in Michigan is serious, but it doesn't have to define your future. With the right steps and strong representation, you can move forward with minimal impact to your record, license, and reputation.

Remember, the key is acting quickly. A skilled OWI lawyer can potentially save your license, reduce the charge, or even get the case dismissed depending on the facts. If you've found yourself charged and don't know where to turn, call Boria Law today at (734) 453-7806 for a free consultation. We’ve handled hundreds of these cases throughout the state and know exactly what you're up against.

Your future doesn't have to be defined by one night out—especially not when you have the right team behind you.