Quick Answer:
If you’re wondering what is an OWI, it stands for Operating While Intoxicated, Michigan’s legal term for a drunk driving offense. This means you were operating a motor vehicle with the prohibited alcohol concentration (BAC) of 0.08% or higher, or while your ability to drive was substantially lessened by alcohol or drugs.
An OWI offense can lead to license suspension, jail time, fines, and other serious penalties under Michigan’s drunk driving laws. A first offense of Operating While Intoxicated (OWI) is punishable by up to 93 days in jail and license suspension for 30 days.
In Michigan, Operating While Intoxicated (OWI) is the official term used to describe drunk driving or impaired driving offenses. You can be charged even in a parked car — as long as you are in physical control of a motor vehicle while under the influence of alcohol or controlled substances.
The drunk driving laws in Michigan are among the strictest in the nation. An OWI charge doesn’t only apply when you’re far over the legal limit; you can also face DUI charges for visibly impaired driving or refusing a field sobriety test.
If convicted, an OWI offense can affect nearly every part of your life — your license, job, and reputation — which is why working with an experienced OWI attorney is critical.
OWI vs DUI: What’s the Difference?
Many people use the terms DUI and OWI interchangeably, but in Michigan, there are key differences between both terms:
- OWI (Operating While Intoxicated): The driver operated or had control of a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher, or their ability to operate the motor vehicle was substantially lessened by alcohol or drugs.
- DUI (Driving Under the Influence): This is simply driving under the influence of alcohol or impairing substances. In some states, this meaning can also stretch to driving under the influence of drugs. This term is not used in Michigan statutes but is recognized in other states.
Essentially, if you’ve been arrested for drunk driving in Michigan, your case will be charged as Operating While Intoxicated (OWI) — even if officers refer to it as a DUI during your traffic stop.
The Legal Limit and How BAC Is Measured
Michigan’s legal blood alcohol limit is 0.08% for most drivers. However, for commercial drivers, it’s 0.04%, and for anyone under 21, any measurable amount of alcohol can lead to an OWI offense under the state’s zero-tolerance policy.
If convicted of OWI High BAC, the first offense results in a license suspension for 45 days and a restricted license for 320 days.
Police determine blood alcohol content through:
- Breathalyzer tests administered during or after a traffic stop.
- Blood tests conducted at medical facilities.
- Field sobriety tests that assess balance, speech, and coordination.
If your blood alcohol concentration exceeds the legal limit, you can be charged even if you weren’t driving erratically. Refusing a test can also lead to automatic license suspension and additional penalties.
Refusal to take a chemical test after an OWI arrest can lead to an administrative license suspension of 30 days in Michigan.
Types of OWI Offenses in Michigan
Michigan law recognizes several categories of impaired driving offenses, depending on your level of intoxication and prior history:
- Operating While Intoxicated (OWI): BAC of 0.08% or higher.
- Operating While Visibly Impaired (OWVI): The officer believes your ability to drive was substantially lessened, even if your BAC is below 0.08%.
- Operating with a High BAC (“Super Drunk”): BAC of 0.17% or higher — carries harsher penalties.
- Operating Under the Influence of Drugs (OUID): Driving while impaired by prescription or illegal drugs.
- Operating with Any Presence of a Controlled Substance (OWPCS): Applies when trace amounts of illegal drugs are found in your system.
Each type of impaired driving charge carries unique penalties, but all can lead to an OWI conviction that stays on your driving record for years. Upon conviction for OWI, 6 points are added to the person’s driving record.
The potential consequences for driving while intoxicated can range from community service and vehicle immobilization to jail time.
Penalties for an OWI Conviction
The consequences of an OWI conviction depend on your prior offenses and BAC level. Even a first offense for drunken driving can bring severe penalties.
A second OWI conviction can result in jail time ranging from 5 days to 1 year and license suspension for at least 1 year if it occurs within 7 years of the first offense.
First Offense (Misdemeanor)
- Up to 93 days in jail
- Fines up to $500
- License suspension for 30 days, followed by 150 days of restrictions
- Community service up to 360 hours
- Possible ignition interlock device installation
Second Offense (Misdemeanor)
- Up to one year in jail
- Fines up to $1,000
- Possible community service
- Possible ignition interlock device installed
- License revocation for at least one year
- Vehicle immobilization for up to 180 days
Third Offense (Felony)
- Up to five years in prison
- Fines up to $5,000
- Long-term license revocation
- Vehicle forfeiture or immobilization
A third OWI offense is classified as a felony and can lead to 30 days to 5 years in prison, along with license suspension for at least 5 years if within 10 years of prior offenses of driving while intoxicated.
Each level of intoxicated DUI offense becomes progressively more serious, as drunk drivers with repeat offenses of operating a vehicle face increasingly harsh consequences under Michigan’s impaired driving laws.
Aggravating Factors That Increase OWI Penalties
Certain circumstances can lead to enhanced penalties, even for a first-time drunk driving offense:
- Having an OWI range of 0.17% or higher (“Super Drunk” law)
- Driving while intoxicated with a minor passenger in the motor vehicle
- Causing an accident that results in bodily injury or serious bodily injury
- Prior drunk driving charges or OWI convictions within seven years
- Refusal to take a breathalyzer or blood (BAC) test
These aggravating factors often trigger mandatory jail time, longer license suspensions, and the requirement of an ignition interlock device once driving privileges are reinstated.
The Legal Process After an OWI Arrest
When you’re arrested for driving under the influence, you’ll face both criminal and administrative processes.
- Arrest and Booking: After a traffic stop, police may conduct field sobriety and breath tests.
- Arraignment: You’ll be formally charged in court with an OWI offense.
- Pre-Trial Conferences: Your attorney can negotiate a plea deal, request discovery, and challenge evidence of your operating a vehicle while drunk.
- Trial: If the case proceeds, both sides present arguments before a judge or jury.
- Sentencing: If convicted, the court determines penalties based on your record and aggravating factors. The court, along with the prosecution, will determine whether you’re deserving of the minimum consequences or the maximum jail sentence.
Throughout this legal process, an experienced drunk driving attorney can challenge the validity of tests, examine police procedures, and work to reduce or dismiss DUI charges.
Defending Against an OWI Charge
If you’re facing an OWI charge, there are several potential defense strategies your lawyer may use depending on the evidence.
- Challenging the Traffic Stop: Your attorney may argue that the police officer lacked reasonable suspicion to stop your vehicle.
- Questioning BAC Accuracy: Breath and blood alcohol tests must be properly administered by a police officer and calibrated to assess if you were operating while visibly impaired.
- Procedural Errors: Improper handling of evidence or test results can weaken the prosecution’s case.
- Violation of Rights: If your constitutional rights were violated during the drunk driving case, evidence could be excluded.
- Challenging Chemical Tests: Challenging the validity of chemical tests is a common defense strategy against OWI charges.
With the right defense strategy, your drunk driving charges may be reduced or dismissed entirely.
How an Attorney Can Help
Working with an experienced drunk driving attorney is your best chance at protecting your future if you’re accused of driving under the influence. Your lawyer can:
- Review every aspect of your arrest and blood alcohol testing procedure.
- Negotiate with prosecutors for reduced charges or a plea deal.
- Argue for limited license suspension or restricted license privileges if you are convicted of operating a vehicle while drunk.
- Represent you in hearings and court appearances.
- Ensure all criminal offense deadlines and filings in your legal process are met.
An experienced attorney understands Michigan’s impaired driving laws and knows how to use every legal tool available to build a strong intoxicated DWI defense.
Long-Term Consequences of an OWI
Beyond fines and jail time, an OWI conviction can affect your life in ways you may not expect.
- Your insurance rates can increase dramatically.
- Employers may view a drunk driving offense as a red flag.
- You could lose professional licenses or certifications.
- A criminal record may limit travel or housing opportunities.
- An OWI conviction can lead to a higher car insurance premium and affect personal relationships.
- If you get a second offense for operating a vehicle while drunk, you could drastically increase your chances of jail time.
Because of these lasting effects, it’s important to treat your OWI charge seriously and work with a defense attorney as soon as possible.
How David G. Moore, Attorney at Law Can Help
At David G. Moore, Attorney at Law, you’ll work directly with a defense lawyer who knows the Michigan criminal justice system inside and out.
As a former prosecutor, David has seen impaired driving cases from both sides — giving him the insight needed to challenge evidence, prove reasonable doubt, and anticipate the prosecution’s strategy.
He can analyze your arrest, examine your blood alcohol content results, and determine if proper procedures were followed. Whether you’re a first-time offender or have prior drunk driving charges, he’ll fight for your rights and work to minimize the penalties you face.
When your freedom and future are on the line, you need an attorney who knows how to protect them.
OWI vs DWI: Get a Free Consultation
If you’re facing an OWI offense, don’t wait to seek legal help. The penalties for operating while intoxicated in Michigan can be severe, but with the right defense, you can protect your license and your future.
Contact David G. Moore, Attorney at Law, today to schedule your free consultation. Call (269) 301-1554 or reach out online to learn how David can help you build a strong defense against your drunk driving charges.
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