An OWI charge in Michigan refers to “Operating While Intoxicated,” which is the legal term for driving under the influence of alcohol or drugs. It applies to drivers with a blood alcohol content (BAC) of 0.08% or higher or those impaired by drugs. Penalties include fines, jail time, and license suspension.
At D.G. Moore Law, we’ve helped countless clients defend against OWI charges in Michigan. With years of experience, we understand the intricacies of Michigan’s OWI laws and how to protect your rights. In this article, I’ll explain what an OWI charge means, potential penalties, and your legal options.
What Qualifies as an OWI in Michigan?
In Michigan, an OWI is charged when a driver operates a vehicle with a BAC of 0.08% or higher, is impaired by drugs or alcohol, or has any amount of a Schedule 1 drug in their system.
Key factors include:
- BAC Threshold: A BAC of 0.08% or higher.
- Impairment: Any alcohol or drug use that impairs your ability to operate a vehicle.
- Zero Tolerance for Drugs: Any detectable amount of certain drugs, like marijuana or cocaine, can result in an OWI charge.
What Are the Penalties for an OWI in Michigan?
Penalties for an OWI in Michigan include fines, jail time, community service, license suspension, and possible installation of an ignition interlock device.
| OWI Offense | Fines | Jail Time | License Suspension | Additional Penalties |
|---|---|---|---|---|
| First Offense | $100–$500 | Up to 93 days | Up to 6 months | Community service, possible ignition interlock. |
| Second Offense | $200–$1,000 | 5 days–1 year | Minimum 1 year | License plate confiscation, possible vehicle immobilization. |
| Third Offense (Felony) | $500–$5,000 | 1–5 years in prison | Minimum 5 years | Vehicle forfeiture, mandatory ignition interlock. |
What Are the Administrative Penalties for OWI in Michigan?
Administrative penalties for OWI in Michigan include license suspension, fines, and mandatory enrollment in alcohol or drug education programs. These penalties are separate from criminal charges.
Key details:
- License Suspension:
- First Offense: Up to 6 months.
- Second Offense: Minimum 1 year.
- Third Offense: Minimum 5 years.
- Driver Responsibility Fees: These may include additional financial penalties for maintaining driving privileges.
- Ignition Interlock Devices (IID): For repeat offenders or those with high BAC levels, the installation of an IID is often required to regain driving privileges.
- Mandatory Education Programs: Drivers may need to complete court-ordered alcohol or drug education programs to fulfill administrative requirements.
Administrative penalties are enforced by the Michigan Secretary of State and are separate from any criminal penalties you may face.
What’s the Difference Between OWI, DUI, and OUIL in Michigan?
In Michigan, OWI (Operating While Intoxicated) is the current legal term, replacing DUI (Driving Under the Influence) and OUIL (Operating Under the Influence of Liquor) to describe impaired driving offenses.
- OWI: Covers impairment by alcohol, drugs, or both.
- DUI: A broader, outdated term still used in other states.
- OUIL: Specific to alcohol impairment, no longer used in Michigan law.
Can You Refuse a Breathalyzer Test in Michigan?
Refusing a breathalyzer test in Michigan can result in immediate license suspension and additional penalties, as Michigan has an Implied Consent Law.
Key details:
- First Refusal: 1-year license suspension.
- Second Refusal: 2-year suspension.
- Administrative Penalties: Added on top of any OWI-related criminal penalties.
What Are the Long-Term Consequences of an OWI Conviction in Michigan?
An OWI conviction can lead to higher insurance rates, difficulty obtaining employment, and a permanent criminal record.
Additional impacts include:
- Insurance: Significant premium increases or denial of coverage.
- Employment: Restricted opportunities, particularly in jobs requiring clean driving records.
- Education: Limitations on financial aid or entry into specific programs.
How Can You Fight an OWI Charge in Michigan?
Defenses against an OWI charge in Michigan include challenging the legality of the traffic stop, accuracy of BAC testing, and whether the officer followed proper procedures.
Key strategies include:
- Questioning Probable Cause: Was there a valid reason for the traffic stop?
- Challenging Test Results: Were breathalyzer or blood tests conducted accurately and under proper conditions?
- Procedural Errors: Did law enforcement adhere to all legal requirements?
What Are the Legal BAC Limits in Michigan?
The legal BAC limits in Michigan are 0.08% for drivers over 21, 0.02% for drivers under 21, and 0.04% for commercial drivers.
Understanding these thresholds can help you avoid OWI charges and understand how Michigan’s laws apply to different driver categories.
What Happens if an OWI Involves an Accident in Michigan?
If an OWI involves an accident in Michigan, penalties may escalate to include felony charges, longer jail sentences, and restitution to victims.
Key points to consider:
- Injury or Death:
- OWI resulting in injury is punishable by up to 5 years in prison and fines up to $5,000.
- OWI causing death is a felony with penalties up to 15 years in prison and fines up to $10,000.
- Property Damage:
- Property damage resulting from an OWI may require the offender to pay restitution to repair damages.
- Increased Insurance Rates:
- Drivers involved in accidents while under the influence can expect significant increases in insurance premiums or policy cancellations.
- Driver’s Record Impact:
- Accidents tied to OWI charges can lead to permanent points on your driving record, further complicating license reinstatement.
Accidents involving an OWI require an experienced OWI attorney to handle the heightened legal consequences and protect your rights.
Why Choose D.G. Moore Law for OWI Defense?
At D.G. Moore Law, we’ve successfully defended clients against OWI charges by crafting personalized legal strategies to protect their rights. Our commitment to thorough case review and aggressive defense ensures the best possible outcome for your situation.
Contact D.G. Moore Law for OWI Defense Today!
Don’t let an OWI charge derail your future. With D.G. Moore Law, you’ll have an experienced advocate fighting for your rights and working toward a favorable resolution.
Call us at 269-808-8007 to schedule your free no-obligation consultation today. Let us help you protect your future.
Related Content:
- What Happens When You Get a DUI for the First-Time in Michigan?
- How to Get a DUI Dismissed in Michigan
- What is the Difference Between 1st, 2nd, and 3rd Degree DUI in Michigan?
- Can You Go to Jail for a DUI in Michigan?
- Do You Need a Lawyer for a DUI in Michigan?
