What is an OWI Charge in Michigan?

On Behalf of David G. Moore, Attorney at Law
March 22, 2025
Drunk Driving

If you’ve been charged with impaired driving, you may be wondering, what is an OWI in Michigan?

In Michigan, an OWI charge, or “Operating While Intoxicated,” means you’re accused of driving a vehicle while impaired by alcohol, drugs, or a combination of both. It’s essentially the same as a DUI or DWI in other states, but Michigan uses the specific term OWI in its legal system.

With decades of experience handling OWI cases in Michigan, I’ve helped countless individuals fight their charges and protect their rights. Let’s take a closer look at what OWI means, how it differs from other offenses, and what you should know if you’re facing charges.

Definition of OWI in Michigan

Under Michigan law, OWI is defined as operating a vehicle while:

Intoxicated by alcohol: With a blood alcohol content (BAC) of 0.08% or higher.
Impaired by drugs: With any amount of a Schedule 1 controlled substance (such as LSD, heroin, or MDMA) in the body.
Combination impairment: A combination of alcohol and drugs that impairs the driver’s ability to operate a vehicle safely.

Under Michigan Compiled Laws § 257.625, it is illegal to operate a vehicle while intoxicated by alcohol or drugs. This statute defines the legal elements of an OWI charge.

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.

Michigan’s Zero Tolerance Law for Drivers Under 21

Drivers under the age of 21 are subject to Michigan’s Zero Tolerance law, which prohibits any detectable amount of alcohol in their system. Consequences for underage OWI include:

Fines
Mandatory community service
License suspension
Increased insurance rates

OWI and Illegal Drugs

Operating a vehicle after using a Schedule 1 drug, such as heroin, LSD, or MDMA, can result in an OWI charge. Unlike alcohol-related OWI, any amount of a Schedule 1 drug in your system is enough to face criminal charges. This applies even if the driver does not appear visibly impaired.

What to Do After an OWI Arrest in Michigan

Do Not Admit Fault – Remain silent and ask for a lawyer.
Request a Hearing for License Suspension – You may have as little as 14 days to contest it.
Document the Incident – Write down details of the stop and arrest while fresh in your memory.
Gather Evidence – Save receipts, call logs, dashcam footage, or witness contact info.
Contact a DUI Defense Attorney Immediately – Early legal action can reduce or dismiss your charges.

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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.

How Police Identify OWI in Michigan

Law enforcement officers in Michigan look for several signs of intoxication during traffic stops, including:

Slurred speech
Glassy or bloodshot eyes
The odor of alcohol or drugs
Disorientation or fumbling behavior
Confusion or slow responses
Smoking or other unusual actions during interaction

Field sobriety tests and breathalyzer readings are often used to confirm suspicion of OWI.

What Must Be Proven in an OWI Case?

To convict someone of OWI in Michigan, the prosecution must prove:

You operated a motor vehicle.
While your ability was impaired by alcohol, drugs, or a combination.
Your BAC was 0.08% or higher, or any presence of a Schedule 1 drug was detected in your system.

If any of these elements can’t be proven beyond a reasonable doubt, your charges may be reduced or dismissed.

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.

Charge Type	Impairment Source	Legal Limit	Penalty Range
OWI	Alcohol or drugs	BAC ≥ 0.08% or drug presence	Up to 93 days jail (1st offense)
OUID	Marijuana or controlled substance	Any detectable amount	Same as OWI
Super Drunk OWI	Alcohol (High BAC)	BAC ≥ 0.17%	Up to 180 days jail, higher fines

Can an OWI Be Expunged in Michigan?

Yes. As of 2022, a first-time OWI may be eligible for expungement under Michigan’s Clean Slate law if:

At least 5 years have passed since sentencing
You have completed all penalties
You have no other pending charges

An attorney can help you file for expungement and restore your record.

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.

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FAQs About OWI in Michigan

Can I get an OWI expunged in Michigan?

Yes, under certain circumstances, you can expunge a first-time OWI conviction in Michigan if you meet eligibility requirements and wait the necessary time after sentencing.
Is jail time mandatory for a first OWI offense in Michigan?

Jail time is not mandatory for a first offense, but penalties can include up to 93 days in jail based on the specifics of your case.
What is the difference between OWI and OWVI in Michigan?

OWI (Operating While Intoxicated) involves impairment by alcohol or drugs, while OWVI (Operating While Visibly Impaired) applies to lesser degrees of visible impairment.
Can an OWI conviction affect my CDL in Michigan?

Yes, a CDL holder convicted of OWI faces disqualification from holding a commercial license for at least one year, regardless of whether the offense occurred in a commercial vehicle.
What happens if I refuse a field sobriety test in Michigan?

Refusing a field sobriety test is not punishable under Michigan law, but refusing a chemical test (like a breathalyzer) can result in immediate penalties under the Implied Consent Law.
How long does an OWI stay on my driving record in Michigan?

An OWI conviction remains on your driving record for life, although its impact on employment or insurance may diminish over time.
Can OWI penalties be reduced to reckless driving in Michigan?

Yes, with the help of an experienced attorney, OWI charges can sometimes be reduced to reckless driving through plea negotiations.

About the Author

David G. Moore is a highly experienced criminal defense attorney in Michigan. With a Juris Doctor from Thomas M. Cooley Law School and experience as a former assistant prosecutor, he brings unique insights to his practice. David’s career spans the entire spectrum of criminal defense, from minor infractions to complex felonies.

He has successfully handled cases in state and federal courts, including pre-indictment investigations, jury trials, and appeals. Licensed in Michigan and Arizona, David’s approach combines mitigation efforts with intense litigation preparation. His diverse legal experience has established him as a trusted and authoritative voice in Michigan’s legal community.

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