An individual may be faced with harsh penalties in Michigan if they are charged with operating while intoxicated or “OWI.” Michigan law has harsher penalties for repeat offenders due to the dangers and seriousness of this crime. When faced with the possibility of such serious penalties, having a skilled attorney to help you prepare and defend your case is necessary to obtain the best possible outcome. First offenders may have the opportunity to be placed on probation and/or enter a rehabilitation program. Many people have heard of this charge by its old name, “DUI” or “Driving Under Influence” or simply, “Drunk Driving.”
According to Michigan law, MCL 257.625, it is illegal to drive or operate a motor vehicle with a blood alcohol content (“BAC”) of .08. Additionally, an individual can face harsher penalties if they are found to be operating a motor vehicle with a BAC of .17 or higher. In addition to alcohol, Michigan law also considers being under the influence of some drugs to qualify for a DUI/OWI charge such as Marijuana, GHB, and Cocaine.
According to the National Highway Traffic Safety Administration (NHTSA), in 2020, 11,654 people died in alcohol-impaired driving traffic deaths, a 14% increase from 2019. Additionally, NHTSA studies have found that even one drink can start to impair your driving skills. For these reasons, police and prosecutors are working very hard to crack down on drunk driving.
A DUI/OWI charge is based on your blood alcohol content or “BAC”. BAC is measured in grams per milliliter and then calculated into a percentage. For example, a BAC of .08 would mean that your blood contains .08% alcohol. BAC is usually determined using a breathalyzer test which measures the alcohol content in your breath. The ratio between breath alcohol content and the BAC is 2100 to 1 so to find BAC, the breath alcohol content is divided by 2100.
Additionally, an individual can be charged with, “Operating while visually impaired” or “OWVI”. This means that an individual is visually impaired due to the consumption of alcohol or drugs. There is no BAC requirement for OWVI but simply driving while visually impaired.
When the police initially investigate an OWI, the order of events is as follows:
- If the individual is in the process of driving, they examine the driving skills of the individual. If they appear to be intoxicated, they do a traffic stop, also known as “pulling the individual over”.
- They will look for signs of intoxication such as slurred speech, altered behavior, or the smell of alcohol.
- If they appear to be intoxicated, they will conduct a field sobriety test (FST), which may include asking the individual to count or say the alphabet forwards or backward or having them walk in a straight line.
- The officer may then ask the individual to take a preliminary breath test (PBT) or portable breathalyzer
- If the officer concludes that the driver is visually impaired, or has a BAC of above .08, they will be arrested. At the police station, the individual will take a second, more precise breath test called the “Data Master”
In order to prove a DUI/OWI, the prosecution must prove
- The defendant was driving a motor vehicle
- The defendant voluntarily decided to drive
- The defendant had a BAC of above .08
- The defendant knew that they had consumed alcohol
The general penalties for DUI/OWI offenses can be found in the chart below.
Type of Offense | Penalty | Michigan Law |
OWI- 1st Offense | Misdemeanor, Jail sentence of up to 93 days (about 3 months), and fines of up to $500 or both. Driver’s license suspension of 6 months. | |
OWI- 2nd Offense | Misdemeanor, Jail sentence of up to 1 year, fines of up to $1000, and Community service up to 3 months. Driver’s license suspension of 1 year. | |
OWI- 3rd Offense | Felony, Jail sentence of up to 5 years, fines of up to $5000, and Community service up to 6 months. Driver’s license suspension of 5 years. |
If an individual is found to have a BAC of .17 or above during your first offense, they will face harsher penalties listed below.
Type of Offense | Penalty | Michigan Law |
Driving with a high BAC- 1st Offense | Misdemeanor, Jail sentence of up to 6 months and fines of up to $700 or both. Driver’s license suspension of 1 year. |
If an individual is found to be driving while visually impaired, they will face additional penalties listed below.
Type of Offense | Penalty | Michigan Law |
OWVI- 1st Offense | Misdemeanor, Jail sentence of up to 93 days (about 3 months), fines of up to $300, and community service up to 360 hours. Driver’s license suspension of 90 days. | |
OWVI- 2nd Offense | Misdemeanor, Jail sentence of up to 1 year and fines of up to $1000, or both. Forfeiture of vehicle or license plate. | |
OWVI- 3rd Offense | Felony, Jail sentence of up to 5 years, and fines of up to $5000. Forfeiture of vehicle or license plate. |
If you or someone you know is dealing with DUI/OWI or High BAC charge, it is imperative that you seek legal representation from a lawyer familiar with this area of law. Police and prosecutors will be working swiftly to build a compelling case against you. Finding a resolution that can keep someone’s criminal record clean and keep you out of jail may be available.
If you would like to set up a consultation to discuss your case further, please feel free to contact us or call (586) 413-7777 at your earliest convenience.
For Information on more serious Operating While Intoxicated Crimes, feel free to read our article on it
Link to: “More serious OWI Crimes”