A Michigan OWI is the same as a DUI or a DWI in other states
A Michigan OWI stands for "operating while intoxicated." This is a Michigan drunk driving charge under Michigan law, and it is the same as a DUI or DWI in other states. It could include only alcohol (either above the .08 limit or "under the influence of alcohol"), a controlled substance, an intoxicating substance (a nonprescription medication taken in excess or huffing), or a combination of any of the above. Michigan also has a strict "any amount" law that prohibits driving with any measurable amount of a schedule 1 substance (PCP, LSD, heroin) or cocaine, which is a schedule 2 substance specifically included in the any amount law.
Whether the charge is alcohol or drugs, or a combination, the charge is the same: OWI. All of these charges are generally "drunk driving" charges under Michigan law. If you provide a breath or blood sample over 0.17, you might also be charged with Operating With a High BAC also known as "superdrunk" under Michigan laws.
Summary of Penalties for a Michigan OWI
- Recorded as "misdemeanor" conviction as opposed to felony conviction on criminal record
- Jail up to 93 days
- Probation for up to 2 years with alcohol and drug monitoring
- Fines up to $500, "plus court costs" which totals over $1,000.00
- 30 days hard suspension on Michigan driver's license, eligible to drive for the balance of the six months (150 days) on a restricted basis, i.e. to / from / and in connection with work, court ordered programs, and emergency medical treatment
- Up to 360 hours community service
- Six points on your Michigan driver's license
A second offense for OWI or OWVI within seven years of a prior OWI or OWVI results in tougher penalties, greater likelihood of jail, and a potential lifetime revocation of a person's driver's license. A third offense for any combination of OWI and OWVI charges in a lifetime is a felony OWI 3rd offense, which carries mandatory jail and a possible prison term of up to 5 years.
Important: If you have a prior conviction for OWI or impaired driving ("OWVI") within the last 7 years, getting your current OWI charge reduced to impaired ("OWVI") does not save your license. For revocation purposes, the State of Michigan enhances penalties for all prior drunk driving convictions. A prior OWVI counts as a prior conviction.
Can a Michigan OWI Get Reduced?
Yes. Getting a reduction from OWI to OWVI is not usually very difficult. The advantage to this on a first offense is that the driver saves his or her driver's license. Getting an OWI reduced to OWVI is not a major victory.
First time OWI offenders risk losing their license for 30 days, with an additional 150 days restricted driving privileges. If a plea to impaired driving is agreed upon with the prosecutor, the driver's license is not suspended at all, but it is restricted for 90 days. This is the carrot and stick used by the State of Michigan to convince first time offenders to plead guilty to impaired.
In a few jurisdictions, however, if a person is involved in a property damage accident, the prosecutor maintains policies that do not permit reduction from OWI to OWVI.
If you have a prior conviction for OWI, OWVI, or even a Minor BAC, a second offense within 7 years qualifies as an OWI 2nd, and a third offense for any combination of drunk driving offenses in a lifetime qualifies as a felony. Likewise, if a person is charged with operating while intoxicated with a passenger under 16 years of age in the vehicle, the driver will be charged with a felony drunk driving offense if the motorist has a prior conviction for any drunk driving offense, including OWI or OWVI.
Can a Michigan OWI Get Dismissed?
Yes! Although I do not take on every drunk driving case that comes my way, I regularly use substantive and procedural defenses to get a significant number of drunk driving cases dismissed through pretrial motions.
I also frequently go to trial before judges and juries throughout the state. Going to trial on a DUI charge can be a daunting prospect, but it is also an important opportunity for justice and fairness. Here are a few reasons why going to trial might be the best option for someone facing drunk driving charges:
First and foremost, going to trial allows the accused to present their case and defend themselves in front of a judge or jury. This is an important right that is guaranteed by the Constitution, and it allows the accused to have their say and potentially clear their name. In many cases, a trial can also expose weaknesses in the prosecution's case and lead to a more favorable outcome for the accused. Witnesses may not appear, the prosecutor may be unable to proceed, and discovery violations may allow critical evidence to be suppressed at trial.
Another reason to go to trial is that it allows for more control over the outcome. When a person pleads guilty, they are essentially giving up their right to have a trial and are at the mercy of the court's sentence. Going to trial, on the other hand, allows the accused to have a say in the outcome and potentially negotiate a more favorable plea agreement.
Additionally, going to trial can also send a message to the community and the justice system. When someone chooses to go to trial, they are standing up for their rights and showing that they are not willing to accept a guilty verdict without fighting for their innocence. This can help to deter future prosecutions and encourage fairness in the justice system. Because I am willing to go to trial on a regular basis, prosecutors take my cases more seriously than another attorney who allows takes a plea.
Overall, going to trial on a criminal charge can be a challenging decision, but it is also an important opportunity to defend oneself and seek justice. It's important to carefully consider all of the factors involved and seek the advice of an experienced criminal defense attorney before making a decision.
See also: Can I Get a Drunk Driving Charge Reduced to Reckless Driving in Michigan?