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Michigan calls drunk or drug-impaired driving operating while intoxicated (OWI). A case may involve a criminal charge in district court and separate driver’s-license consequences handled by the Michigan Secretary of State.
Under Michigan law, a driver can be charged for operating a vehicle while impaired by alcohol or drugs, or with a blood alcohol concentration (BAC) of 0.08 or higher. A BAC of 0.17 or higher can bring enhanced penalties; lower limits apply to some drivers, including drivers under 21 and commercial drivers.
After an arrest, the case may proceed through arraignment, pretrial hearings, negotiations, and, if unresolved, trial. The outcome can depend on the traffic stop, the officer’s observations, breath or blood testing, and whether police followed required procedures.
You are accused of a second or later offense. Prior convictions can increase penalties, and prosecutors may treat the charge as a felony when the legal requirements are met.
Your BAC was reported at 0.17 or higher. Michigan has enhanced penalties for this high-BAC category, so the test method, timing, and records may matter.
You refused a chemical test or received a refusal notice. A refusal can trigger a separate Secretary of State license suspension, with a short deadline to request an administrative hearing.
You were involved in a crash or someone was injured. Injury, death, or property damage can affect the charges and potential penalties beyond those for a standard OWI.
You rely on driving for work or caregiving. A suspension or restriction may affect employment and daily responsibilities, and eligibility for limited driving privileges depends on the circumstances.
You are under 21, hold a commercial license, or face a drug-related allegation. Different legal limits or licensing consequences may apply, and the evidence may involve more than a breath test.
Michigan Vehicle Code, MCL 257.625 - Operating while intoxicated. This section covers alcohol- and drug-related driving offenses, including the 0.08 BAC threshold and enhanced treatment for a BAC of 0.17 or higher. It also sets out offense categories and criminal penalties.
Michigan Vehicle Code, MCL 257.625a - Chemical tests and implied consent procedures. This section addresses chemical testing after an arrest and related procedures. A refusal can lead to a separate license action by the Secretary of State.
Michigan Vehicle Code, MCL 257.319 - Driver’s-license sanctions. This section addresses license consequences for specified offenses, including suspensions and restrictions. The Secretary of State administers the relevant licensing actions.
Michigan generally uses the term OWI, meaning operating while intoxicated, rather than DUI. The charge can involve alcohol, drugs, or a combination, and a person may face an OWI allegation even without a BAC of 0.08 or higher.
You are not required to hire a lawyer, but a first charge can still carry criminal penalties and affect your driving privileges. A lawyer can review the stop, testing, and procedural issues and explain the likely consequences based on the specific record.
A refusal after an arrest may lead to a separate driver’s-license suspension through the Secretary of State, apart from the criminal case. The notice generally gives a limited period to request an administrative hearing, so check it promptly and confirm the deadline with a lawyer.
Potential issues include how the test was administered, whether equipment or records were properly maintained, and whether the sample was collected and handled appropriately. Whether a challenge is available depends on the evidence and circumstances of the test.
Penalties depend on the charge, the facts, and the driver’s record, and may include fines, possible jail, community service, treatment requirements, and license consequences. A high-BAC allegation or a crash can change the potential penalties.
A second offense is not automatically a felony in every situation. Michigan law can treat a third qualifying offense as a felony, and other circumstances, such as a serious injury or death, can also lead to felony charges.
Timing varies with the court, the charge, and whether the parties need to litigate evidence or prepare for trial. Some cases resolve in a few court dates, while contested or more serious cases can take several months or longer.
An arrest does not always mean your license is immediately suspended, but a test refusal or later conviction can trigger licensing consequences. Check any notice or temporary driving document you received and ask about your status before driving.
Some drivers may qualify for restricted driving privileges, but eligibility and timing depend on the offense, prior record, and applicable license action. Certain restrictions may require an ignition interlock device.
There is no single statewide fee. Costs depend on the charge, the lawyer’s fee arrangement, and whether the case requires hearings, trial preparation, or expert assistance; ask for a written explanation of fees and additional costs.
Michigan can prosecute an alleged offense that occurred in the state, and the case may also affect driving privileges in your home state. Ask a Michigan OWI lawyer how the court case and any licensing notices may interact with your state’s rules.
Michigan Secretary of State. Provides driver’s-license records and information about suspensions, restrictions, hearings, and license reinstatement.
Michigan State Police. Provides public information about traffic safety and impaired-driving enforcement, including relevant statewide programs.
Michigan Courts. Provides court information and public resources for understanding Michigan’s court system and locating court services.
Gather your documents today. Collect the citation, release papers, test or refusal notices, court information, and any Secretary of State correspondence.
Write down the timeline within 24 hours. Record where the stop occurred, what officers asked or did, when tests were taken, and any witnesses or available video.
Check every deadline immediately. Confirm your first court date and any deadline to request a hearing about a test refusal; do not assume the criminal court date pauses a licensing deadline.
Contact several Michigan OWI lawyers within the next few days. Ask whether they handle cases in the court where your charge is pending and have experience with the issues in your case.
Ask focused questions before hiring. Discuss likely strategies, who will handle court appearances, communication, fees, and possible extra costs such as expert review.
Review the written fee agreement before signing. Make sure it identifies the work covered, payment terms, and any services or expenses billed separately.
Follow the lawyer’s instructions and attend every required appearance. Preserve relevant messages, receipts, and records, and do not drive unless your license status allows it.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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