In Michigan, OWIs are taken very seriously, even for a DWI/OWI 1st Offense. This means that if you are charged and convicted with OWI, you will face a harsh punishment. Judges and prosecutors take these cases very seriously, and are not inclined to be lenient.
That’s why you need a experienced Michigan OWI attorney fighting for to to prevent the most severe sentences. Call us today for a consultation on your DWI/ OWI case.
Is an OWI the same as a DUI or Drunk Driving charge in Michigan?
Yes,The following terms are mostly used interchangeably in common usage in Michigan:
- OWI (operating while intoxicated)
- DWI (driving while intoxicated)
- DUI (driving under the influence)
Under Michigan law (MCL 257.625) the legal terms are Operating while Intoxicated (OWI) and Operating while Visibly Impaired (OWVI) Both of these terms refer to driving while under the influence of alcohol or drugs.
Michigan OWI Penalties
If this is your a OWI offense, you will face lesser punishments than repeat offenders. However, the sentence will still be stiff and may surprise you.
If you are convicted of OWI in Michigan, on a first offense charge you will face up to:
- 93 days in jail
- 180 days suspended license
- 360 hours of community service
- $100- $500 fine
- 6 points on your drivers license
What is the legal limit for alcohol consumption under Michigan OWI laws?
In 2003 the legal limit for intoxication was lowered from .10% to .08%.
What is the difference between OWVI and OWI?
OWVI (Operating while visibly impaired) means that it was (allegedly) obvious to the officer that you were unable to operate a vehicle. There is no minimum blood alcohol level to qualify for this charge.
OWI (Operating while intoxicated) is a more precise and serious Michigan charge that refers to a situation where the influence of drugs or alcohol has seriously impacted your ability to operate a vehicle. This offense is commonly proven by a blood alcohol level of .08% or more.
Michigan OWVI Penalties
If this is your first offense drunk driving charge, our attorneys may be able to get an OWI charge reduced to OWVI (operating while visibly impaired). If you are convicted of OWVI, you will face essentially the same sentence with a few minor differences.
- $300 fine
- 93 days in jail
- 360 hours of community service
- 90 days of driving restriction (may restrict hours or destinations of your travel)
- Four point on your drivers license
Drivers Responsibility Fee
*All OWI charges in the state of Michigan are subject to a fine payable to the Secretary of State. This fine is referred to as a “driver’s responsibility fee” and varies depending on the specific offense you are convicted. This fine is payable for two years following your conviction.
- OWI first offense: $1,000
- OWVI: $500
Underage and OWI?
If you re under the age of 21 and found to be driving while under the influence you will face charges is your blood alcohol level is .02 to .07% or if you have any amount of alcohol in your system. (Except in circumstances of religious ceremonies).
Breath Test Refusal
If you refuse to submit to the datamaster breathalyzer or preliminary breathtest or if you intentionally use less effort than required for a valid test on the breathalyzer you will automatically lose your driver’s license for a period of one year with no restrictions to allow you to drive anywhere including to and from work. You may demand a hearing with the Secretary of State to try to get your license restored.
Drunk driving is a newsworthy offense. You cannot turn on the television without hearing about an accident caused by a drunk driver. The people of Michigan are not lenient when it comes to these offenses, and neither are the courts.
Please contact us for a free consultation on any Michigan OWI/OWVI charge.
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References: Michigan Substance Abuse and Driving