OWI Defense Attorney Birmingham MI | Michigan DUI Defense

Understanding the Charge

What Is OWI in Michigan?

MCL 257.625 — Michigan Vehicle Code, Section 625

Michigan does not use the term DUI. The state's drunk driving statute is codified at MCL 257.625 and uses the term Operating While Intoxicated (OWI). The distinction is more than semantic. Michigan law criminalizes "operating" a vehicle rather than "driving" one, and courts have interpreted "operating" broadly to include sitting in the driver's seat with the engine running, even if the vehicle is parked and stationary. The practical consequence: you can be charged with OWI without ever putting the car in gear.

Under MCL 257.625(1), it is a crime to operate a motor vehicle on a highway or other place open to the general public with a blood alcohol content (BAC) of 0.08% or higher. But the statute goes further. Under MCL 257.625(3), you can also be charged with Operating While Visibly Impaired (OWVI) if your ability to operate the vehicle is visibly impaired by alcohol, a controlled substance, or a combination of both — regardless of your BAC. A person with a BAC of 0.05% who is visibly impaired is just as chargeable as someone at 0.10%.

The statute also covers operating a vehicle under the influence of controlled substances (MCL 257.625(4)), including marijuana, prescription medications, and illegal drugs. With the legalization of recreational marijuana in Michigan, OWID (Operating While Intoxicated by Drugs) charges have increased significantly. There is no per se legal limit for THC, which makes these cases both harder to prosecute and harder to defend without experienced counsel.

The OWI statute applies not only to cars and trucks but to any motor vehicle operated on public roads or places open to the public. Separate statutes cover boating under the influence (MCL 324.80176) and snowmobile and ORV operation (MCL 324.82127), but the penalties and defense strategies overlap substantially.

Understanding the specific charge you face is the first step. The difference between OWI and OWVI, between a first offense and a second, between a standard OWI and a Super Drunk charge — these distinctions control the penalties, the license consequences, and the available defense strategies.

Penalties

First Offense OWI Penalties in Michigan

A first-offense OWI in Michigan is a misdemeanor, but the consequences extend far beyond what most people associate with a misdemeanor charge. The maximum penalties under MCL 257.625(9)(a) include:

Jail: Up to 93 days
Fines: $100 to $500
Community service: Up to 360 hours
License suspension: 30-day hard suspension followed by 150 days of restricted driving
Points: 6 points on your driving record
Probation: Up to 2 years, often with conditions including alcohol testing, treatment, and victim impact panels
Vehicle immobilization: Up to 180 days (discretionary for first offense)

Beyond the statutory penalties, a first-offense OWI creates a permanent criminal record that appears on background checks for employment, housing, and professional licensing. Auto insurance rates typically increase by 200% to 400% and remain elevated for years. Certain professional licenses — including those for healthcare workers, commercial drivers, teachers, and attorneys — may be affected or suspended following a conviction.

A first-offense OWI can often be negotiated down to Operating While Visibly Impaired (OWVI), which carries reduced penalties: up to 93 days in jail but no mandatory minimum, fines up to $300, and a 90-day restricted license with no hard suspension period. OWVI also carries only 4 points on your driving record rather than 6. This reduction is a common outcome in first-offense cases with BAC levels near 0.08% or where the evidence has identifiable weaknesses.

For detailed guidance specific to first offenses, see our guide: OWI First Offense in Michigan — What to Expect.

High BAC

Michigan's Super Drunk Law (BAC 0.17 or Higher)

MCL 257.625(1)(c) — Operating with High BAC

Michigan's "Super Drunk" law, enacted in 2010, created an enhanced penalty category for first-time OWI offenders whose BAC is 0.17 or higher — more than twice the standard legal limit of 0.08%. The legislature recognized that extremely high BAC levels correlate with significantly elevated crash risk and created a separate sentencing structure to address it.

The penalties under the Super Drunk law are substantially harsher than a standard first-offense OWI:

Jail: Up to 180 days (compared to 93 days for standard OWI)
Fines: $200 to $700
Community service: Up to 360 hours
License suspension: 1 year, with a restricted license available only after 45 days and only with an ignition interlock device installed on every vehicle you operate
Mandatory substance abuse treatment: Required as a condition of sentencing
Vehicle immobilization: Up to 180 days

The ignition interlock requirement is particularly burdensome. The device must be installed by an approved provider, calibrated regularly, and maintained at the defendant's expense — typically $70 to $150 per month. Any attempt to start the vehicle after consuming alcohol is recorded and reported to the court.

Critically, the Super Drunk charge is not eligible for plea bargaining under MCL 257.625(25) unless the prosecutor determines they cannot prove the charge at trial. In practice, this means that if the breath or blood test result is reliable and shows a BAC of 0.17 or higher, the prosecutor will typically not agree to reduce the charge. Challenging the accuracy of the chemical test is therefore the most direct path to avoiding Super Drunk penalties.

One important nuance: the Super Drunk law applies only to first offenses. If you have a prior OWI conviction and are charged with a BAC of 0.17 or higher, you face second-offense penalties — which are already more severe than Super Drunk penalties in most respects.

Repeat Offenses

Second and Third Offense OWI in Michigan

Michigan law treats repeat OWI offenses with escalating severity. The penalties increase dramatically with each subsequent conviction, and by the third offense, the charge becomes a felony.

Penalty	Second Offense (within 7 years)	Third Offense (any time)
Classification	Misdemeanor (1-year max)	Felony (5-year max)
Jail / Prison	5 days to 1 year	1 to 5 years in prison, or probation with 30 days to 1 year in jail
Fines	$200 to $1,000	$500 to $5,000
Community Service	30 to 90 days	60 to 180 days
License	Revoked minimum 1 year	Revoked minimum 5 years
Vehicle	Immobilized 90–180 days; possible forfeiture	Forfeiture mandatory
Plates	Confiscated	Confiscated

For second offenses, the seven-year lookback window under MCL 257.625(9)(b) is critical. If more than seven years have elapsed since your prior conviction, the current charge is treated as a first offense for sentencing purposes — though the prior conviction can still be considered by the judge. The lookback period runs from the date of conviction, not the date of arrest.

A third-offense OWI is a felony under MCL 257.625(9)(c), regardless of how much time has passed since the prior convictions. There is no lookback period for felony OWI. A person convicted of OWI in 2005 and 2010 who is arrested again in 2026 faces felony charges. The practical consequences of a felony conviction extend beyond the criminal penalties: loss of the right to possess firearms, potential loss of voting rights while incarcerated, and the permanent stigma of a felony record.

A fourth or subsequent OWI offense is also a felony under MCL 257.625(9)(c) and carries the same maximum penalties as a third offense. Courts, however, tend to impose significantly harsher sentences with each subsequent conviction, and prison time becomes increasingly likely.

Defense Strategies

Common Defenses in Michigan OWI Cases

Every OWI case is built on a chain of evidence, and every link in that chain is subject to challenge. An experienced OWI defense attorney examines the entire sequence — from the initial reason for the traffic stop through the administration of field sobriety tests, the chemical test procedures, and the arrest itself — looking for errors, omissions, and constitutional violations that can weaken or defeat the prosecution's case.

Challenging the Traffic Stop

Under the Fourth Amendment to the U.S. Constitution and Article 1, Section 11 of the Michigan Constitution, a police officer must have reasonable suspicion of a traffic violation or criminal activity to initiate a traffic stop. Common pretextual reasons — weaving within a lane, driving slightly over or under the speed limit, or a minor equipment violation — are frequently challenged. If the court finds the stop was not supported by reasonable suspicion, all evidence obtained after the stop is suppressed, and the case is typically dismissed. Dashboard and body camera footage is critical evidence in these challenges.

Challenging Field Sobriety Tests

The Standardized Field Sobriety Tests (SFSTs) — the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn test, and the One-Leg Stand test — were developed by the National Highway Traffic Safety Administration (NHTSA). Even under ideal conditions, NHTSA's own research found that these tests are only 77% to 91% accurate at identifying impairment at a BAC of 0.08% or higher. Their reliability decreases further when:

The officer does not administer the tests in strict accordance with NHTSA protocols
The tests are conducted on uneven surfaces, in poor lighting, or in inclement weather
The subject has physical conditions affecting balance or coordination (inner ear problems, leg or back injuries, obesity, age)
The subject is wearing footwear that affects balance
The officer's scoring of "clues" is subjective or inconsistent with the recorded performance

We obtain and review the officer's SFST training records and certifications. Officers who are not currently certified or who deviate from the standardized protocol produce test results that are vulnerable to challenge.

Challenging Breathalyzer Results

Michigan uses the DataMaster DMT as its evidentiary breath testing instrument. The machine measures alcohol in a breath sample and uses a conversion ratio to estimate blood alcohol content. But the conversion ratio is a population average — individual variation means a given breath result may overstate or understate the actual BAC by a significant margin. Beyond the inherent limitations of the technology:

Calibration and maintenance: The DataMaster must be calibrated and certified at regular intervals. If the machine's maintenance records show missed calibrations, failed accuracy checks, or unresolved error codes, the results are challengeable.
Operator certification: The officer administering the test must hold a current DataMaster operator permit. Expired or improperly issued permits can render the test result inadmissible.
Observation period: Michigan requires a 15-minute observation period before the breath test to ensure the subject does not burp, belch, vomit, or place anything in their mouth — all of which can introduce mouth alcohol and artificially elevate the result. Failure to observe this waiting period is one of the most common and effective challenges.
Interfering substances: Certain medical conditions (GERD, acid reflux, diabetes) and substances (mouthwash, certain medications) can produce falsely elevated breath test results.

Challenging Blood Test Results

Blood tests are generally more accurate than breath tests, but they are also subject to challenge on multiple grounds. The blood draw must be performed by a qualified person (a physician, registered nurse, or licensed medical technician) using proper antiseptic technique — specifically, the skin must not be cleaned with an alcohol-based swab, which can contaminate the sample. The sample must be properly preserved with an anticoagulant and a preservative (sodium fluoride) to prevent fermentation, which can produce alcohol in the sample after collection.

Chain of custody is another fertile ground for challenge. The prosecution must establish that the blood sample tested in the laboratory is the same sample drawn from the defendant, that it was properly stored, and that it was not contaminated or degraded at any point. Any gap or irregularity in the chain of custody can render the result inadmissible or, at minimum, raise reasonable doubt about its reliability.

Rising Blood Alcohol Defense

Alcohol absorption is not instantaneous. After your last drink, your BAC continues to rise for 30 to 90 minutes depending on factors including body weight, food consumption, and the type and quantity of alcohol consumed. The rising blood alcohol defense argues that your BAC was below 0.08% at the time you were actually operating the vehicle but had risen above 0.08% by the time the chemical test was administered — sometimes 30 to 60 minutes or more after the stop. This defense is particularly relevant when the BAC result is close to 0.08% and there was a significant delay between the stop and the test.

Constitutional Violations

Beyond the traffic stop itself, other constitutional protections apply throughout the OWI investigation. Statements made during custodial interrogation without Miranda warnings may be suppressed. Unreasonable delays in administering the chemical test can be challenged. Forced blood draws without a warrant (except in limited exigent circumstances) violate the Fourth Amendment under Missouri v. McNeely, 569 U.S. 141 (2013). Each of these violations can result in suppression of critical evidence.

License Consequences

Driver's License Suspension, the 14-Day Deadline, and Implied Consent

One of the most immediate and consequential effects of an OWI arrest in Michigan is the impact on your driver's license. The license sanctions operate on a separate administrative track from the criminal case — meaning your license can be suspended or revoked even if the criminal charge is ultimately dismissed or you are acquitted at trial.

The 14-Day Hearing Deadline

When you are arrested for OWI in Michigan, the officer will typically confiscate your physical driver's license and issue a temporary driving permit valid for a limited period. You then have exactly 14 days from the date of arrest to request an administrative hearing with the Michigan Secretary of State to challenge the pending license sanctions. This deadline is absolute. If you do not request the hearing within 14 days, you forfeit the right to challenge the administrative suspension, and it takes effect automatically.

This is one of the most critical deadlines in an OWI case, and it is also the deadline most often missed by people who do not seek legal counsel immediately. Contacting an attorney within the first few days after your arrest is essential to preserve this right.

Implied Consent

MCL 257.625c — Implied Consent

Michigan's implied consent law establishes that any person who operates a motor vehicle on Michigan roads has impliedly consented to submit to chemical testing (breath or blood) if lawfully arrested for OWI. This applies to the evidentiary test administered at the police station or hospital — not the preliminary breath test (PBT) administered roadside.

Refusing the evidentiary chemical test triggers an automatic one-year driver's license suspension and adds 6 points to your driving record. This suspension is imposed by the Secretary of State regardless of the outcome of any criminal charges. A second refusal within seven years results in a two-year suspension.

The preliminary breath test (PBT) administered at the scene of the stop is different. Refusing the PBT is a civil infraction punishable by a $150 fine. It does not trigger an implied consent violation or automatic license suspension. However, the officer can still arrest you based on other evidence of impairment (driving behavior, field sobriety tests, odor of alcohol, slurred speech) and then request an evidentiary breath or blood test at the station.

License Sanctions by Offense Level

First offense OWI: 30-day hard suspension (no driving), followed by 150 days restricted
First offense OWVI: 90 days restricted (no hard suspension)
Super Drunk (0.17+ BAC): 45-day hard suspension, followed by 320 days restricted with mandatory ignition interlock device
Second offense (within 7 years): License revoked for minimum 1 year; must petition Secretary of State for restoration
Third offense (any time): License revoked for minimum 5 years; must petition Secretary of State for restoration
Chemical test refusal: 1-year suspension (first refusal); 2-year suspension (second refusal within 7 years)

Restricted driving permits, where available, typically allow driving to and from work, school, court-ordered treatment, and medical appointments. A restricted license does not permit unlimited driving. For more on license consequences, read our guide: Will I Lose My License After an OWI?

Record Clearing

OWI Expungement Under Michigan's Clean Slate Act

For decades, Michigan prohibited expungement of any traffic offense, including OWI. That changed with the Clean Slate Act amendments that took effect in 2023, which made first-offense OWI and OWVI convictions eligible for expungement for the first time in state history.

To be eligible for OWI expungement, you must meet the following requirements:

The conviction is for a first-offense OWI or OWVI only. Second, third, and subsequent OWI offenses remain ineligible.
At least five years have elapsed since the completion of your sentence, including any period of probation.
You have no more than the maximum allowable number of total convictions on your record (currently three felonies and an unlimited number of misdemeanors, or any combination within the statutory limits).
The OWI did not involve a death or serious injury.
You have no pending criminal charges.

The expungement process involves filing a petition in the court where the conviction was entered, providing notice to the prosecuting attorney, and attending a hearing where the judge evaluates factors including your conduct since the conviction, the nature and circumstances of the offense, and the public interest. A successful expungement removes the conviction from your public criminal record, meaning it will not appear on standard background checks conducted by employers, landlords, or educational institutions.

Certain entities, including law enforcement agencies and some licensing boards, may still be able to access expunged records. Additionally, the expunged conviction still "counts" for purposes of determining offense level if you are charged with another OWI in the future.

For a comprehensive overview of expungement eligibility, see our guide: Michigan's Expanded Expungement Law.

Getting Your License Back

Driver's License Restoration in Michigan

If your driver's license has been revoked following two or more alcohol or drug-related driving offenses, restoring it is not automatic. You must petition the Michigan Secretary of State's Office of Hearings and Administrative Oversight (formerly known as DAAD) and prevail at an administrative hearing.

The burden of proof at a license restoration hearing is on you, and the standard is clear and convincing evidence — a higher standard than the preponderance of the evidence used in most civil proceedings. You must prove two things:

Your alcohol or substance abuse problem is under control — meaning you have completely abstained from alcohol and non-prescribed controlled substances for a sufficient period (typically 12 months minimum, though longer periods of sobriety produce stronger cases).
Your alcohol or substance abuse problem is likely to remain under control — meaning you have made the lifestyle changes necessary to maintain sobriety and have adequate support systems in place.

The required evidence includes:

A current substance use evaluation from a qualified evaluator, consistent with your reported history and the Secretary of State's records
Three to six support letters from people who can attest to your sobriety and the changes you have made
Proof of sobriety — typically drug and alcohol test results (EtG/EtS urine tests, hair follicle tests, or PBT logs)
Documentation of support group attendance (AA, NA, Smart Recovery, or similar programs), if applicable

The hearing officer will scrutinize every detail of your evidence and testimony. Inconsistencies — between your evaluation and your testimony, between your testimony and your letters, between your claimed sobriety date and objective evidence — are the primary reason petitions are denied. Attorney representation at these hearings significantly increases the success rate by ensuring your evidence is consistent, complete, and properly presented.

For more on the restoration process, see our detailed guide: Driver's License Restoration in Michigan.

Immediate Steps

What to Do After an OWI Arrest in Michigan

The actions you take in the hours and days immediately after an OWI arrest can significantly affect the outcome of your case. The following steps are listed in order of priority.

Exercise your right to remain silent. After providing your identification and basic booking information, you are not required to answer questions about where you were coming from, how much you had to drink, or when you had your last drink. Anything you say will be documented and used against you. Be polite but firm: "I would like to speak with an attorney before answering any questions."
Note the time and circumstances of every interaction. As soon as you are able, write down everything you remember: the time and location of the stop, what the officer said as a reason for the stop, whether you were read your Miranda rights, the conditions during field sobriety tests (weather, surface, lighting, footwear), how long you waited before the chemical test, and anything unusual about the testing process. These details fade quickly and are critical to your defense.
Contact an OWI defense attorney within 24 hours. The 14-day deadline to request a Secretary of State hearing begins running from the date of your arrest. Your attorney also needs time to request and review the police report, dashcam and bodycam footage, and chemical test records before your arraignment.
Do not discuss your case on social media or with anyone other than your attorney. Posts, messages, and photos can be subpoenaed and used as evidence. Even seemingly innocuous statements to friends or family can become problematic if repeated as testimony.
Attend your arraignment. Your arraignment — the first court appearance where the charges are formally read — is typically scheduled within days of the arrest or at the time of arrest if you are held in custody. Your attorney should be present. Bail conditions will be set at this hearing, and they may include a no-alcohol condition monitored by testing.
Comply with all bond conditions. If the court orders alcohol testing, a tether, or other monitoring as a condition of bond, comply strictly. A bond violation in an OWI case can result in immediate arrest and dramatically reduces your negotiating position with the prosecutor.
Gather documents for your attorney. Collect your temporary driving permit, the citation or complaint, any paperwork from the jail or booking facility, and documentation of any medical conditions that could affect field sobriety tests or chemical test results (GERD, diabetes, inner ear conditions, back or leg injuries).
Do not drive if your license is suspended. Driving on a suspended or revoked license (DWLS) is a separate criminal offense that will compound your legal situation. Use the temporary permit within its stated restrictions, and confirm with your attorney whether you are authorized to drive.

For a complete walkthrough of the post-arrest process, read our guide: What to Do After a DUI Arrest in Michigan.

Frequently Asked Questions

OWI Defense FAQ

What is the difference between OWI and DUI in Michigan?

Michigan uses the term Operating While Intoxicated (OWI) instead of DUI. The legal elements are essentially the same — operating a motor vehicle with a blood alcohol content of 0.08% or higher, or while impaired by alcohol or drugs. Michigan law uses "operating" rather than "driving," which means you can be charged even if the vehicle was parked but running. The term OWI also covers boats, snowmobiles, ORVs, and other motorized vehicles under MCL 257.625.

What are the penalties for a first offense OWI in Michigan?

A first offense OWI in Michigan is a misdemeanor carrying up to 93 days in jail, fines up to $500, up to 360 hours of community service, a 30-day hard suspension of your driver's license followed by 150 days of restricted driving, 6 points on your driving record, and a mandatory alcohol assessment. The court may also order substance abuse treatment and probation of up to two years. If your BAC was 0.17 or higher, you face enhanced Super Drunk penalties including up to 180 days in jail and fines up to $700.

What is Michigan's Super Drunk law?

Michigan's Super Drunk law (MCL 257.625(1)(c)) applies when a driver's BAC is 0.17 or higher — more than twice the legal limit. Enacted in 2010, it imposes enhanced penalties even for first-time offenders: up to 180 days in jail, fines up to $700, up to 360 hours of community service, a one-year license suspension with a restricted license available only after 45 days and only with an ignition interlock device, and mandatory substance abuse treatment. The Super Drunk designation is not available for plea bargaining under most circumstances.

Can I refuse a breathalyzer test in Michigan?

Michigan's implied consent law (MCL 257.625c) means that by operating a vehicle on Michigan roads, you have already consented to chemical testing if lawfully arrested for OWI. Refusing the evidentiary breath or blood test at the police station (not the roadside preliminary breath test) results in an automatic one-year license suspension and 6 points on your driving record, regardless of whether you are ultimately convicted. You have 14 days to request a hearing to challenge the implied consent violation. Refusing the roadside preliminary breath test (PBT) is a civil infraction with a $150 fine but does not trigger an implied consent violation.

How long do I have to request a hearing after an OWI arrest?

You have exactly 14 days from the date of your arrest to request a hearing with the Michigan Secretary of State to challenge the license sanctions associated with your OWI arrest. This deadline applies whether you failed a chemical test (BAC of 0.08 or higher) or refused the test under implied consent. Missing this deadline means you automatically lose your right to challenge the administrative license action, and the suspension or revocation will go into effect. This is one of the most important reasons to contact an attorney immediately after an OWI arrest.

What defenses are available in a Michigan OWI case?

Common OWI defenses in Michigan include: challenging the legality of the initial traffic stop (police must have reasonable suspicion); challenging field sobriety test administration and interpretation; challenging breathalyzer calibration, maintenance records, and operator certification; challenging blood test chain of custody and laboratory procedures; arguing rising blood alcohol (your BAC was below 0.08 while driving but rose by the time of testing); challenging the definition of "operating" the vehicle; and asserting violations of your constitutional rights during the stop or arrest. The specific defenses available depend on the facts of your case.

Can an OWI conviction be expunged in Michigan?

Yes. Under Michigan's Clean Slate Act amendments that took effect in 2023, first-offense OWI convictions became eligible for expungement for the first time in Michigan history. You must wait at least five years after the completion of your sentence, including probation, before petitioning. You must also meet other eligibility requirements, including having no more than the allowable number of total convictions. A successful expungement removes the conviction from your public criminal record, though law enforcement and certain licensing bodies may still be able to access it.

What happens to my driver's license after an OWI in Michigan?

License consequences depend on the offense level. For a first OWI, your license is suspended for 30 days (no driving at all), followed by 150 days of restricted driving. For a Super Drunk first offense, suspension is 45 days followed by 320 days restricted with a mandatory ignition interlock device. A second OWI within seven years results in license revocation for a minimum of one year, and a third offense results in revocation for a minimum of five years. After revocation, you must petition the Secretary of State for license restoration and prove your alcohol or substance abuse problem is under control.

How does a second or third OWI offense change the penalties?

A second OWI within seven years is a one-year misdemeanor carrying 5 days to one year in jail, fines of $200 to $1,000, 30 to 90 days of community service, license revocation for at least one year, vehicle immobilization for 90 to 180 days, and possible vehicle forfeiture. A third OWI at any time is a felony punishable by 1 to 5 years in prison (or probation with 30 days to one year in jail), fines of $500 to $5,000, license revocation for at least five years, and mandatory vehicle forfeiture.

Should I hire an attorney for an OWI charge in Michigan?

An OWI charge in Michigan carries serious consequences including potential jail time, license suspension, a permanent criminal record, dramatically increased insurance rates, and effects on employment. An experienced OWI defense attorney can evaluate the evidence for weaknesses, negotiate with prosecutors for reduced charges (such as a reduction from OWI to Operating While Visibly Impaired), protect your driving privileges by handling the 14-day hearing deadline, and represent you effectively at trial if necessary. The stakes — particularly for second or felony third offenses — make professional representation essential.

OWI Defense in Michigan