1st (First) Offense DUI - Overview
After more than 30 years practicing as Michigan DUI lawyers, we know that no one plans to go out and get arrested for drunk driving.
Whatever else, it usually just happens. A 1st offense DUI is often (although not always) a person’s first criminal arrest, and is a humbling, if not humiliating experience.
As scary as it may seem, however, a 1st offense OWI is not the end of the world, primarily because it is a first offense, and the courts understand that we all make mistakes in life.
The goal of this section is to help the reader relax a bit, because it is highly unlikely that you are going to go to jail, will lose your job, or experience anything like that.
Also, if you hold a medical or other professional license, you are NOT really at risk to have it revoked, so don't sweat that, either.
As bad as the whole DUI situation may seem, the simple (and pleasant) truth is that you will probably not have to go through many of the things that seem to threaten you right now.
In the real world, most first time DUI offenders are law-abiding, tax-paying and productive members of society, and a drunk driving charge usually represents an isolated and unfortunate instance of poor judgment. .
Although Operating While Intoxicated (OWI) is a criminal charge, most people who find themselves in this situation are not criminals, in any sense of the word.
That's easy to say, but making sure that you don’t wind up feeling (or being treated) like one is a key part of what my team and I do, as Michigan DUI lawyers.
Even more important is that we know how to and will protect you from being seen by the court system as having a drinking problem, especially if you don’t have one (and most 1st time DUI offenders do NOT).
Unfortunately, the court system has an inherent "alcohol bias" that directly impacts how every person appearing for a DUI case is treated, right from the very beginning of his or her case. The reader would do well to explore the Alcohol Bias section of my blog to learn more.
This means it’s critical for me and my team to make sure don’t get forced into some kind of counseling or rehab program to provide extensive help, and/or burdensome preventative counseling that’s unnecessary (and that you’ll have to make time AND pay for).
You undoubtedly felt bad enough at time of your arrest. Now it’s time to move forward understanding that, if handled properly, your DUI will be nothing more than just a minor setback.
While a DUI is never good news, my team and I can and will get you through this intact and otherwise protect you from all the potential negative consequences of that single bad decision.
In Michigan, there are 3 types of 1st offense DUI charges:
- Operating While Intoxicated (OWI),
- Operating While Intoxicate with a BAC of .17 or greater (High BAC), and
- Operating While Visibly Impaired (OWVI, or simply "impaired driving").
Operating While Intoxicated (OWI) carries the following potential maximum penalties:
- Up to 93 days in jail
- Up to 360 hours community service
- Fine of up to $500, plus costs
- Driver's license completely suspended for 30 days, followed by 150 days restricted
- Possible vehicle immobilization
- Possible ignition interlock
- 6 points on driving record
Operating While Visibly Impaired (OWVI, and often simply called "impaired"), the least serious of all Michigan DUI charges, carries these maximum possible penalties:
- Up to 93 days in jail
- Fine of up to $300, plus costs
- Up to 360 hours community service
- Driver's license restricted for 90 days
- Possible vehicle immobilization
- 4 points on driving record