If you were just arrested for a first offense DUI in Michigan, the first thing you need to know is that this is not the end of the world — and jail is almost certainly not in your future. What is at stake is probation, license restrictions, and the real-world consequences that come with a drunk driving conviction. Those things matter, and they are exactly what our firm works every day to either avoid or minimize. After more than 30 years handling DUI cases in Wayne, Oakland, and Macomb counties and the surrounding counties, my team and I know what to expect in these courts — and we know how to protect you.
How Severe is a 1st Offense DUI Charge in Michigan?
With few exceptions, a 1st offense drunk driving incident usually just “happens.” It is often a person’s first criminal arrest, and it’s certainly a humbling and stressful experience. Even though the whole situation can feel like a nightmare, the simple truth is that, even if the case against you is strong enough to survive any legal challenge, with proper legal help you can likely avoid many of the scary-sounding potential penalties that can keep you up at night.
Of course, the first question we have in every DUI case is whether the evidence is solid. As Michigan DUI lawyers, our first priority is always to find a way to beat the charge and get our client out of the case completely. One of the first things that we do is obtain and carefully evaluate all the evidence — including bodycam and dashcam video, all breath and blood test results, and the police report — to make sure the officer(s) who handled your arrest did everything legally and properly.
If the evidence is strong enough, meaning that it’s not so compromised that it will be thrown out of court, then we need to focus on securing an outcome that will protect you from as many of the potential legal penalties and negative consequences as possible. Realistically, one of the biggest risks in a first-offense DUI case is getting stuck on long, difficult probation with all kinds of breath and urine testing, classes, counseling, community service, and a restricted license for longer than necessary.
We need to protect you from that, because, ultimately, success in a DUI case is best measured by what does NOT happen to you.
What is the Difference Between OWI, DUI, and DWI?
OWI is short for “Operating While Intoxicated,” the technical term in Michigan for the offense that just about everyone calls a “DUI.”
Will I Go to Jail for My First DUI?
Generally speaking, the answer is “no.” The reality is that jail is usually NOT on the menu in most of the courts in the Greater-Detroit area of Wayne, Oakland, Macomb, and surrounding counties.
Also, if you hold a medical or other professional license, you are NOT really at risk of having it revoked for a 1st offense DUI, so don’t sweat that, either.
The whole point of hiring a Michigan DUI lawyer is to either get the whole case knocked out, or, if that’s not possible, to at least avoid and minimize as many of the consequences that are realistic in your case — like having restrictions placed on your ability to drive and being placed on probation with burdensome testing and other conditions.
Is a First-Offense DUI in Michigan a Criminal Charge?
Yes, a DUI is a crime, and a conviction for any alcohol-related traffic offense goes on both a person’s criminal AND driving record. 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.
In fact, 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.
That all sounds good, but making sure that you don’t wind up feeling (or being treated) like a criminal is a key part of what my team and I do in every case we take. Even more important is that we will protect you from being seen by the court system as having a drinking problem, especially if you don’t have one (and most first-time DUI offenders do NOT have any troubled relationship with alcohol).
What is the Most Common Sentence for a First DUI in Michigan?
A period of probation that forbids a person from consuming alcohol, along with breath and/or urine testing to ensure compliance, as well as some kind of alcohol class(es) or counseling.
Remember, the whole goal in any case that can’t be dismissed is to avoid and limit as many of these legal penalties and negative consequences as possible. This is truly a situation where less is more.
Will My Driver’s License Be Suspended After a First Offense DUI Charge?
Yes, but it’s not long term. How soon you will be able to drive again depends on the final offense for which you are convicted, which is often less than your original charge. Here is a summary:
- High BAC (Super Drunk) – License suspended for 45 days (no driving allowed), followed by restrictions with mandatory ignition interlock for the next 10 and ½ months
- OWI (Operating While Intoxicated) – License suspended for 30 days (no driving allowed), followed by restrictions (no interlock required, unless ordered by the court) for the next 5 months
- OWVI (Operating While Visibly Impaired) – NO suspension, but license restricted for 90 days
A Breakdown of First-Offense DUI Penalties in Michigan
In Michigan, there are three types of first-offense DUI charges, each depending upon a person’s bodily alcohol content. Note that the legal limit for OWI is .08, although a person can be charged with and found guilty of OWVI with a lesser blood alcohol content:
- Operating While Intoxicated (OWI)
- Operating While Intoxicated with a BAC of .17 or greater (High BAC), and
- Operating While Visibly Impaired (OWVI, or simply “impaired driving”)
Beyond alcohol, it is illegal for a person to operate a vehicle under the influence of any substance that can impair their ability to do so. Thus, a person can be charged with OWI for driving under the influence of drugs.
In order to be considered a 1st offense, you cannot have had a conviction for ANY prior alcohol-related traffic offense within the 7 years preceding the date of your arrest for the current charge.
If, however, a person’s conviction date for a prior DUI occurs within 7 years of his or her arrest for another DUI (meaning OWI) charge, then it will be considered a second offense. Make no mistake, compared to a 1st offense, a 2nd DUI is a much more serious offense.
This means that although you may have had a DUI many years ago, as long as the conviction date for that offense is more than 7 years before the date of your current arrest, then it can only be charged as a 1st offense.
Here is a breakdown of the 1st offense charges under Michigan’s DUI laws outlining the maximum possible penalties and driver’s license sanctions for first-time offenders:
Operating While Intoxicated (OWI) — Maximum Possible Penalties:
- Up to 93 days in jail
- Up to 360 hours community service
- Fine of $200 to $700, plus costs
- Driver’s license completely suspended for 30 days, followed by 5 months with restricted license
- Possible vehicle immobilization for 180 days
- 6 points on driving record
Operating While Intoxicated with a BAC of .17 or Greater (Super Drunk, or “High BAC”) — Maximum Possible Penalties:
- Up to 180 days in jail
- Fine of up to $300, plus costs
- Up to 360 hours community service
- Driver’s license completely suspended for 45 days, followed by 10 and ½ months on restricted license with MANDATORY Ignition Interlock (BAIID)
- Possible vehicle immobilization
- Mandatory alcohol counseling or treatment
- 4 points on driving record
Operating While Visibly Impaired (OWVI — often simply called “impaired”) — Maximum Possible Penalties:
- Up to 93 days in jail
- Fine of up to $300, plus costs
- Up to 360 hours community service
- NO suspension, but restricted license for 90 days
- Possible vehicle immobilization
- 4 points on driving record
In the real world, the goal in any Michigan OWI or High BAC charge that cannot be dismissed or otherwise thrown out of court is to negotiate a plea-bargain down to impaired driving (OWVI) because the penalties are much less severe.
What About DUI Causing Injury or Death?
When a drunk driving offense results in serious injury or death, the consequences become significantly more severe. It is also worth noting that anyone facing a third offense DUI — which is a felony — may have the option of participating in a Sobriety Court program, which can significantly change the outcome of an otherwise very serious case.
Penalties For DUI Causing Serious Injury
- Up to 5 years in prison
- Fine of $1,000 to $5,000
- Revocation of driver’s license
- Either immobilization or forfeiture of vehicle
Penalties For DUI Causing Death
- Up to 15 years in prison
- Fine of $2,500 to $10,000
- Revocation of driver’s license
- Either immobilization or forfeiture of vehicle
What is the Average Cost of a First DUI Offense in Michigan?
The simplest answer is that a DUI is expensive. Many years ago, the State of Michigan ran an advertising campaign that estimated the cost of a 1st offense DUI at about $10,000. Despite all the years since that campaign, and even accounting for inflation, that figure remains in the right ballpark.
Here is an approximate breakdown:
- Fines and court costs, including probation and testing: $1,000 to $2,500
- Legal fees: These vary depending on the complexity of the case, the specific charge, and the court involved. Some firms charge significantly more than is reasonable or necessary for a straightforward first offense case. Our fees are fair, reflect the work required, and will be quoted clearly when you call.
- Vehicle insurance increases: Depending on the vehicle, roughly $1,500 (about 67%) per year for 3 years
- Miscellaneous costs (such as getting the vehicle out of impound and paying for breath and/or urine testing while the case is pending): Another $800 to $2,500
As noted, these figures are approximations, but all things considered, the total realistic cost of a 1st offense DUI runs anywhere from about $7,000 to $14,000.
Do I Have to Go to Alcoholics Anonymous or Counseling?
Usually not. Of course, if you know your drinking has become a problem, then seeking help is always a good idea, but there are many viable options beyond AA. Most of the time, though, a 1st offense DUI is more an incident of bad judgment than anything else.
Unfortunately, the court system has an inherent “alcohol bias” that tends to “see” an alcohol problem that isn’t really there, or magnifies one that does exist. This assumption directly impacts how every person appearing for a DUI case is treated, right from the very beginning of his or her case.
Therefore, in those cases solid enough to survive any legal challenge, it is critical for our team to do three key things:
- Avoid as many of the legal penalties and negative consequences as possible. This means keeping any period of probation short and simple.
- Protect your ability to drive and your record.
- Make sure that you don’t get forced into any kind of burdensome and expensive counseling or rehab program to provide unnecessary “help” that you don’t need.
You undoubtedly felt bad enough at the time of your arrest. Now it’s time to move forward understanding that, if handled properly, your drunk driving offense can be managed, and wind up being not much more than just a minor and temporary 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 the legal fallout of that single bad decision.
Will I Need to Complete Community Service for OWI?
In many cases, no, BUT there are plenty of exceptions. The courts in Macomb County tend to order community service the least. By contrast, the courts in Oakland County tend to order it the most. Wayne County courts fall somewhere in the middle, with some requiring it and others not.
Even in those courts that do order community service as part of a DUI sentence, the amount required is usually never overwhelming.
Why People Choose Jeffrey Randa & Associates
When you’re facing a first offense DUI, the lawyer you hire matters. Here’s what sets our firm apart:
- We focus on real-world outcomes, not scary statistics. You shouldn’t hire a lawyer who wastes time addressing potential outcomes that simply aren’t going to happen. Our job is to get the case dismissed, if possible, and, if not, to protect you from the consequences that are realistic — like difficult probation, unnecessary counseling, and extended license restrictions.
- We are in court almost every day. Our firm concentrates its practice in the local courts of Wayne, Oakland, and Macomb counties, and the surrounding counties. We know these courts, these prosecutors, and how things work in practice.
- More than 30 years of experience. We have been handling DUI cases in Metro Detroit for over three decades. That kind of experience means we’ve seen almost every fact pattern, every court, and every prosecutor — and we know how to navigate all of them.
- We treat clients like people, not case numbers. A DUI is stressful. Our team will answer your questions honestly, explain exactly what to expect, and work hard to get you through this with your record, your license, and your life as intact as possible.
Ready to Talk? Get a Free, Confidential Consultation
If you are facing a 1st offense DUI anywhere in Wayne, Oakland, or Macomb counties, or any of the surrounding counties, our firm is ready to help. We handle these cases every day in the local courts, and we know how to get results.
Our consultations are free, confidential, and done over the phone — right when you call. There’s no pressure, no commitment, and no obligation. Our team will answer your questions, explain exactly what to expect, and let you compare notes with anything another attorney may have told you.
We are available Monday through Friday, 8:30 a.m. to 5:00 p.m., at 586-465-1980. An after-hours answering service is also available. You can also reach us through the contact form or chat box on our website.
For more information about what to expect, visit our 1st Offense DUI practice page.
FAQs About First Offense DUI in Michigan
Do First-Time DUI Offenders in Michigan Need to Install Ignition Interlock Devices?
No, EXCEPT if convicted of a High BAC offense.
What Happens if You Decline a Blood or Breath Test?
In DUI cases, there is never a urine test because the results only confirm that a person consumed alcohol at some point — not whether he or she was intoxicated, and not to any reliable measure of bodily alcohol content. To be clear, there are generally 2 kinds of tests offered:
- Preliminary Breath Test (PBT): The first, at the side of the road before arrest, is called a PBT. Refusing it is only a civil infraction and cannot result in any driver’s license suspension.
- Post-Arrest Breath or Blood Test: Following a DUI arrest, a person will either be asked to take a breath or blood test. This is the big one that matters. If a person declines to provide a breath or blood sample, the police will almost certainly obtain a warrant for a blood draw.
Michigan law provides that if a person refuses this test, his or her driver’s license will automatically be suspended for 1 year.
Anyone cited for refusal to submit to a chemical test has the right to request a hearing before the Michigan Secretary of State to challenge it. There are 4 issues specified in the law that can be contested.
Although these challenges are seldom upheld, a person can still go to court and request restricted driving privileges.
Is There a Super Drunk Driving Law in Michigan?
Yes. It’s most often called a “High BAC,” but is technically just OWI (Operating While Intoxicated) with a BAC of .17 or greater.
Can a First Offense DUI Be Expunged in Michigan?
Yes, under Michigan’s expanded expungement law, a first offense OWI or OWVI conviction may be eligible for expungement from a person’s criminal record after a waiting period. Expungement is not automatic — it requires a formal petition and a judge’s approval. Our firm handles DUI expungements and can evaluate whether you qualify.
