What Michigan DUI/OWI Charges Mean

In Michigan, OWI (Operating While Intoxicated) is the official term for drunk or drug-impaired driving. However, most people still use “DUI” to describe these cases. Michigan law includes several categories under this single statute:

  • OWI: BAC of 0.08% or higher, or operating a vehicle under the influence of alcohol or drugs.
  • OWVI (Operating While Visibly Impaired): A lesser charge applied when impairment is visible even with a BAC below 0.08%.
  • High BAC (0.17%+): Also called “Super Drunk,” this carries enhanced penalties for elevated blood alcohol levels.
  • UBAC/UBAL: Applies to commercial drivers with a BAC of 0.04% or greater.

Each charge type carries different penalties and consequences, which escalate for repeat offenses or cases involving injury or death.

Potential Penalties for a Michigan DUI/OWI Conviction

First Offense:

  • Up to 93 days in jail
  • Fines of up to $500
  • License suspension for six months (restricted after 30 days)
  • Community service up to 360 hours

High BAC (0.17%+):

  • Up to 180 days in jail
  • Up to $700 in fines
  • One-year license suspension (restricted after 45 days with ignition interlock)
  • Mandatory alcohol treatment

OWVI:

  • Up to 93 days in jail
  • Fines up to $300
  • Restricted license for 90 days (no hard suspension)
  • Community service up to 360 hours

Second Offense:

  • Up to one year in jail
  • $200–$1,000 in fines
  • License revocation for 1–3 years
  • Vehicle immobilization
  • Mandatory alcohol treatment and community service

Third Offense (Felony DUI/OWI):

  • One to five years in prison (or 30 days in jail with probation)
  • Fines up to $5,000
  • License revocation for at least five years
  • Vehicle immobilization or forfeiture

Aggravated DUI/OWI (Injury or Death):

  • Up to five years in prison
  • Fines up to $5,000
  • License revocation and vehicle forfeiture

How We Defend DUI/OWI Cases

Our attorneys will immediately obtain and review all the evidence in your case, including the police report, dash and body cam footage, and all chemical test results.
We challenge every aspect of the case, including:

  • Illegal traffic stops or lack of probable cause
  • Improperly administered field sobriety tests
  • Faulty breathalyzer or blood test results
  • Chain-of-custody issues with test evidence
  • Insufficient proof of operation or impairment

When dismissal isn’t possible, we negotiate with prosecutors to reduce charges and minimize penalties. Because we appear daily in courts across Wayne, Oakland, and Macomb counties, we know how each court handles DUI/OWI cases and how to secure the best outcomes possible.

Breath and Blood Tests in Michigan DUI/OWI Cases

  • Roadside Preliminary Breath Test (PBT): Refusing is a civil infraction (fine only).
  • Post-Arrest Test: Refusing triggers Michigan’s Implied Consent suspension—one year loss of license, which can be appealed to the circuit court.
    Our firm regularly handles implied consent appeals to help clients retain or restore driving privileges.

License Restoration and Post-Conviction Support

We are also Michigan driver’s license restoration attorneys. If your license has been suspended or revoked following a DUI/OWI conviction, we’ll help you through the reinstatement process. Our background in license restoration gives us a unique advantage in protecting your ability to drive long-term.

What To Do After a DUI/OWI Arrest

  1. Contact an experienced DUI/OWI attorney before your first court date.
  2. Do not discuss your case with anyone other than your lawyer.
  3. Write down everything you remember about the stop, arrest, and testing.
  4. If your case is in the Greater Detroit area, call our office immediately to protect your record and your license.

Get Help From a Michigan DUI/OWI Defense Lawyer Today

If you were arrested for DUI or OWI anywhere in Michigan, particularly in Oakland, Macomb, Wayne, or the surrounding counties, call Jeffrey Randa and Associates today. We’ll explain your options, protect your rights, and start building your defense immediately.

All consultations are free, confidential, and done over the phone right when you call. Your case is unique; your defense should be too.

DUI

What Michigan DUI/OWI Charges Mean

In Michigan, OWI (Operating While Intoxicated) is the official term for drunk or drug-impaired driving. However, most people still use “DUI” to describe these cases. Michigan law includes several categories under this single statute:

  • OWI: BAC of 0.08% or higher, or operating a vehicle under the influence of alcohol or drugs.
  • OWVI (Operating While Visibly Impaired): A lesser charge applied when impairment is visible even with a BAC below 0.08%.
  • High BAC (0.17%+): Also called “Super Drunk,” this carries enhanced penalties for elevated blood alcohol levels.
  • UBAC/UBAL: Applies to commercial drivers with a BAC of 0.04% or greater.

Each charge type carries different penalties and consequences, which escalate for repeat offenses or cases involving injury or death.

Potential Penalties for a Michigan DUI/OWI Conviction

First Offense:

  • Up to 93 days in jail
  • Fines of up to $500
  • License suspension for six months (restricted after 30 days)
  • Community service up to 360 hours

High BAC (0.17%+):

  • Up to 180 days in jail
  • Up to $700 in fines
  • One-year license suspension (restricted after 45 days with ignition interlock)
  • Mandatory alcohol treatment

OWVI:

  • Up to 93 days in jail
  • Fines up to $300
  • Restricted license for 90 days (no hard suspension)
  • Community service up to 360 hours

Second Offense:

  • Up to one year in jail
  • $200–$1,000 in fines
  • License revocation for 1–3 years
  • Vehicle immobilization
  • Mandatory alcohol treatment and community service

Third Offense (Felony DUI/OWI):

  • One to five years in prison (or 30 days in jail with probation)
  • Fines up to $5,000
  • License revocation for at least five years
  • Vehicle immobilization or forfeiture

Aggravated DUI/OWI (Injury or Death):

  • Up to five years in prison
  • Fines up to $5,000
  • License revocation and vehicle forfeiture

How We Defend DUI/OWI Cases

Our attorneys will immediately obtain and review all the evidence in your case, including the police report, dash and body cam footage, and all chemical test results.
We challenge every aspect of the case, including:

  • Illegal traffic stops or lack of probable cause
  • Improperly administered field sobriety tests
  • Faulty breathalyzer or blood test results
  • Chain-of-custody issues with test evidence
  • Insufficient proof of operation or impairment

When dismissal isn’t possible, we negotiate with prosecutors to reduce charges and minimize penalties. Because we appear daily in courts across Wayne, Oakland, and Macomb counties, we know how each court handles DUI/OWI cases and how to secure the best outcomes possible.

Breath and Blood Tests in Michigan DUI/OWI Cases

  • Roadside Preliminary Breath Test (PBT): Refusing is a civil infraction (fine only).
  • Post-Arrest Test: Refusing triggers Michigan’s Implied Consent suspension—one year loss of license, which can be appealed to the circuit court.
    Our firm regularly handles implied consent appeals to help clients retain or restore driving privileges.

License Restoration and Post-Conviction Support

We are also Michigan driver’s license restoration attorneys. If your license has been suspended or revoked following a DUI/OWI conviction, we’ll help you through the reinstatement process. Our background in license restoration gives us a unique advantage in protecting your ability to drive long-term.

What To Do After a DUI/OWI Arrest

  1. Contact an experienced DUI/OWI attorney before your first court date.
  2. Do not discuss your case with anyone other than your lawyer.
  3. Write down everything you remember about the stop, arrest, and testing.
  4. If your case is in the Greater Detroit area, call our office immediately to protect your record and your license.

Get Help From a Michigan DUI/OWI Defense Lawyer Today

If you were arrested for DUI or OWI anywhere in Michigan, particularly in Oakland, Macomb, Wayne, or the surrounding counties, call Jeffrey Randa and Associates today. We’ll explain your options, protect your rights, and start building your defense immediately.

All consultations are free, confidential, and done over the phone right when you call. Your case is unique; your defense should be too.

Frequently Asked Questions

Can my DUI/OWI charge be reduced in Michigan?

Yes. Depending on the circumstances, your charge may be reduced. If the evidence is strong, we’ll work to negotiate with prosecutors to minimize penalties and potentially lower your charge to a lesser offense, such as impaired driving.

How serious is a first-offense DUI/OWI in Michigan?

A first offense can bring up to 93 days in jail, fines, community service, and a temporary license suspension. In most Metro-Detroit courts, we can usually avoid jail, especially for first-time offenders. However, it’s still important to act quickly to protect your driving privileges and record.

What happens to my driver’s license after a DUI/OWI arrest?

Here’s a breakdown for a first-offense conviction:

  • OWI: Six-month suspension, no driving for 30 days, restricted license for the next five months.

  • High BAC (.17%+): One-year suspension, restricted after 45 days with ignition interlock.

  • OWVI: 90-day restriction with immediate eligibility for a restricted license.
    Refusing a post-arrest breath or blood test adds a separate one-year suspension under Michigan’s implied-consent law, which we can appeal in circuit court.

How likely is jail time for a first OWI offense in Michigan?

While jail is legally possible, most first-time offenders avoid it. Judges in Metro-Detroit courts often prefer probation, community service, and alcohol education over incarceration—especially when the case is handled proactively.

Will an OWI conviction stay on my record permanently?

An OWI conviction remains on your driving record indefinitely. However, some first-time offenses may be eligible for criminal-record expungement after a waiting period. We’ll review your case to determine if you qualify.

Will I have to go to court more than once?

Yes. Most cases require multiple court appearances for arraignment, pre-trial, and sentencing. We’ll guide you through each stage and let you know if you must appear in person or if certain dates can be handled virtually.

Should I take the breath or blood test if I’m stopped?

Refusing the roadside PBT leads only to a civil fine. Refusing the official post-arrest test triggers a one-year license suspension unless appealed. In most cases, taking the test is the better option, but it depends on your specific circumstances.

Can I still drive after being charged with DUI/OWI?

Generally, yes—license penalties take effect only after a conviction. However, if you refuse a chemical test, you must appeal within 14 days to avoid an automatic suspension. Even if you miss that window, we can often petition the circuit court to restore limited privileges.