Michigan DUI/OWI FAQs

Michigan uses the term Operating While Intoxicated (OWI) instead of DUI. The charge applies when police claim you operated a vehicle with a blood alcohol content (BAC) of 0.08 or higher, or when alcohol or drugs affected your ability to drive. Many people still say “DUI,” but OWI is the language used in Michigan law.

Your first appearance is usually the arraignment. You will hear the charges, the judge or magistrate will discuss bond conditions, and the court may order alcohol testing. In Metro-Detroit courts, this often includes no-drink conditions and regular check-ins. We help you understand what to expect and how to comply.

License penalties depend on the charge. A first-offense OWI conviction carries a suspension and restrictions, while a conviction for a High BAC offense triggers a longer suspension with restrictions. Michigan’s Secretary of State, not the judge, controls license penalties. 

Most first-offense OWI cases in Oakland, Macomb, and Wayne counties do not result in jail time, although each court is different. Judges often focus on probation, education, alcohol testing, and community service instead. The facts of your case matter, and we will help you understand your options.

Michigan’s High BAC charge applies when your BAC is 0.17 or higher. Penalties for a conviction include a longer license suspension, higher fines, mandatory alcohol treatment, and possible vehicle restrictions. Courts in Metro-Detroit take High BAC cases seriously, so early legal guidance can help you prepare.

An OWI becomes part of your permanent driving record. Michigan allows a limited expungement process for a first-offense OWI from your criminal record, but only after five years. The conviction will stand until a person files for and wins an expungement.

Refusing the breath test triggers the Implied Consent law, which can lead to a one-year license suspension. You only have 14 days to request a hearing with the Secretary of State. Courts in Metro-Detroit have no role in this. However, we can go to circuit court and petition for a hardship license if you either fail to file for or lose your Secretary of State hearing.

Roadside tests, like the portable breath test, are used for probable cause to make an arrest and are not admissible at trial. Refusing this test is only a civil infraction and does not carry any license penalty. The chemical (breath or blood) test at the station or hospital is what the state uses to support the OWI charge, and refusing this post-arrest test is what triggers the Implied Consent violation.

Sometimes. Operating While Visibly Impaired (OWVI) is a less severe charge with fewer license penalties. Prosecutors may allow this in certain cases, especially for first-time offenders. Each county handles reductions a bit differently.

It may. Many employers request court records or driving history, and certain professional boards require reporting a conviction. We will review your situation and help you understand what information must be disclosed.

While you can represent yourself, OWI cases involve scientific evidence, testing procedures, and court rules that are not obvious without experience. We will help you understand your options, protect your record, and work toward the best outcome available. 

Michigan treats drug-related OWI cases similarly to alcohol cases. If the police claim you had a controlled substance in your system or that you appeared impaired, the penalties can mirror a traditional OWI. Drug cases often involve questions about testing accuracy and timing.

Most cases move through Metro-Detroit courts within two to six months. Factors include whether the case goes to trial, the availability of police witnesses, and whether there are motions involving testing or suppression of evidence.

Dismissals are possible, though not common. They typically occur when evidence is faulty, the stop was unlawful, or testing procedures were handled incorrectly. We review every detail to identify weaknesses in the state’s case.

Write down what happened, save all paperwork, and follow any testing or bond conditions. Then reach out to Jeffrey Randa and Associates. We will help you understand the charges, the court process, and the options available in your specific county and court.