Operating While Intoxicated (OWI) in Michigan is governed by the Michigan Vehicle Code at MCL 257.625. An OWI conviction carries both criminal penalties (fines, community service, potential jail) and administrative driver license sanctions from the Michigan Secretary of State.
Michigan OWI Charge Categories
Michigan law recognizes several distinct offenses related to impaired driving:
- Operating While Intoxicated (OWI): Operating with a Blood Alcohol Content (BAC) of 0.08 grams or more, or operating while visibly impaired by alcohol, controlled substances, or a combination.
- High BAC (“Super Drunk”): Operating with an unlawful bodily alcohol content of 0.17 grams or higher. Carries enhanced penalties, mandatory ignition interlock device (BAIID) requirements, and longer license suspension.
- Operating While Visibly Impaired (OWVI): Operating with impaired ability due to alcohol or drugs, often charged as a lesser offense or plea resolution.
- Operating with Any Presence of a Schedule 1 Substance: A strict liability offense under MCL 257.625(8) requiring no proof of actual impairment.
How an OWI Defense Is Built
A thorough OWI defense scrutinizes every stage of the stop and arrest:
1. Reasonable Suspicion for the Initial Stop
An officer must have a particularized and objective basis for suspecting legal wrongdoing before initiating a traffic stop. If the stop lacked constitutional reasonable suspicion, all subsequently obtained evidence may be suppressed.
2. Standardized Field Sobriety Testing (SFST)
Field sobriety evaluations (Horizontal Gaze Nystagmus, Walk and Turn, One Leg Stand) must adhere strictly to National Highway Traffic Safety Administration (NHTSA) protocols. Environmental conditions, uneven pavement, improper footwear, and medical conditions can compromise test validity.
3. Chemical Testing and DataMaster DMT Calibration
Under Michigan law, evidential breath testing on the DataMaster DMT must comply with administrative rules governing 15-minute observation periods, operator certification, weekly calibration checks, and maintenance logs. Blood draws must maintain a strict chain of custody and comply with statutory collection procedures.
Driver License Implications
A first OWI conviction results in a 30-day hard driver license suspension followed by 150 days of restricted driving privileges. A High BAC conviction triggers a 45-day hard suspension followed by 320 days of restricted driving with a mandatory vehicle interlock device.
For strategic OWI defense in Ann Arbor and throughout Southeast Michigan, contact attorney Joseph A. Simon at (734) 887-6200.
Joseph A. Simon
Solely focused on criminal defense for more than 40 years. Defending individuals charged with felonies, misdemeanors, and drunk driving across Washtenaw County, Wayne, Oakland, Livingston, and throughout Southeast Michigan.