First Offense OWI in Michigan

In Michigan, what is commonly regarded as driving under the influence (DUI) across the United States is legally termed operating while intoxicated (OWI). A person is said to be operating while intoxicated if their blood alcohol content is above the state's legal limit of 0.08% have alcohol content. Getting charged with a Michigan OWI may lead to severe legal, financial, and personal consequences for even first-time offenders. These laws are in place to ensure safety on state roads and the well-being of motorists.

What Qualifies as a First OWI in Michigan?

Before someone may qualify as an OWI offender, they must have a blood alcohol content that exceeds the state's legal limit. This legal limit varies from state to state, with Michigan's being 0.08%. However, this legal limit does not apply to everyone. For instance, underaged drivers are subject to a zero-tolerance law, which is the level of intoxication that is illegal for drivers below the legal drinking age.

In Michigan, the state limit for zero-tolerance BAC is 0.02%. It is different for underage drinkers since they are legally prohibited from drinking anyway. Therefore, any amount of alcohol found may lead to a criminal charge. Michigan also has enhanced penalties for those whose BAC exceeds the state limit. Anyone found driving with a BAC of 0.15% may be subject to more severe criminal charges.

Possible Penalties for a First Offense OWI in Michigan

Depending on the state, a person may be penalized if convicted of a DWI, even if it is a first-time offense. These penalties include jail time, community service, probation, etc. First-time offenders may be subject to the following penalties:

Do You Lose Your License for a First OWI in Michigan?

Anyone convicted of a first-offense OWI in Michigan may face a mandatory 30-day suspension of their driver's license. Once they have served their suspension, the offender may have their license restricted for another 150 days. However, if a person is charged with a first-offense high BAC (0.17% or above), their license is suspended for 45 days. Their license may be restricted for an additional 320 days. They must also install an ignition interlock device to take advantage of this restricted privilege.

What Is the Implied Consent Law in Michigan and How Does It Affect First OWI Cases?

According to state law, everyone who is stopped on suspicion of operating while intoxicated (OWI) must agree to be subject to a blood alcohol content test. A police officer may give a breath alcohol content (BAC) test at the crime scene, in the station, or at the hospital following an arrest.

If needed, an officer may test an individual twice in some situations. According to Michigan's Implied Consent Law, all drivers must take a test or risk having their license suspended or suffer point additions. Law enforcement may administer BAC tests in different ways, including Field sobriety tests, such as preliminary breathalyzers, DataMaster DMT breathalyzers, and blood tests.

Anyone who refuses a BAC test may face the following penalties:

• Six points on their license
• Suspension of their license for one year

Is an Ignition Interlock Device Required for a First OWI Offense in Michigan?

In Michigan, an ignition interlock device is generally not required for first-time OWI offenders. However, first-time offenders over the enhanced penalty limit or repeat offenders must install one. If a restricted license is issued, the driver is limited to operating motor vehicles equipped with an ignition interlock device. The initial period to use such a device is one year.

Can a First OWI Be Dismissed or Reduced in Michigan?

A first OWI conviction carries severe consequences for an individual, from tainting their reputation to negatively affecting chances of employment and personal relationships. As a result, those charged with an OWI must go through any legal avenue available to dismiss or reduce it in Michigan. It is not easy to have an OWI dismissed in Michigan, as it is not straightforward and many factors may influence the outcome. An individual may have the court examine every part of the arrest to find a basis for dismissal. Courts would look for things such as:

1. Errors in law enforcement processes.
2. Lack of reasonable cause for a traffic stop.
3. Inaccuracies in BAC or sobriety tests.

Before someone may be subject to a traffic stop, police officers must have probable cause. That is, there must be reasonable grounds to believe that the individual was breaking the law before they initiated the traffic stop. If the courts find no probable cause or reasonable grounds to suspect the driver of wrongdoing, there may be grounds to challenge and dismiss the OWI. Additionally, if it is found that BAC or sobriety tests were administered, the suspected offender may have the charges dismissed. The law mandates that breathalyzer machines are strictly calibrated and maintained, and not doing so may lead to inaccurate results.

Long-Term Consequences of a First OWI

There are many severe and long-term consequences that first-time OWI offenders may face in Michigan. For example, an OWI charge could eventually lead to a criminal record if the individual is convicted. This dramatically affects their chances of scaling through criminal background checks, making it difficult to gain employment. Additionally, an OWI conviction shows a person is a risk to other motorists and themselves. As a result, they may have to pay higher insurance costs, potentially needing to purchase an SR-22 insurance policy.

Do You Need an OWI Attorney in Michigan?

If an individual has been charged with an OWI in Michigan, they must hire an experienced OWI attorney. While a person may represent themselves, OWI laws are too complex and need someone with technical expertise to navigate them properly. An attorney would help them challenge evidence, negotiate lesser penalties, and protect their rights.