Michigan OWI – Operating While Intoxicated

If you have been arrested in Michigan for OWI – Operating While Intoxicated, you may have defenses that can be used to win at trial, secure a successful reduction, or eliminate jail time. However, you must hire an attorney immediately to secure your rights and begin to properly investigate your case and prepare to meet with the prosecuting official.

OWI Defense – How an Attorney Can Help

Michigan OWI laws are very tough. There is a massive campaign to eliminate drunk driving all over the country. This has led to increased enforcement, penalties and stigma attached to a drunk driving conviction. Don’t let this mistake affect your future forever. An experienced defense attorney can help you through this time and present any and all defenses that you may have to your charge.

OWI – First Offense Operating While Intoxicated

A First Offense for a Michigan OWI will typically not carry with it any jail time by the district court judge. There are certainly exceptions to this rule depending on the facts of the case, the original charge, and ANY alcohol history at all. Dont take the chance that one of these factors could land you back in jail. A defense attorney can make sure to argue your individual case and fight to keep you out of jail. There are large fines, costs and other penalties in terms of your license…some of which are listed below: 

Michigan has some of the toughest laws in the country and….

• Require courts to decide drunken driving cases within 77 days after an arrest.
• Require a mandatory six-month driver license suspension even for a first conviction. A driver may be eligible for a restricted license after serving 30 days of the suspension.
• Require five days to one year of consecutive jail time and/or 30 to 90 days of community service for a second conviction of drunk driving.
• Include a felony for three convictions in a lifetime.
• Include a felony for a conviction for drunk driving that causes death.
• Include a felony for a conviction for drunk driving that causes a serious injury to another.
• Require fines for a conviction of driving while a driver license is suspended or revoked of up to $500 for a first offense, and $1,000 for an additional offense.
• Do not allow hardship appeals for habitual alcohol offenders.
• Require a reinstatement fee of $125 if your driver license was suspended, revoked, or restricted.
• Require a Driver Responsibility Fee of $1,000 for two consecutive years for driving while intoxicated and a $500 fee for two consecutive years for driving while impaired, with any presence of a
• Schedule 1 drug or cocaine, zero tolerance, or child endangerment.

OWI First Offense Penalties

Operating While Intoxicated 1st Offense – $100 to $500 fine and one or more of the following:

• Up to 93 days in jail.
• Up to 360 hours of community service.
• Driver license suspension for 30 days, followed by restrictions for 150 days.
• Possible vehicle immobilization.
• Possible ignition interlock.
• Six points added to driver record.
• $1,000 Driver Responsibility Fee for two consecutive years for OWI.
• $500 Driver Responsibility Fee for two consecutive years for OWPD.

OWI Second Offense Penalties

Operating While Intoxicated 2nd Offense – $200 to $1,000 fine and one or more of the following:

• Five days to one year in jail.
• 30 to 90 days community service.
• Driver license denial/revocation for a minimum of one year.
• License plate confiscated.
• Vehicle immobilization 90 to 180 days unless vehicle is forfeited.
• Possible vehicle forfeiture.
• Six points on driver record.
• $1000 Driver Responsibility Fee for two consecutive years.

OWI Third Offense Felony Penalties

Operating While Intoxicated 3rd Offense – $500 to $5,000 fine and either:

• One to five years imprisonment.
• Probation with 30 days to one year in jail.
• 60 to 180 days community service.
• Driver license denial/revocation for a minimum five years.
• License plate confiscation.
• Vehicle immobilization one to three years unless vehicle is forfeited.
• Possible vehicle forfeiture.
• Registration denial.
• Six points on driver record.
• $1000 Driver Responsibility Fee for two consecutive years.