Michigan OWI Laws and Penalties

What is an OWI Charge?

OWI is an acronym for “operating while under the influence” and an OWI charge is quite the same as a driving while intoxicated (DWI) or a drunk driving charge. An OWI charge is leveled against any person who is found operating a vehicle while she/he is intoxicated by alcohol, banned drugs, or certain medications. These charges apply not only to vehicles like cars, motorcycles, and trucks, but also to vehicles and automobiles used for work or recreation. Thus it is illegal to also operate a boat, tractor, jet-ski, or any other type of machinery while under the influence of alcohol or drugs.

An OWI charge carries with it heavy fines and penalties.

Michigan OWI Laws

The Michigan OWI laws have evolved from the older Michigan OUIL/UBAC laws that were applicable to the offense of Operating Under the Influence of Intoxicating Liquor (OUIL.) These laws can be enforced by the district and circuit court judges. Trial court judges may also enforce these laws on a daily basis.

As per the Michigan OWI laws, it is illegal to drive if you are intoxicated or impaired after consuming alcohol, some banned drugs, and certain prescribed medicines. It is also illegal if you are driving when your bodily alcohol content (in the blood or breath) is 0.08% or more, this condition being defined as driving when intoxicated. This 0.08% level is the standard measurement that is followed all over the United States. Allowing a person to drive a vehicle when he is intoxicated and impaired constitutes an OWI crime in Michigan. You can also be booked under the Michigan OWI law if you are found driving with any Schedule 1 drug like cocaine or barbiturates.

There are Michigan OWI laws for people under 21 years of age. For instance, it is illegal for someone aged under 21 years to drive when his/her bodily alcohol content is 0.02% or more or the person has been found to consume alcohol for reasons except in a recognized religious ceremony. A person under 21 years also cannot buy, possess, or consume alcoholic beverages. She/he may carry alcohol in a vehicle only with an adult, more than 21 years of age, present. Misdemeanor charges will apply, whether you have been discovered on the road or in a parking area.

It is worth mentioning here that if you are arrested for an OWI charge in Michigan, you will be subjected to a blood, breath, or urine test. This is the implied consent law and is followed here as in many other states. If you refuse to take the test, your driving license may be suspended for a year and six points will be added to your driving record. Your only way out is to request an administrative hearing within 14 days of your arrest. If you refuse this test a second time within seven years of the first refusal, your driver’s license will be suspended for two years.

Michigan OWI Penalties

Generally an OWI charge in Michigan constitutes a misdemeanor. There are however, differences in penalties, fine amounts, and jail terms based on whether the charge is a repeat offense or not. A first time Michigan OWI offense carries with it these penalties: a prison sentence of up to 93 days; suspension of license for up to six months; an imposition of fine of any amount between USD 100 to USD 500; addition of six points to the driving record; and a USD 1,000 driver responsibility fine for up to two years. The person may however, be issued a restricted license after 30 days. The convicted person may also be required to perform community service for up to 360 hours or have his vehicle immobilized based upon the discretion of the legal authority. Authorities are also entitled to order ignition interlock during the period of probation.

A second Michigan OWI conviction carries graver penalties: a jail sentence that may range from five days to a year; suspension of license for at least a year with no chance of a restricted license being issued; confiscation of the license plate; an imposition of a fine amounting to anything between USD 200 to USD 1,000; immobilization of the vehicle for up to 90 to 180 days if the vehicle has not been forfeited; addition of six points to the driving record; and a USD 1,000 driver responsibility fine for up to two years. The driver convicted of a repeat OWI charge may also have to perform community service for 30 to 90 days and additionally the legal authority may order ignition interlock during the probation period. 

The Michigan OWI laws have recently been modified. Previously, Michigan laws dictated that a third OWI offense will be treated as a felony only if it has occurred within ten years of the previous offenses. From January 3, 2007 onwards, the court removed this 10 year “look back” period on all drunk driving charges. Now, a person charged with an OWI offense with two prior convictions, irrespective of their age, will be tried for felony.

An OWI offense that has led to death carries serious punishments. The convicted person is sentenced to 15 years in prison, 20 years if the offense has led to the death of a policeman or a firefighter; fines ranging from USD 2,500 to USD 10,000 are imposed, and the vehicle is immobilized. There are also punishments for OWI charges that have resulted in serious injuries: a five-year prison sentence, compulsory vehicle immobilization, and fines starting from USD 1,000 to USD 5,000. 

Jail sentences ranging from five days to a year; imposition of fines between USD 200 to USD 1,000, compulsory vehicle immobilization, and mandatory community service for 30 to 90 days follow a DWI offense that has been proven to endanger the life of a child. A second such conviction carries these penalties: serving a prison sentence for one to five years; serving a probation period with jail that ranges from 30 days to a year; imposition of fines amounting to anything between USD 500 to USD 5,000; compulsory vehicle immobilization; and compulsory community service from 60 to 180 days.

It is worth noting here that the Michigan courts do not allow hardship appeals for habitual alcohol or substance abuse offenders.

Every year, thousands of people are killed or permanently crippled in drunk driving instances. Michigan OWI laws are stringent and the penalties are severe. They are deliberately so to ensure that the number of such accidents come down and the roads of Michigan are safer.