In Michigan, a first-offense OWI (operating while intoxicated) generally results in a fine and driver’s license restrictions as well as jail time or community service. (Many people also use the term “driving under the influence” (DUI).)
A driver in Michigan may be subject to varying penalties for a second OWI/DUI offense within seven years. If the driver has a blood alcohol content (BAC) of .08% or above, the penalties will be less than if the BAC is .17% or higher.
In Michigan, a third OWI (operating while intoxicated) or OWVI (operating while visibly intoxicated) conviction within seven years of when the first offense occurred will likely result in fines, jail time, and driver’s license revocation. The ranges of possible penalties are explained below.
Blood and breath tests are often used in DUI investigations to determine blood alcohol concentration (BAC) or the amount of drugs in a driver’s system. Passing one of these tests could lead to exoneration, while failing could help the prosecution prove a DUI in court.
Michigan has intoxicated driving laws that prohibit operating a vehicle while under the influence of (OWI) or visibly impaired by (OWVI) alcohol or drugs. These laws apply to everyone, regardless of age. However, drivers who are under the age of 21 can also be convicted of an underage OWI.
Michigan’s open container law prohibits both drivers and passengers from transporting or possessing an open container of alcoholic liquor in a motor vehicle. Read about the specifics, including the exceptions and penalties.
Soon after being arrested, a Michigan OWI defendant must attend an arraignment, a process during which the defendant is told the charges against him or her and asked to enter a plea. Bond may also be set at the arraignment.