Drunk Driving (OWI/DUI) in Michigan
Being charged with a drunk driving offense (OWI/DUI) in Michigan can be devastating. The State of Michigan has some of the harshest and most difficult laws relating to drinking and driving. The penalties for a drinking and driving conviction in Michigan include possible incarceration, thousands of dollars in fines and costs, probation, and driver's license restrictions or even revocation.
I understand the embarrassment and anxiety that an OWI/DUI arrest may cause. However, you may have options and defenses that are not readily apparent without a thorough review and development of a defense from an experienced OWI/DUI attorney. Spencer M. Bondy has helped hundreds of clients accused of drunk driving identify these defenses resulting in dismissals and other favorable outcomes in Court. I am here to help you navigate the nuances of an OWI/DUI arrest, including collateral consequences affecting your license and employment.
Spencer M. Bondy is a member of the Michigan Association of OWI Attorneys and is a co-author of the Trial Tactics chapter in the Michigan Drunk Driving Law and Practice book published by the Michigan Institute of Continuing Legal Education.
When your Freedom, License, and Employment are in Danger, you Need an Experienced OWI/DUI Lawyer who will Fight for You.
Michigan Drunk Driving Offenses & Penalties
Operating While Intoxicated (OWI)
Possible Penalties:
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Up to 93 days in jail, 2 years of probation
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Up to $500.00 in fines (plus hundreds in court costs, restitution, cost of prosecution, probation fees)
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Up to 360 hours of community service
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30 day license suspension & 150 day license restriction
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6 points on your driver's license
Michigan law refers to drunk driving as "Operating While Intoxicated" (OWI). An OWI is the most common drunk driving related offense in Michigan, and it does not always require that you consumed alcohol. For example, an OWI may be charged when the prosecution believes that you operated your vehicle "while under the influence" of a drugs and/or alcohol, even your prescription medication. In order to be found guilty of an OWI, the prosecution must establish beyond a reasonable doubt that you operated a motor vehicle with an unlawful bodily alcohol content (0.08) or while under the influence of alcohol and/or a controlled substance or other intoxicating substance. To prove that you were under the influence, the prosecution must present enough evidence to establish that your ability to operate a motor vehicle in a normal manner was substantially lessened. In other words, that because of your consumption of alcohol and/or drugs, your mental or physical condition was significantly affected and you were no longer able to operate your car in a normal manner.
There is a separate related OWI charge that does not require the prosecution to present any evidence of impairment. This charge is called Operating With Any Amount of Schedule 1 Controlled Substance or Cocaine (OWACS). Instead, the prosecution must establish that, at the time you operated a motor vehicle, you had any amount of a Schedule 1 Controlled Substance or Cocaine in your body, even a small trace of these drugs.
Operating While Visibly Impaired (OWVI)
Possible Penalties:
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Up to 93 days in jail, 2 years of probation
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Up to $300.00 in fines (plus hundreds in court costs, restitution, cost of prosecution, probation fees)
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Up to 360 hours of community service
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90 day license restriction
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4 points on your driver's license
Under Michigan law, you can be prosecuted for a drunk driving offense even if your BAC was less than 0.08 at the time you operated your vehicle. Operating While Visibly Impaired (OWVI) is a lesser included charge of OWI. However, it can be charged itself where the chemical evidence (i.e., breath, blood, or urine test) does not show a BAC over 0.08 or the presence of any controlled substances, or shows the presence of prescription medication within therapeutic dosages, and prosecutor believes that due to your consumption of alcohol and/or drugs, you drove with less ability than an ordinary careful driver. In order to prove this charge, the prosecution must establish that your ability to drive was lessened to the point that it would have been noticed by another person.
All OWI/OWVI cases require a thorough review of police reports, audio and video evidence including body-worn-camera footage, medical reports (if applicable), testing records and maintenance logs, witness interviews, and more to identify and develop a thorough defense. What you do and how you act during a traffic stop often impact how the Court, prosecutor, and the jury view your ability to safely operate your vehicle in an OWI/OWVI case. You should never admit fault or guilt during a traffic stop and you should limit your responses to officers, but remember that you are most often on video. Do not be rude or verbally abusive, you will not win an argument with an officer on the road. The street is not the location to litigate your case and you only risk additional charges by being aggressive and combative with officers.
OWI High BAC
Possible Penalties:
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Up to 180 days in jail, 2 years of probation
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Up to $700.00 in fines (plus hundreds in court costs, restitution, cost of prosecution)
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Up to 360 hours of community service
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45 day suspended license & 320 day restricted license with an alcohol ignition interlock required
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6 points on your driver's license
A Operating with a High Blood Alcohol Content or "super drunk" (High BAC) charge alleges that at the time you operated your vehicle, your BAC was more than double the legal limit of 0.08. High BAC is most often charged when law enforcement and the prosecutor receive a chemical test report (i.e., breath, blood, or urine) stating that your BAC was over 0.17, even if the chemical test was taken hours after you last operated your vehicle. This is because Michigan Law allows a Court to instruct a jury that they may infer that your BAC was the same at the time of the chemical test as it was at the time you last operated your vehicle. It seems illogical that your BAC would remain at a constant number over time and the science proves that this is legal presumption is inaccurate. Your BAC is always changing, whether you are in the absorption phase or the elimination phase of your body processing the alcohol you consumed. High BAC charges require a thorough understanding of the chemical testing instrument as well as a reconstruction of all events from the night of your arrest to prove that your BAC was below this legal limit. The penalties for a High BAC conviction are severe and should not be taken lightly.
Zero Tolerance (OWI Under 21)
Possible Penalties:
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Up to $250.00 in fines
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Up to 360 hours of community service
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30 day suspended license & 150 day restricted license
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6 points on your driver's license
Zero Tolerance or "Person Under 21 Operating with Any Alcohol in System" is a relatively less frequent OWI charge, but can carry significant penalties and collateral consequences. This charge requires that the prosecutor prove that at the time you operated a motor vehicle, you were under 21 years old and had a BAC of at lest 0.02. The prosecutor may be required to prove that the presence of alcohol was not the result of consuming alcohol as part of a generally recognized religious service or ceremony, if applicable. Most often you will see prosecutors charging minors with a standard OWI, High BAC, or OWVI charge in lieu of Person Under 21 Operating with Any Alcohol in System due to those charges carrying a possible jail sentence.
OWI Child Endangerment
Possible Penalties:
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Up to 360 days in jail, 2 years of probation
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Up to $1,000.00 in fines (plus hundreds in court costs, restitution, cost of prosecution, probation fees)
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Up to 90 days of community service
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Alcohol ignition interlock attached to your vehicle
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90 day license suspension & 90 day license restriction
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6 points on your driver's license
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Child Protective Services (CPS) Investigation
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A second offense Child Endangerment is a felony punished by up to 5 years in prison, mandatory 30 days in jail, 3 years of probation, license revocation, and vehicle immobilization
OWI Child Endangerment or "Violation with a Person Under the Age of 16 in the Motor Vehicle" is one of the most severe OWI related charges that does not involve an injury or death. An OWI Child Endangerment charge requires that the prosecutor prove that you operated your vehicle while intoxicated (OWI), while visibly impaired (OWVI), or with the presence of a Schedule 1 Controlled Substance (OWACS) and at the time you operated your vehicle, a child under the age of 16 years old was present in your vehicle. Because of the increased risk to the minor passenger, the penalties for an OWI Child Endangerment charge are significant, including the increased punitive measures of a mandatory 30 days of community service (up to 90 days of community service) and up to 1 year in jail. The licensing penalties are also significant, with 6 points being added to your license, a mandatory 90 day hard suspension of your license, and the corresponding increase in your insurance premiums.
In addition to the Court imposed penalties and license sanctions, you may also find yourself facing a Child Protective Services (CPS) investigation. If you are facing an OWI Child Endangerment charge, it is vital that you quickly contact an experienced OWI defense attorney and take proactive measures immediately. CPS moves quickly and any statements you make to a CPS officer during their investigation can, and often are, used against you in the prosecution of your criminal charge. It is important that you have experienced legal counsel with you during the CPS investigation, including any home visits or interviews conducted by CPS to avoid common pitfalls during their investigation that may impact your defense in your criminal prosecution. An OWI charge does not make you a bad parent, but it can impact your relationship with your children and spouse/partner. Spencer M. Bondy has successfully represented parents and others accused of OWI Child Endangerment charges throughout the State of Michigan. If you or a loved one are facing an OWI Child Endangerment charge, we are here to help you.
Operating While Intoxicated 2nd Offense (OWI)
Possible Penalties:
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Up to 360 days in jail, 2 years of probation
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Mandatory 5 days in jail
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Up to $1,000.00 in fines (plus hundreds in court costs, restitution, cost of prosecution, probation fees)
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Up to 90 days of community service
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Alcohol ignition interlock attached to your vehicle
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Possible license revocation (if two OWI related convictions within a 7 year period)
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Possible Vehicle Immobilization
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6 points on your driver's license
Operating While Intoxicated 2nd Offense carries increased penalties from a standard OWI or OWVI charge. However, in order to be charged with an OWI 2nd Offense, the prosecution must establish that you have been convicted of an OWI related offense (i.e., OWI, OWVI, OWACS, Zero Tolerance, OWI Child Endangerment) within 7 years of the date of the new alleged OWI. In other words, timing can play a significant role in evaluating whether you were properly charged with OWI 2nd Offense, in addition to other legal and factual defenses.
In addition to the significantly increased penalties that the Court can impose for an OWI 2nd Offense, if you have a prior OWI related conviction within 7 years of any subsequent OWI related conviction, the Michigan Secretary of State will revoke your driver's license for a minimum of 1 year. In order to reinstate your driver's license, you are either required to wait a minimum of 1 year before applying to have your license reinstated with the Secretary of State or enter an approved Sobriety Court program and obtain a Sobriety Court restricted license from the judge overseeing the program. Reinstating a driver's license with the Secretary of State requires a minimum of 12 months of continued documented sobriety with several months of documented sobriety taking place after your release from court supervision (i.e., probation). A revoked driver's license often leads to compounding legal issues, such as obtaining a charge for Driving While License Suspended/Denied/Revoked while driving, even if you were driving to work or school and, correspondingly, an extension to your revocation time period. It is nearly impossible to get around Oakland County, let alone the State of Michigan without a valid driver's license and your ability to earn a living, travel, and live the life you built are at risk if you lose your driver's license. If you are facing an OWI 2nd Offense, you must contact an experienced OWI defense attorney.
OWI 3rd Offense
Possible Penalties:
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Felony conviction
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Up to 5 years in prison, 3 years of probation
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Mandatory 30 days in jail
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Up to $5,000.00 in fines (plus hundreds in court costs, restitution, cost of prosecution, probation fees)
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Up to 180 days of community service
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Alcohol ignition interlock attached to your vehicle
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Possible license revocation (if two OWI related convictions within a 7 year period or three within a 10 year period)
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Possible Vehicle Immobilization
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6 points on your driver's license
Felony Drunk Driving or OWI 3rd Offense may be charged when you have 2 prior OWI related convictions. However, unlike an OWI 2nd Offense charge, an OWI 3rd Offense Charge does not have any time restrictions that limit elevating the charge to a felony. In other words, if you have two OWI related convictions at any point in your life and are arrested for OWI, you can and will likely be charged with a felony for OWI 3rd Offense. While the consequences for an OWI or OWI 2nd Offense are significant, an OWI 3rd offense can be devastating. Additionally, if you have a prior OWI conviction and are subsequently arrested for OWI Child Endangerment, you will likely be charged with a felony. This is the only factual situation not involving injury or death where a true second offense may be elevated to a felony. If you are charged with felony drunk driving, early intervention and investigation is key to developing a successful defense. A felony charge will start in the District Court and should proceed to a preliminary examination, where a skilled criminal defense attorney can question the arresting officer about the circumstances leading to the stop of your vehicle, field sobriety testing, chemical testing, and your arrest.
In addition to the penalties that can be imposed by the Court, if you are convicted of 3 OWI related charges within a 10 year time period, the Michigan Secretary of State will revoke your driver's license for a minimum of 5 years. Unlike the criminal charge of OWI 3rd Offense, a 5 year license revocation requires that you have 3 OWI related convictions within a 10 year time period. It is important to review your Michigan Master Driving Record as well as court records from any prior OWI related convictions when charged with a second or third offense OWI.
Client Testimonials
I was pulled over for a suspected OUI in Brighton MI by the Livingston County Sheriff's department. The police officer said that I had swerved into his lane, crossing over the double yellow lines. I refused to take a breathalyzer and he took me to jail to test my blood for alcohol. Since I refused to take the breathalyzer, I was facing both a suspended license and an OUI. Spencer helped me get my temporary license while we were awaiting the court date so I could still work and do everyday activities. He reviewed all of the videos and documents on my case extensively to assure the best outcome. He got both my suspended license and OUI completely dropped. Spencer took the time to make sure I had the best possible outcome, not just a quick plead the case down and move on. He really cared. There were no points added to my license, my insurance did not go up, and I was able to continue working. During my whole time with Spencer, he was always in contact with me and let me know of any updates as soon as he received them. He helped me understand everything that was happening with my case as it was happening. He was available every time I contacted him and he always thoroughly answered my questions. I couldn't recommend anyone more than Spencer.
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