Michigan DUI Defense: Fight Charges, Save Your License

Michigan OWI/DUI at a Glance

Michigan prosecutes impaired driving under Operating While Intoxicated (OWI) (MCL 257.625). Charges may be based on:

• Per se BAC (e.g., 0.08% or more for most drivers), or alleged impairment by alcohol or drugs.
• High BAC (often called “Super Drunk”) with enhanced penalties when the BAC is substantially elevated.
• Refusal-related violations under Michigan’s implied consent law.

Cases can stem from traffic stops, accidents, or post-incident investigations. Even a first offense can carry significant consequences, including license sanctions, fines, possible jail, probation conditions, points, and education or treatment.

What’s at Stake: License, Freedom, and Record

An OWI arrest can trigger both a criminal case and separate administrative driver’s license consequences. Potential outcomes include:

• License suspensions or restrictions and, in some scenarios, ignition interlock requirements
• Fines and costs; probation with testing and treatment; community service
• Vehicle immobilization in certain circumstances; potential jail time
• Collateral impacts: employment issues, higher insurance, and travel limitations

Act Quickly to Protect Your License

License consequences can begin soon after an arrest—sometimes before the criminal case is resolved. Implied consent refusal matters follow a separate administrative track with short deadlines. Because timelines vary by allegation, paperwork, and court, contact counsel immediately so nothing is missed.

Common Defenses in Michigan OWI Cases

• Legality of the stop and detention: Did officers have reasonable suspicion to stop and probable cause to arrest?
• Field sobriety tests: Administration, instructions, medical or environmental factors, and officer scoring.
• Breath testing: Instrument maintenance, calibration, observation periods, mouth alcohol, and operator certification.
• Blood testing: Chain of custody, preservatives, lab protocols, fermentation, and analytical reliability.
• Bodycam/dashcam: Compare reports with video for inconsistencies.
• Medical conditions: GERD, diabetes/ketosis, neurological or balance issues that can mimic impairment.
• Rising BAC and timing: Whether the BAC at testing reflects the BAC at driving.
• Alternative explanations: Fatigue, stress, injuries, or road conditions affecting driving or test performance.

Understanding Michigan’s Implied Consent Law

Michigan’s implied consent law applies to chemical tests (breath or blood) requested by an officer with reasonable grounds after a lawful OWI arrest (MCL 257.625c). A refusal can trigger separate administrative license consequences and may be admissible in the criminal case. After the police test, drivers generally have the right to obtain an independent chemical test at their own expense (MCL 257.625a).

Implied consent procedures, hearings, and potential sanctions are distinct from the criminal prosecution. Prompt action is critical to preserve rights and challenge any administrative action.

High BAC (“Super Drunk”) and Drugged Driving

Michigan law imposes enhanced penalties for certain high BAC offenses under MCL 257.625. Drug-impaired driving may involve prescription medications, controlled substances, or marijuana and often turns on officer observations and toxicology. These cases raise unique suppression and scientific issues, including limits of roadside drug screens and interpretation of blood levels.

How a DUI Defense Lawyer Can Help

• Preserve and request evidence: 911 audio, dispatch logs, dash/bodycam, maintenance and calibration records, lab data, and medical records.
• Demand hearings and file motions: Suppression, evidentiary challenges, discovery enforcement, and expert access.
• Engage experts: Breath and blood toxicology, accident reconstruction, field sobriety testing, and medical specialists.
• Negotiate strategically: Seek charge reductions, sentencing alternatives, treatment-focused resolutions, and license relief where available.
• Prepare for trial: Cross-examine officers and experts, challenge timelines, and present defense witnesses and demonstratives.

What To Do After an OWI Arrest

Use this quick checklist to stay organized in the days following an arrest.

Possible Outcomes

Depending on the facts and your record, outcomes may include dismissal, acquittal at trial, reduced charges, entry into specialty courts where available, or negotiated sentencing that minimizes license and employment impacts. Even in cases with chemical test results, successful motions or evidentiary challenges can substantially change the result.

Frequently Asked Questions

Will I lose my license?

It depends on the charge, prior history, and whether there was an alleged refusal. Some drivers face suspensions or restrictions; others may qualify for limited privileges or ignition interlock as part of a resolution. Act quickly to preserve options.

Do I have to take roadside tests?

Standardized field sobriety tests are generally voluntary. Michigan treats roadside preliminary breath tests differently than post-arrest evidentiary tests; an attorney can explain how these rules apply to you (MCL 257.625a).

Can I drive after arrest?

Officers may issue paperwork that affects your ability to drive before the case ends. Driving status and any steps to challenge an action depend on the documents issued and the allegation.

What if I refused the test?

Refusals trigger a separate administrative process under the implied consent law, with distinct hearings and potential license consequences (MCL 257.625c).

Do I need an attorney?

OWI law is complex and technical. A lawyer can identify defenses, protect your license, and navigate court and administrative processes.

Next Steps

Time matters. If you or a loved one was arrested for OWI in Michigan, talk with a qualified defense attorney now. Bring all paperwork from the arrest and make a timeline of events while it’s fresh. Early intervention can help protect your license and build a strong defense. Contact us for a confidential consultation.