Michigan DUI/OWI Defense: Protect Your License Fast
Arrests for OWI in Michigan trigger fast-moving criminal and licensing consequences. Learn immediate steps to protect your driver’s license, understand the court process, and see common defenses. Act quickly to preserve evidence and request the appropriate hearings.
Why Speed Matters After a Michigan OWI Arrest
An OWI arrest can set off two separate tracks: a criminal case in court and administrative action against your driving privileges through the Michigan Secretary of State. The criminal offenses and elements are set out in MCL 257.625, while license actions related to chemical testing and refusals are handled administratively by the Secretary of State (Michigan SOS). Key deadlines can arrive quickly, and missing them can limit your options. Early action also helps secure evidence—such as dashcam/bodycam video, breath-test records, and independent blood testing—before it is lost or overwritten.
Immediate Steps to Protect Your License
- Save and photograph all paperwork you received (ticket/notice to appear, complaint, bond receipt, and any temporary driving permit).
- Calendar any hearing or response dates listed on your paperwork.
- Ask counsel to send preservation requests for dashcam/bodycam footage and to request discovery of testing records.
- If you were advised of implied consent, note that you generally have a short window to request an administrative hearing to contest a refusal; Michigan law provides a 14-day request period for refusals under MCL 257.625f.
- If your vehicle was subject to an immobilization or forfeiture notice, ask about early challenges and hardship options.
Understanding OWI, High BAC, and Related Charges
Michigan law covers several alcohol- and drug-related driving offenses in MCL 257.625, including operating while intoxicated (OWI), operating while visibly impaired (OWVI), operating with an unlawful alcohol content (sometimes called “High BAC” for 0.17 or greater), and operating with the presence of certain controlled substances. Penalties and licensing consequences vary based on the specific charge, prior record, and aggravating factors (for example, a crash or a minor passenger).
Chemical Testing, Refusals, and Implied Consent
Michigan’s implied consent framework appears in MCL 257.625c and related sections. After a lawful arrest for certain intoxicated driving offenses, a properly requested evidential chemical test is governed by advisements and procedures in MCL 257.625d. Refusing the test can trigger separate licensing consequences administered by the Secretary of State, and you may contest a refusal at a formal administrative hearing if a timely request is made; see MCL 257.625f and guidance from the Michigan SOS.
Common Defense Angles
- The stop: Was there a lawful reason to stop the vehicle?
- Field sobriety testing: Were instructions clear and conditions (lighting, footwear, medical issues) appropriate?
- Probable cause to arrest: Do the observations and tests support it?
- Breath or blood testing: Were instruments maintained, verified, and operated according to required procedures? See Michigan State Police information on the breath alcohol testing program at the MSP.
- Chain of custody: Were blood samples properly collected, stored, and analyzed?
- Medical/environmental factors: Conditions that can mimic impairment or affect test results.
- Video evidence: Do dashcam/bodycam recordings align with reports and test outcomes?
License Sanctions and Driving Relief
License penalties can include suspensions, restrictions, points, and potential ignition interlock requirements, depending on the charge and history. In some cases, courts or programs (such as sobriety court) may offer limited driving relief, and administrative actions by the Secretary of State may be contested or reviewed where permitted by law. For procedures, see the relevant statutes (including MCL 257.625f) and public guidance from the Michigan SOS.
Court Process and What to Expect
Most cases progress through arraignment, pretrial, motion practice, and either a plea or trial. Deadlines govern motions to suppress and challenges to chemical tests. Early engagement allows your attorney to obtain discovery, file motions, negotiate outcomes, and prepare for trial if necessary. If a conviction occurs, timely compliance with court orders and Secretary of State requirements is critical to restoring driving privileges when eligible.
Practical Tips
- Do not miss the 14-day implied consent hearing request deadline after a refusal.
- Schedule an independent blood draw promptly if advised by counsel.
- List potential witnesses early while memories are fresh.
- Avoid discussing case details on social media.
Quick Checklist
- Photograph and organize all citations, permits, and bond paperwork.
- Calendar court dates and any Secretary of State deadlines.
- Preservation letters sent for dashcam/bodycam and testing data.
- Consult a Michigan OWI attorney to evaluate defenses and hearings.
- Confirm insurance and employment impacts and plan transportation.
FAQ
Is OWI the same as DUI in Michigan?
Michigan uses OWI (operating while intoxicated) and OWVI (operating while visibly impaired). Many people still say DUI, but the statutes use OWI terminology.
What happens if I refused the breath or blood test?
A refusal after proper advisement can trigger a separate implied consent suspension handled by the Secretary of State, which you may contest if you request a hearing on time. See MCL 257.625f.
Do I need a lawyer for a first offense?
While not required, an attorney can protect deadlines, challenge evidence, and negotiate outcomes that can affect jail exposure and your driver’s license.
Can I get restricted driving?
Eligibility depends on the charge, history, and program availability. Some cases allow restricted licenses or sobriety court options; consult counsel for specifics.
Act Now
If you were arrested for OWI in Michigan, getting counsel involved promptly can preserve your license options, protect critical evidence, and position your case for the strongest possible defense. Contact us to discuss your situation.
Disclaimer (Michigan): This article is general information, not legal advice. Laws and procedures change, and outcomes depend on specific facts. Consult a licensed Michigan attorney.