Michigan drunk driving laws are sometimes referred to as OWI or Michigan OWVI laws. There are really three distinct drunk driving offenses in Michigan:

1. Operating under the influence of intoxicating liquor
2. Driving with an unlawful bodily alcohol level/content
3. Operating while impaired. Of these three, OWI is the least serious offense.

Receiving a DUI / OWI is criminal offense; therefore, to successfully prosecute a drunk driving case against you, the prosecutor must prove beyond a reasonable doubt that the driver was:

1. Operating a motor vehicle
2. While under the influence of alcohol, controlled substances or both,
3. Alcohol materially or substantially affected operating the motor vehicle.

Another way a prosecutor will try to gain a drunk driving conviction is by violation of the “per se” law. This law relates only to body chemistry, and has nothing to do with alcohol impairment. In order to gain a conviction under this theory, the prosecutor must prove beyond a reasonable doubt, that

1. A driver’s blood or breath alcohol content (BAC) was greater than .08%,
2. While he or she was operating his motor vehicle.

Michigan Impaired Driving “OWVI” requires a prosecutor to prove, beyond a reasonable doubt that the driver was:

1. Operating a vehicle
2. While under the influence of alcohol and the ingestion of alcohol visibly reduced ones ability to drive normally. 

 

In Michigan, drunk driving laws apply to all ages.  However; if you’re under 21 and have been arrested for DUI / OWI you may be subject to the zero tolerance laws. Minors may not operate a motor vehicle with any bodily alcohol content.

A conviction or guilty plea of any first offense drunk driving charge of “OUIL”,“OWI”, “OWVI” or driving with an excessive BAC, means you are subject to a maximum sentence of up to $500 in fines plus the costs of prosecution, up to 93 days in jail and up to 45 days of community service. A second “DUI”, “OUIL” or “UBAC” within 7 years in Michigan increases the fines plus costs up to $1,000 and imprisonment up to 1 year in jail.

A conviction or guilty plea to OWI will result in a maximum sentence up to $300 in fines plus the costs of prosecution, up to 93 days in jail and up to 45 days of community service.

A third time conviction for drunk driving in a lifetime will result in a felony punishable by 1 to 5 years imprisonment and a fine of up to $5,000.

On top of the above, a convicted person’s license will be suspended or revoked for varying lengths of time depending on the circumstances. For a conviction of “OUIL” or “UBAL/UBAC”, a license will be suspended for not less than 6 months and not more than 2 years, without restriction for the first 30 days. If the drunk driver has a prior conviction, the license may be revoked. However, for a conviction of OWI, the license may be suspended for not less than 93 days or more than one year, but a restricted license is available immediately. A restricted license will allow the convicted person to drive to, from and during work, to alcohol treatment, school, community service or probation. He or she must carry proof of destination and hours to show law enforcement.

One of the toughest sanctions next to time in jail is when the sentencing judge confiscates the vehicle the drunk driver operated. The vehicle does not have to belong to the operator – it can be anyone else’s vehicle. It doesn’t matter if the vehicle is necessary for the other members of the drunk driver’s family.