DUI Defense in Michigan: We Challenge the Science, the Stop, and the Result.
Operating While Intoxicated (OWI) is a serious charge that can cost you your license and your freedom. We examine every element of the prosecution's case to find vulnerabilities.
Michigan OWI Charges: The Stakes
In Michigan, Driving Under the Influence is prosecuted as Operating While Intoxicated (OWI). The charge applies when you are found operating a vehicle with a blood alcohol content of 0.08% or above, or when impaired by alcohol or a controlled substance.
OWI Penalties at a Glance
- 1st Offense: Up to 93 days jail, 30-day licence suspension, 6 points.
- High BAC (Super Drunk 0.17+): Up to 180 days jail, 45-day licence suspension, 1-year restriction with interlock.
- 2nd Offense (within 7 years): 5 days to 1 year jail, 1-year license revocation.
- 3rd Offense (Felony): 1 to 5 years prison, minimum 5-year license revocation.
Our DUI / OWI Defense Strategies
01. Breathalyzer Challenges
Breathalyzer machines must be properly calibrated and maintained. We subpoena device maintenance records and certification logs to expose failures that make the BAC reading inadmissible.
02. Field Sobriety Test Errors
The walk-and-turn, one-leg-stand, and horizontal gaze nystagmus tests are highly subjective. Medical conditions, uneven pavement, and poor lighting all affect results. We challenge how the officer administered each test.
03. Unlawful Traffic Stop
An officer must have reasonable articulable suspicion of a traffic violation before stopping your vehicle. If the stop was unlawful, all evidence gathered afterward can be suppressed under the Fourth Amendment.
04. Blood Test Challenges
Blood draws must follow strict chain-of-custody protocols. Contamination, fermentation of the sample, or lab handling errors can all affect the reported BAC level. We retain independent forensic toxicologists when warranted.
05. Rising Blood Alcohol Defense
Alcohol continues to absorb into the bloodstream after your last drink. If you were driving while alcohol was still absorbing, your BAC at the time of the test may have been higher than your BAC while actually operating the vehicle.
The Process: From Arrest to Resolution
- Confidential Evaluation: We review the traffic stop, testing procedures, and results to build your strategy.
- Evidence Investigation: We obtain dashcam/bodycam footage and maintenance records.
- Pre-Trial Motions: We file motions to suppress unlawfully obtained or unreliable evidence.
- Negotiation or Trial: We negotiate for reductions (like OWVI) or diversion programs, or proceed to a jury trial if necessary.
DUI / OWI Defense Questions Answered
What is the difference between DUI and OWI in Michigan?
Michigan law uses Operating While Intoxicated (OWI) as the primary term. It applies when operating any motor vehicle with a BAC of 0.08% or above, or while visibly impaired by alcohol or a controlled substance.
Can I refuse a breathalyzer in Michigan?
Michigan’s implied consent law means you have already consented to chemical testing. Refusing the breathalyzer at the station triggers an automatic 1-year licence suspension. However, refusing the preliminary breath test (PBT) roadside is only a civil infraction.
Can a first OWI be expunged from my Michigan record?
Yes, Michigan’s Clean Slate Act made first-offense OWI convictions eligible for expungement for the first time. You must wait at least 5 years from the date of sentencing or release from incarceration to apply.
Speak With an Ann Arbor Defense Lawyer
A confidential conversation early on preserves every available option. Do not speak to investigators without counsel.