OWI Defense Attorneys in Traverse City & Northern Michigan
OWI is the acronym for a drunk driving charge in the state of Michigan. If you have been charged with drunk driving in Michigan, you might be confused as to why it’s known as an OWI or Operating While Intoxicated. While this is the technical term for a drunk driving charge, many people are more familiar with the term “DUI,” which stands for Driving Under the Influence and is commonly used in television and movies to refer to a drunk driving charge. The good news is that both DUI and OWI are often used interchangeably in Michigan, so no matter which acronym you see, you can know they both refer to the same offense.
Arrested for OWI (DUI) In Northern Michigan?
Reach out to our experienced OWI defense lawyers at 231-735-8575. We will challenge the charges rather than simply telling you to plead guilty.
Examples Of OWI Crimes
There are many types of OWI crimes under Michigan law. An individual’s blood alcohol content (BAC) is an important factor that determines what level of charge is authorized against an individual suspected of OWI. Some of the most commonly charged examples of OWI include:
- Operating While Intoxicated (OWI) – .08% BAC or Higher
- Operating While Intoxicated 2nd Offense – .08% BAC or Higher
- Operating While Intoxicated 3rd Offense or Subsequent – .08% BAC or Higher
- Operating While Visibly Impaired (OWVI) – Can Be Under .08% BAC
- Operating While Intoxicated High BAC (Super Drunk) – .17% BAC or Higher
- Operating While Intoxicated Causing Serious Injury – .08% BAC or Higher
- Operating While Intoxicated Causing Death – .08% BAC or Higher
- Operating While Intoxicated Causing Death of an Emergency Personnel – .08% BAC or Higher
- Operating While Intoxicated Causing Child Endangerment – .08% BAC or Higher
- Operating While Intoxicated Zero Tolerance/Minor BAC – .02% to .07% BAC & Under 21
- Refusing the Breathalyzer or Chemical Test (Implied Consent Violation)
If you receive a charge for Operating While Intoxicated (OWI) with a .08% or higher BAC, you could face up to 93 days in jail, suspension of your driver’s license, restriction of your license to driving only to work, school and court-related locations, 6 points added to your driver’s license record and additional fines, costs and sanctions. For the second offense, within 7 years, you could be facing a minimum of five days and up to one year in jail, while on the third OWI or subsequent offense, you could be looking at 30 days in jail as minimum punishment and up to 5 years in prison. Additionally, you may have vehicle forfeiture by the court with fines of up to $5,000 plus 180 days of community service, depending on the severity of the case.
If you have been charged with an OWI-related offense, the potential consequences can be severe. From up to 93 days in jail for Operating While Visibly Impaired (OWVI) offenses to a mandatory one-year minimum prison sentence if convicted of Operating While Intoxicated Causing Child Endangerment, the consequences are serious. Additionally, drivers will face fines, points on their driver’s license, and more court-imposed sanctions such as probation. If you’ve been arrested or charged with any of these crimes, it is critical that you speak to an experienced defense attorney right away.
What Is The 77-Day Rule In Michigan?
The 77-day rule in Michigan refers to a specific timeframe related to DUI proceedings. This rule mandates that a person charged with a DUI must be tried within 77 days of their arraignment unless a delay is requested by either the defense or the prosecution. Understanding this rule is important because it can affect the strategy of your defense, potentially speeding up the process or giving your DUI attorney more time to prepare a robust defense.
Consequences Of A Conviction
| Consequence | 1st Offense OWI | 2nd Offense OWI (Within 7 Years) | 3rd Offense OWI (Lifetime) |
|---|---|---|---|
| Michigan Law | MCL 257.625(1) | MCL 257.625(9)(b) | MCL 257.625(9)(c) |
| Classification | Misdemeanor | Misdemeanor | Class E Felony |
| Incarceration | Up to 93 days | 5 days to 1 year | 1 to 5 years in State Prison |
| State Fine Range | $100 to $500 | $200 to $1,000 | $500 to $5,000 |
| License Sanctions | 180-day suspension Restricted after 30 days |
Minimum 1-year revocation No restricted license options |
Minimum 1-to-5 year revocation Hard state denial |
| Vehicle Penalties | Court discretion | Mandatory plate sign-over and immobilization | Mandatory forfeiture or permanent immobilization |
| Driving Record Points | 6 Points | 6 Points | 6 Points |
If you’ve been accused of an OWI offense, there are a range of possible consequences that can be serious. Depending on the charges, you could face a misdemeanor or felony charge and steep fines and criminal penalties that threaten professional licenses such as medical or teaching licenses. Even after your sentence or probation has been served, having a criminal record can have long-lasting impacts on your ability to find employment. It is essential to be informed about the potential outcomes so you can make the best decisions when dealing with OWI-related charges.
Michigan DUI Diversion Program
Michigan offers a DUI diversion program meant to help first-time offenders avoid the long-term consequences of a DUI conviction. This program can be a critical tool for individuals seeking to maintain their driving record and reduce penalties while demonstrating accountability for their actions.
Eligibility for Michigan’s DUI diversion program focuses on first-time OWI offenders who meet specific criteria. Generally, participants must:
- Have no prior felony convictions or previous DUI offenses: Individuals with a clean driving record are more likely to be considered for the program.
- Maintain a BAC below a certain threshold: This usually applies to those with BAC levels under .17% (“Super Drunk Law“).
- Agree to complete all program requirements: This includes alcohol education courses, community service and possible treatment programs if recommended.
- Not have caused injury or property damage during the incident: If the accident involves serious harm, it may disqualify applicants.
- Be willing to submit to regular monitoring or testing: It should be as required by the court throughout the program.
- Demonstrate genuine willingness to comply with all legal obligations: This includes attending scheduled hearings and maintaining proper communication with court officials.
Meeting these criteria does not automatically guarantee acceptance into the program. Our Michigan DUI attorney can help determine eligibility, submit proper documentation and present your case effectively to the court.
The benefits of participating in a DUI diversion program are significant and can positively impact legal outcomes and personal life. Key advantages include:
- Avoiding a permanent DUI conviction on your record can help preserve employment and insurance opportunities.
- Reduced fines and penalties, compared with those imposed under standard DUI sentencing.
- Access to counseling and education programs that can prevent future incidents and demonstrate responsibility to the court.
- Potential for early case dismissal upon successful completion of program requirements, allowing individuals to move forward without a criminal record.
- Protection of professional licenses for individuals in regulated fields, helping maintain careers without disruption.
- Opportunities to restore driving privileges quickly, including the possibility of avoiding long-term license suspension.
Participating in Michigan’s DUI diversion program can be a vital step toward minimizing the consequences of a DUI charge. Engaging a knowledgeable attorney helps ensure all program requirements are met correctly, increasing the likelihood of a successful outcome.
This legal support is essential for protecting your rights and driving record while taking full advantage of the program’s benefits.
Legal Defenses To OWI Charges
When facing an OWI-related charge, it is crucial to understand the legal defenses available to you. From challenging the police officer’s decision-making or conduct during the interaction to contesting the scientific evidence against you, defending yourself against an OWI requires a knowledgeable analysis of the facts and circumstances surrounding your case. In order for a prosecutor to convict you, they must prove that your driving was impaired due to alcohol or drugs. By enlisting the help of an experienced criminal defense lawyer, you can gain insight into the merits of your case and make informed decisions about how to proceed.
Have More Questions?
See our guide “A Lawyer’s Advice on Navigating OWI Charges in Michigan.
Out-Of-State Drivers
If you possess a driver’s license from another state, it is important to be aware of the potential penalties that can come with an OWI (DUI) conviction in Michigan. The Driver’s License Compact (DLC) is a multistate agreement that ensures people cannot evade the consequences of infractions committed in one state by simply going to another. While most states are part of DLC, some states, such as Georgia, Wisconsin, Massachusetts and Tennessee, have not yet joined this coalition. If you have an out-of-state driver’s license and face an OWI charge in Michigan, you should be aware of the particular legal implications it could have in your home state.
Why Choose Williams & Associates For Your OWI Defense In Michigan?
Facing an OWI charge in Michigan can be daunting, but with Williams & Associates, you have a team that understands the gravity of your situation and is ready to protect your rights and future. Our lead attorney, Jesse Williams, along with our legal team, has earned a strong reputation in northern Michigan for handling some of the most challenging criminal defense cases, including OWI cases involving multiple offenses.
We utilize cutting-edge technology, including custom-developed software, to scan crime scenes and create detailed 3D renderings. This capability provides unique insights into case evidence and significantly enhances our case preparation and courtroom presentations.
We prioritize effective communication with our clients. By understanding the unique challenges of each case, we tailor our defense strategies to meet your specific needs. You can count on us to keep you informed and involved at every step of the process.
Jesse Williams is known for his proactive approach in the courtroom, frequently filing motions and engaging vigorously in legal proceedings. His credibility and effectiveness as an advocate are assets that will benefit your defense.
An Experienced Attorney Can Make All The Difference
When hiring a lawyer to defend you in an OWI case, you want one with extensive experience with drunk driving defense and who has handled your specific charge. OWI/DUI law is complex, but there may be legitimate defenses relating to the traffic stop, the circumstances of your arrest and/or the administration of the breathalyzer test. You don’t want a lawyer who will automatically steer you to a guilty plea. You want legal counsel who will first explore your defenses or alternatives to a straight conviction.
At Williams & Associates, we understand the hardships of driver’s license suspension and all the collateral consequences of a drunk driving conviction. There is no substitute for experienced and thorough representation. To schedule a free consultation with one of our attorneys, call our Traverse City firm at 231-735-8575 or email us.