Michigan Law on Drunk Driving – click here for detail on MCL 257.625

Drunk Driving is called OWI, which stands for "Operating While Intoxicated".  Other common acronyms for this offense are DUI, DWI, OUIL, UBAL.  The crime of DUI is usually a misdemeanor, but depending on the number of prior drunk driving convictions you have, it can also be a felony.

If convicted, penalties can include license revocation of up to five years, and the possibility of jail time of up to five years.

Michigan's Definition of Drunk Driving:

• Common Law Drunk Driving (OUIL) - If you have been charged with drunk driving, then you are specifically charged with violating the law by operating a motor vehicle while you were either intoxicated or impaired by alcohol. The principal or more serious crime of drunk driving is known as “OWI.”  This more serious charge can be proved if the prosecutor proves beyond a reasonable doubt that because of drinking alcohol your ability to operate a motor vehicle was substantially lessened.  A chemical test result can be used by the judge or jury to determine if you've committed this crime, but a chemical test is not necessary.


• The Statutory Crime of Drunk Driving - There is also a statutory offense known as UBAL.  This means that at the time that you were operating your car you had an unlawful blood alcohol level.  The legal limit in Michigan and most states is .08.  If the prosecutor can prove that your blood alcohol level at the time you were driving was .08 or greater, and can prove this beyond a reasonable doubt, then you can be found guilty of drunk driving.  Just because there is a breath or blood test in your case does not mean automatically that the jury must or even will find you guilty however.


• The Crime of "Drugged" Driving - There is also the crime of OUID.  This is operating under the influence of drugs, or combination of drugs and alcohol. 

Drunk Driving License Penalties:

• First time offenders:

First time offenders face a 30 day suspension .  A OWI conviction for "operating while intoxicated" carries a 30 suspension and 150 days restricted driving thereafter, e.g. to and from work, school, probation, counseling, etc.  With a plea to impaired, the driver faces 90 days restricted driving with no suspension.

• Second offense:

A second offense within seven years of a prior conviction carries a mandatory revocation of at least one year.  If the second offense falls outside seven years, it is treated as a first time offense for license sanctions.

• Third offense:

If any three convictions fall within 10 years of two other convictions, the driver's license is revoked for a minimum of 5 years.

• Chemical Test Refusal

The first chemical test refusal results in a one year suspension.  As opposed to a "revocation," a hearing is not required to obtain the license after the year has expired. A second chemical test refusal carries a two year suspension.

Drunk Driving Judicial Penalties:

These are the sanctions or punishments that are imposed by the court, and include jail time, probation, fines and costs, vehicle immobilization, and anything else that the Judge will impose as a part of your DUI sentence.

The sentence imposed by the court will depend on many factors.  One of the best things you can do to help yourself after being arrested is to begin looking into the advisability of alcohol treatment.  The reason that alcohol treatment is so useful and important is because it shows that you are a viable candidate for "rehabilitation", and therefore, that less or no punishment in the form of incarceration is required to "protect society".   Armed with this information, our firm may be able to significantly reduce the punitive sanctions imposed by the court.