If you’ve been charged with an OWI, the road ahead will be stressful, expensive, and uncertain. Depending on your specific charges, the circumstances underlying your offense, and your criminal history, you could serve a lengthy prison sentence and pay thousands of dollars in fines and fees.
As your case progresses through the criminal justice system, you’ll be required to attend a variety of court and administrative proceedings, and each of them could have a severe impact on your future.
You don’t have to navigate your OWI charges on your own, and you shouldn’t. An experienced Lansing OWI lawyer will fight for your interests and protect your rights while guiding you step by step through the conclusion of your case.
To schedule a free and confidential consultation with attorney DeBruin, call 517-324-4303 today.
The Michigan Association of OWI Attorneys: A non-profit organization dedicated to increase understanding of Michigan’s drunk and drugged driving laws to better advocate for the accused.
Operating a vehicle while intoxicated or OWI is a severe offense in Michigan. Even a first offense can result in heavy penalties, and subsequent offenses only increase. However, some of these penalties may be changed by a judge because of a recent Michigan Supreme Court decision.
Judges now have the discretion to decide penalties for a criminal conviction, and those penalties may differ from those written into statutes. An experienced Michigan OWI defense lawyer can explain the possible outcomes of your specific charge.
A first DUI offense is a misdemeanor in Michigan. The possible penalties include:
The second offense is a misdemeanor when you have a prior OWI conviction on your record within the past seven years. The possible sentence includes:
When you have two prior convictions for an OWI offense or certain other offenses, your third offense within your lifetime is charged as a felony. If you’re convicted, your penalties may include:
If you were charged with Operating While Visibly Impaired, you could face different penalties.
Also known as a “Super Drunk” OWI in Michigan, a conviction for a high BAC OWI includes:
When you cause another person serious injury in connection with an OWI offense, the penalties you may face include:
If convicted of an OWI in which you also are determined to have caused a death, the possible penalties you face include:
Michigan has a unique set of penalties when you are convicted of driving under the influence while anyone under 16 years old also occupies the vehicle. A first offense is a misdemeanor, but subsequent offenses can be felonies. The penalties you face for an OWI with a minor in the car may include:
Michigan has a zero-tolerance policy for anyone under 21 who consumes alcohol and then drives a car.
When you are convicted of OWI under age 21 as a first-time offender, the penalties you face include:
On a second conviction for OWI under age 21 within seven years of your first offense, you may be sentenced to:
In addition to fines and jail time, you may also experience one or more of the following consequences.
The prosecution has the burden of proving your guilt beyond a reasonable doubt. Your criminal defense attorney can challenge the evidence against you in many ways to build doubt in your case. While the charges against you may be severe, you always have options with an experienced defense attorney.
OWI charges begin with a traffic stop. However, a police officer needs to have reasonable suspicion that you’re performing illegal activity. In other words, they cannot pull you over at will. If an officer observes you weaving in and out of lanes, they can pull you over.
An OWI lawyer can challenge the legality of your traffic stop and any evidence that was obtained.
If an officer observes bloodshot eyes or smells alcohol, you may be required to perform a roadside field sobriety test. This test includes the following actions:
An OWI attorney can question the accuracies of these tests in many ways. There could be many medical reasons why someone would fail any one of these tests. For example, being overweight or having an inner ear infection can affect anyone’s balance.
Other medical conditions or simply drinking too much coffee on a road trip can cause the jerking eye movements an officer looks for.
An officer may require you to perform a breath test either roadside or at the police station. A roadside breath test is a preliminary test and isn’t used as evidence against your OWI in court. You may refuse this test; however, doing so is a civil infraction, and you may be fined $100 for your refusal. The breath test at the station is believed to be more accurate. However, an OWI attorney can question the accuracy of this test.
For example, your breath test may not reflect your actual BAC if you’ve recently burped or vomited. The test will be influenced by the alcohol in your mouth and stomach and not the alcohol that was absorbed into your blood and brain. Additionally, the test can simply be improperly administered.
If the officer wasn’t trained to correctly use the breathalyzer machine or the machine itself wasn’t calibrated properly, the results will be inaccurate.
Sometimes you may be required to take a blood test to determine your blood alcohol content when suspected of OWI. Blood must be drawn by a doctor or another qualified person delegated by the doctor. You do not have to be arrested before being asked to submit to a blood test. The officer can use the blood test to establish probable cause to arrest you for OWI.
If you consent to a blood test, many factors can cause the test results to be inaccurate. For example, the results could be dismissed if the blood sample was mishandled or contaminated anyway. Your attorney can fight to have your test results dismissed from your case if there are any irregularities in your test results.
An officer might want you to take a urine test to determine your blood alcohol content. As with other BAC tests, a urine test can produce false positives or be affected by several factors that reduce accuracy.
If you have been charged with OWI based on a urine test, a skilled criminal defense lawyer may be able to identify problems with the test and craft a defense to your charge.
You may be charged with OWI under Section 257.625 of the Michigan Vehicle Code if you:
Many people might think it’s legal to drive after one or two beers because that won’t put their BAC over the legal limit. However, Michigan’s OWI statute makes it a crime to drive any time you’re under the influence of alcohol or show signs of impairment such as weaving in and out of lanes — even if your BAC is less than the legal limit.
If you consume any alcohol and then get behind the wheel, you may be subject to arrest for OWI regardless of your BAC.
In general, OWI is a misdemeanor in Michigan, and the penalties vary depending on your BAC and whether you have prior offenses. However, OWI may be charged as a felony when:
For adults aged 21 or older, you can be charged with OWI for being over the legal limit when your BAC is .08 or higher. If your BAC is .17 or higher, you face increased penalties if convicted of OWI.
However, your BAC doesn’t need to exceed .08 or .17 for you to be charged with OWI. You can be charged with a BAC under the limit if you show signs of impairment.
For drivers under age 21, the legal limit is a BAC of .02.
When you obtain a driver’s license in Michigan, you are legally deemed to consent to breath, blood, and urine tests to determine your BAC if you are suspected of OWI. If you refuse, your driver’s license is automatically suspended.
A first refusal results in a one-year suspension. A second refusal within seven years results in a two-year suspension — and the suspension takes place regardless of whether you’re ultimately convicted of OWI.
You do have some rights concerning breath, blood, or urine testing. If you refuse to consent to the test, the officer must get a court order to seek a sample from you. Additionally, you have the right to demand that a person of your choosing administer an independent chemical test.
However, if you request your own test, you are responsible for getting your sample analyzed — and the results may be used against you in court.
Whether it’s your first or subsequent offense, it’s essential to understand the following when you’re facing severe charges.
You can hire a lawyer at any point as your case progresses through the criminal justice process. However, the sooner you get professional legal advice and representation after being charged, the better chance of you receiving a favorable outcome.
Your attorney can get started on the following:
Waiting to hire a lawyer deprives your defense of vital time and evidence that may only be available during the initial stages of your case.
You might have a divorce lawyer in your family or a neighbor who specializes in real estate law. However, you must consult with a lawyer who has experience relevant to your charges. An OWI defense attorney handles cases like yours every day and knows the law in this area backward and forward.
Only a lawyer with relevant experience can give you the most thorough and practical advice and representation while you resolve your OWI charges.
If you were arrested and charged in Lansing or the surrounding region, your most effective advocate will regularly work in the area and have extensive regional knowledge. Tiffany DeBruin has worked for years in the Lansing area and has built successful and professional working relationships with the prosecutors and judges who argue and decide its cases.
You may feel hopeless about your charges and wonder how you can fight against the evidence against you. However, your lawyer may be able to challenge this evidence and make a valid argument for its dismissal. You may also have other options, such as a diversion program or volunteering to install an ignition interlock device to reduce your charges.
The penalties for an OWI conviction can be severe. Be sure to ask your defense attorney the following questions so you know what to expect:
Michigan’s OWI laws can be complicated, and each case is very dependent on the unique and individual circumstances surrounding the charge. You likely have a lot of questions about what might happen and how the process will work. We offer explanations concerning OWI topics on these pages.
When you face an OWI charge in Michigan, you must consult with a lawyer who has experience successfully defending these types of charges in the court where your case is pending. We have a track record of strong advocacy for people charged with all kinds of OWI offenses — from first offenses to high BAC charges to felony OWI.
Our goal is to fight for the best possible outcome for your case, including working with prosecutors or the court, so that you can keep your driver’s license whenever possible. We understand that your driver’s license can be your lifeline, and we want to protect your rights, your future, and your ability to move on after your court case and put your OWI behind you.
Attorney DeBruin is committed to providing the best possible defense for your OWI case. She has completed the Advanced Roadside Impaired Driving Enforcement Course – the same course that law enforcement takes to detect, test, and prosecute impaired drivers.
Tiffany explained her background and discussed the immediate steps clients should take after an OWI arrest, including participating in victim impact panels and obtaining private substance abuse evaluations. She detailed the potential penalties for OWI convictions, the implications for driver’s licenses, and the process of court hearings. Tiffany addressed defenses such as challenging field sobriety tests and chain of custody issues with blood tests. She also touched on the impact of OWI on professional licenses, immigration status, and international travel. The conversation covered topics like ignition interlock devices, the duration of an OWI on a record, and the challenges of proving marijuana-related OWI.
If you are facing OWI or other impaired driving charges in Michigan, contact DeBruin Law, PLLC, to learn about your defense options. To schedule a free initial consultation, call us at 517-324-4303 or send us an email.
