What to Expect When Charged with an OWI First Offense in Michigan

Facing an Operating While Intoxicated (OWI) charge in Michigan—especially for the first time—can be a stressful and confusing experience. Michigan law treats drunk driving seriously, but a first offense doesn’t have to derail your life. Understanding what to expect and how to protect your rights can make a major difference in the outcome of your case.

As experienced Michigan criminal defense attorneys, we help clients navigate OWI charges with clarity, strategy, and compassion. Here’s what you need to know if you’re facing a first-time OWI charge in Michigan.

What Is an OWI in Michigan?

OWI stands for Operating While Intoxicated, and it’s Michigan’s term for what many states call DUI (Driving Under the Influence). Under Michigan Compiled Laws § 257.625, you can be charged with OWI if:

• You operate a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher, or

• You are under the influence of alcohol, controlled substances, or a combination, even if your BAC is below 0.08%, if your ability to drive is visibly impaired.

What Happens After You’re Charged?

If you're arrested and charged with OWI in Michigan for the first time, here's a general roadmap of what to expect:

1. Arraignment

This is your first court appearance. You’ll be informed of the charges, your rights, and asked to enter a plea (typically “not guilty” at this stage). Bail may be set, or you may be released on a personal recognizance bond.

2. Pretrial Conference

Your attorney can negotiate with the prosecutor for a reduced charge (e.g., “Operating While Visibly Impaired” or “Impaired Driving”) or work toward other favorable resolutions.

3. Motion Hearings

If your rights were violated—such as during the traffic stop, breath test, or questioning—your defense attorney may file motions to suppress evidence.

4. Trial or Plea Bargain

Most first-offense OWI cases resolve without trial. If a plea deal can’t be reached, your case will proceed to trial before a judge or jury.

Penalties for OWI First Offense in Michigan

A conviction for a first-time OWI in Michigan can carry the following penalties:

• Jail time: Up to 93 days

• Fines: $100 to $500, plus court costs

• License suspension: Up to 6 months; restricted license available after 30 days

• Points on license: 6 points added to your driving record

• Community service: Up to 360 hours

• Substance abuse assessment and required education or treatment

• Ignition Interlock Device: Required in some cases, especially if BAC is 0.17% or higher (known as “Super Drunk” OWI)

Note: OWVI (Operating While Visibly Impaired) carries slightly less severe penalties and may be a plea option in many first-time cases.

Tips to Avoid an OWI Charge

The best way to handle an OWI is to never face one at all. Here are some practical tips to avoid being charged:

1. Don’t Drive After Drinking

Even one or two drinks can impair your ability to drive and increase your BAC. Plan a safe ride—use Uber, Lyft, a designated driver, or stay overnight.

2. Understand Your Limits

Alcohol affects everyone differently. Gender, weight, food intake, and tolerance all matter. Don’t rely on “feeling fine”—you could still be over the legal limit.

3. Be Cooperative—but Don’t Self-Incriminate

If pulled over, be respectful. Provide your license, registration, and proof of insurance. But you are not required to answer questions about your alcohol consumption—and you shouldn’t without an attorney.

4. Know the Consequences of Refusing a Breath Test

Refusing a preliminary breath test (PBT) at the roadside is a civil infraction. However, refusing the chemical test at the station (DataMaster) can result in automatic license suspension under Michigan’s Implied Consent Law.

Why You Need an Experienced OWI Defense Attorney

Even a first-time OWI can carry long-term consequences for your career, insurance rates, driver’s license, and criminal record. A skilled Michigan criminal defense attorney can:

• Challenge the legality of the traffic stop or arrest

• Scrutinize breathalyzer calibration and results

• Negotiate for reduced charges or sentencing alternatives

• Guide you through sobriety court or other diversion programs if applicable

Attorney Bill Amadeo is known throughout Michigan for his aggressive and strategic defense of first-time OWI clients. With an emphasis on preserving your driving privileges and minimizing long-term harm, Bill brings experience, empathy, and precision to every case.

Conclusion

If you're charged with an OWI first offense in Michigan, you still have options. With the right legal counsel, it’s often possible to reduce the charges, avoid jail time, and protect your future. Don’t face the system alone—talk to a defense attorney immediately to understand your rights.

Contact a trusted criminal defense attorney in Michigan today to start building your defense.