Michigan DUI / OWI Lawyer

Getting pulled over on I-496 in Lansing or US-127 after leaving East Lansing can quickly lead to handcuffs, a chemical test, and a court date. The next morning, you might worry about your license, job, and whether one mistake will turn into something bigger.

A Michigan DUI lawyer can help you understand what you are charged with, test the evidence behind it, and figure out what needs your attention now. “DUI” is a common term, but Michigan usually calls the offense operating while intoxicated, or OWI, instead of DUI.

Coontz Law helps people facing alcohol- and drug-related driving charges throughout Michigan, building a defense strategy based on the evidence, your situation, and the choices you still have.

How Does Michigan Determine Which OWI Charge Applies?

Michigan DUI laws cover several types of impaired-driving offenses. The exact charge depends on the substance involved, your impairment level, blood alcohol content, and other factors, including:

• OWI. This can involve operating with a blood alcohol content (BAC) of 0.08 or higher or operating while under the influence of alcohol, a controlled substance, another intoxicating substance, or a combination.
• High-BAC OWI. This applies when the alleged BAC is 0.17 or higher. A first high-BAC conviction carries enhanced penalties.
• Operating while visibly impaired (OWVI). This addresses whether alcohol or another qualifying substance reduced a driver’s ability to the extent that it was noticeable to others. Unlike OWI, OWVI does not require a specific BAC.

Michigan also recognizes offenses involving certain controlled substances and has separate rules for drivers under 21, commercial drivers, cases with child passengers, and incidents causing serious injury or death.

What Must the State Prove Beyond “You Had Been Drinking?”

Each OWI charge has elements, the facts the prosecution must prove. At trial, the prosecutor must prove each one beyond a reasonable doubt, meaning the evidence must leave the jury firmly convinced of guilt.

For a typical OWI in Michigan, the prosecution must show that you operated a motor vehicle on a highway or another place open or generally accessible to motor vehicles and that the required form of intoxication existed. “Operating” means driving or having actual physical control of the vehicle.

For an alcohol-based OWI, the prosecution may rely on a BAC theory, an impairment theory, or both. A BAC of 0.08 or higher can support an OWI charge without separate proof that alcohol affected driving.

When prosecutors rely on an “under the influence” theory, they must show that alcohol or another qualifying substance substantially reduced the person’s ability to operate the vehicle in a normal manner.

This difference is important. In some cases, the chemical test result is key. In others, what matters most are the officer’s observations, field sobriety tests, or proof of who was driving.

Why Does the Penalty Change When BAC or Prior Convictions are Involved?

An OWI conviction can affect freedom, driving privileges, and finances. Punishment depends on the offense, BAC, prior convictions, and any aggravating circumstances. For the core OWI offenses, the possible consequences include:

• First OWI. Up to 93 days in jail, up to 360 hours of community service, and a $100 to $500 fine. License sanctions and six points can also follow.
• First high-BAC OWI. Up to 180 days in jail, up to 360 hours of community service, and a $200 to $700 fine. The conviction carries a one-year license suspension, with restricted driving potentially available after 45 days if an approved ignition interlock device is used.
• Second offense within seven years. A $200 to $1,000 fine and other penalties, which may include 5 days to 1 year in jail or 30 to 90 days of community service. A second conviction can also lead to license revocation, meaning your license is taken away, not just suspended.
• Third offense after two or more qualifying prior convictions. A felony regardless of how much time has passed since those convictions. The statute provides for a $500 to $5,000 fine and either 1 to 5 years in prison or a probationary sentence involving county jail and community service.
• Michigan’s summary of impaired-driving consequences also explains the extra license restrictions for a first high-BAC offense. Cases with a child passenger, serious injury, or death have their own penalty rules.

Will My License be Suspended If I Refuse a Chemical Test?

A roadside preliminary breath test, or PBT, can help an officer decide whether probable cause, enough facts to reasonably believe an OWI offense occurred, exists for an arrest. For most drivers, refusing a PBT is a civil infraction, not a crime.

Under Michigan’s implied-consent law, drivers are treated as having consented to qualifying chemical testing after an arrest for certain impaired-driving offenses. If you refuse the requested chemical test, police may seek a court order to compel testing, and the refusal can initiate a separate driver’s license proceeding.

The refusal notice gives you 14 days to request a hearing before the Secretary of State. If you do not request one in time, a first refusal results in a one-year license suspension.

The license dispute and the criminal OWI charge are separate. What happens in one does not automatically decide the other.

Defense Starts With the Stop, Not the Breath-Test Number

There is no universal DUI defense. A useful defense tests how police built the case from the beginning.

Depending on your case, a Michigan DUI attorney might review why you were stopped, camera footage, field sobriety tests, officer notes, medical details, and road or weather conditions. The key is not just what the police report says but whether the evidence supports it.

Chemical evidence should be checked just as carefully. The defense can examine whether the breath-testing equipment worked properly, whether the correct steps were followed, and whether blood evidence was handled and tested properly.

Jurors may consider whether the equipment worked properly, whether the test was administered correctly, and whether the result was reliable.

A lawyer can also ask the judge to exclude evidence that was illegally obtained. This does not automatically end an OWI case. What matters is whether the rest of the evidence is enough to prove the charge.

How Does Getting a Michigan DUI Lawyer Early Change What Can Be Investigated?

Early defense work may include preserving video, obtaining police and testing records, identifying witnesses, checking prior convictions that could increase the charge, and spotting deadlines related to driving privileges.

A lawyer can also evaluate a plea offer against the evidence and explain how the proposed result may affect driving, employment, and your life.

Sometimes the right move is asking the judge to exclude evidence. Sometimes it is negotiation. Sometimes the prosecution’s evidence should be tested at trial.

What matters most is understanding why you are choosing a particular path, rather than just taking the first or easiest option.

Coontz Law Builds the Defense Around the Life You Have to Go Back To

At Coontz Law, we don’t see your case as just a BAC number and a name. We start with what actually happened, what the evidence shows, and what matters to you outside the courtroom.

This means we give you honest advice. We point out weaknesses worth challenging and let you know when an argument likely won’t help. We use technology to reduce paperwork, stay in touch with you, limit our caseload for better focus, and offer a clear fee structure with no surprises.

Our office is in Lansing, and we handle criminal defense cases all over Michigan. No matter where your stop happened, we focus on building a strategy that fits your real situation.

One charge does not tell the whole story of who you are. What you do next matters.

What Should You Keep After a Michigan OWI Arrest?

You can’t change the traffic stop, but you can preserve information your lawyer may need.

Keep your citation, bond papers, temporary driving permit, chemical-test paperwork, and anything else police gave you. Save relevant texts, receipts, photos, videos, location information, and witness names. Do not delete or alter anything.

Follow every bond condition and driving restriction. Then give your lawyer the paperwork and your recollection of the stop while the details are still fresh.

Make the Next Decision With a Clear Head

If you’re facing a DUI in Michigan, you don’t have to make every decision at your first court date. You do need to know what you’re charged with, what the prosecution can prove, and which choices are hard to take back.

Contact Coontz Law to schedule a consultation. We’ll look at where the case stands, explain the realistic options, and tell you what deserves attention first.

At Coontz Law, we proudly serve clients in the following areas within Michigan County:

• Ingham County
• Eaton County
• Clinton County
• Shiawassee County
• Livingston County

Overcome. With Coontz Law.

Michigan DUI FAQs

1. What Happens at the First Court Appearance for a Michigan OWI?

For many misdemeanor impaired-driving charges, Michigan law requires arraignment within 14 days of the arrest or service of the warrant. That deadline does not apply to felony OWI charges or to certain cases joined with a felony, and missing the deadline does not result in dismissal.

2. Will I Have to Complete an Alcohol or Drug Assessment?

If you are convicted of an offense covered by Michigan’s impaired-driving sentencing law, the court must order screening and assessment before sentencing to determine whether rehabilitative services may help. High-BAC convictions and cases involving qualifying prior convictions also carry mandatory requirements for rehabilitative programs.

3. Does Having a Child in the Car Change an OWI Case?

Yes. Operating while intoxicated or visibly impaired with a passenger under 16 can create a separate child-endangerment offense with higher potential penalties. The exact exposure depends on the underlying charge and prior record.

Legal References Used to Inform This Page:

To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:

• MCL § 257.625. Operating Motor Vehicle While Intoxicated and Related Offenses.
• MCL § 257.625e. Refusal to Submit to Chemical Test; Request for Hearing.
• MCL § 257.625b. OWI Arraignment, Pretrial Procedure, Screening, Assessment, and Rehabilitative Services.
• MCL § 257.625f. Effect of failure to request hearing.
• Michigan Model Criminal Jury Instructions. M Crim JI 15.1, Operating While Intoxicated; High Bodily Alcohol Content [OWIHBAC].
• MCrim JI 15.1a. Operating While Intoxicated with High Bodily Alcohol Content Causing Death or Serious Impairment of a Body Function.
• MCrim JI 15.2. Operating While Intoxicated [OWI].
• MCrim JI 15.3. Operating While Visibly Impaired [OWVI].
• Michigan State Police. Costs and Consequences of Driving Impaired.
• MCL § 257.625a. Preliminary Breath Analysis and Chemical Testing Procedures.