DUI / OWI Defense

Last updated June 22, 2026

The charge

In Michigan the offense most people call a “DUI” is charged as OWI — operating while intoxicated. A related, lesser charge, OWVI (operating while visibly impaired), and operating with the presence of a controlled substance cover the same conduct at different proof levels. Which one you face, and whether it is a first offense or a repeat, decides everything about the penalties and the defense.

The exposure rises in tiers under MCL 257.625:

• First offense (BAC 0.08–0.16). Misdemeanor. Up to 93 days in jail, fines up to $500, six points, and a license sanction of a 30-day suspension followed by 150 days of restricted driving.
• High BAC, “super drunk” (0.17+). First offense, but enhanced: up to 180 days in jail, higher fines, a longer restriction with a required ignition interlock, and mandatory alcohol treatment.
• Second offense. Misdemeanor with mandatory minimums, a one-year minimum license revocation, vehicle immobilization, and possible forfeiture.
• Third offense. A felony, with up to five years in prison, regardless of how long ago the prior offenses occurred.
• OWI causing serious injury or death. Felony charges that carry years of prison exposure on their own.

Where the case is really won

Most OWI cases are not decided by the jury. They are decided in the details of the stop and the testing:

• The stop. Police need a valid reason to pull you over. If the stop was not lawful, the evidence that followed can be challenged.
• Field sobriety tests. The roadside tests are standardized, and they are frequently administered or scored incorrectly. That matters to what a judge will allow.
• The breath test. The DataMaster breath instrument has calibration, observation-period, and maintenance requirements. A breakdown in any of them can put the result in question.
• Blood draws. Blood cases turn on the warrant, the draw procedure, and the chain of custody at the lab.

We read the police report and the testing records first, before talking about pleas, because that is where the leverage usually is.

The license problem runs on its own clock

The criminal case and your driver’s license are two separate tracks. The Secretary of State acts on its own schedule, and an implied-consent refusal triggers a one-year suspension that has nothing to do with the judge. Some of these deadlines are short. The sooner we are involved, the more of them are still open.

How we handle it

The same attorney handles your case from the first appearance through resolution, whether that is a dismissal, a reduction to a lesser charge, a negotiated plea, or trial. We explain the realistic range of outcomes for your specific facts up front, not a generic promise, and we handle the work in English and Arabic.

This is a focused part of our criminal defense practice. Call (313) 425-5555 to talk through your situation.