In most states, the law that prohibits drunk or drugged driving is referred to as a DUI, or driving under the influence. However, in Michigan, slightly different terminology is used to refer to these charges. In Michigan Vehicle Code section 257.625, lawmakers lay out the different types of Michigan drunk driving offenses. If you have been charged with drunk driving in Oakland County, it is important to speak with an Oakland County DUI lawyer today. Contact us at (248) 451-2200 to schedule a consultation.
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What is Considered an OWI in Oakland County?
An OWI, or Operating While Intoxicated, is the legal term used in Michigan to describe the offense commonly known across the United States as DUI (Driving Under the Influence). The terms are synonymous, both referring to the operation of a motor vehicle while impaired by alcohol or drugs. In Michigan, a person is legally considered to be operating while intoxicated if their blood alcohol content (BAC) exceeds 0.08%, the state’s legal limit.
For drivers under the age of 21, Michigan enforces a Zero Tolerance law. This means that any detectable amount of alcohol in their system can lead to an OWI charge, emphasizing stricter regulations for younger drivers to discourage underage drinking and driving.
Determining whether someone is over the legal BAC limit involves chemical tests, which include analyzing the individual’s breath, blood, or urine. These tests are designed to provide an accurate measurement of the alcohol concentration in a person’s body, ensuring that law enforcement can appropriately enforce OWI laws. These tests are authorized under Michigan’s implied consent law, and refusal to comply can result in an automatic license suspension.
Being charged with an OWI can have serious repercussions, including fines, license suspension, and even jail time, depending on the severity and circumstances of the offense. If you find yourself facing this situation, it’s crucial to seek legal representation immediately. An experienced Oakland County DUI lawyer can help you understand the law, protect your rights, and potentially minimize the consequences. Contact Michigan Defense Law today to discuss your case and explore your options.
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Understanding OWVI in Oakland County
In situations where chemical tests are unavailable or when a motorist’s blood-alcohol content is below 0.08, Michigan law permits prosecutors to pursue a charge known as operating while visibly impaired (OWVI). This charge is similar to an operating while intoxicated (OWI) charge. However, for an OWVI, the prosecution only needs to demonstrate that the motorist’s ability to operate the vehicle was impaired by alcohol, drugs, or both. Consequently, proving a specific blood-alcohol content (BAC) is not necessary in an OWVI case.
Oakland County’s OWI and OWVI Charges
The maximum penalties for a first-time Operating While Intoxicated (OWI) and first-time Operating While Visibly Impaired (OWVI) are very similar and include:
- Up to 93 days in jail
- Up to 360 hours of community service;
- Fines of up to $500 for OWI, and up to $300 for OWVI.
The consequences of an OWI or OWVI conviction are numerous and can be substantial.
Although the legal differences between OWI and OWVI may seem minor, they have different implications for a driver’s record. An OWI is generally viewed as more severe and can lead to mandates such as installing an ignition interlock device on the vehicle. An OWI conviction typically results in a 30-day license suspension and a subsequent 150-day restricted license for a first offense. On the other hand, an OWVI leads to a 90-day restricted license, which allows people to use their vehicle to get to and from work and for certain other approved reasons. For subsequent offenses, the penalties for both charges increase significantly.
| Charges | Maximum Penalties | Consequences |
|---|---|---|
| OWI (Operating While Intoxicated) | Up to 93 days in jail, fines up to $500. | Installation of an ignition interlock device possible. 30-day license suspension followed by a 150-day restricted license for first offense. |
| OWVI (Operating While Visibly Impaired) | Comparable penalties, but fines may be lower (up to $300). | 90-day restricted license, allowing limited driving for work and approved reasons. |
| Repeat Offenses | Subsequent offenses carry harsher penalties. | Increased fines, longer jail time, and more stringent license restrictions for repeat offenses. |
Can a Michigan OWI be reduced to an OWVI through a plea bargain?
A Michigan OWI can be reduced to an OWVI through a plea bargain. Prosecutors may agree to reduce charges if the case involves no accident, low BAC, or no prior offenses. A reduced charge results in fewer penalties and less stigma on a criminal record.
What Is the Difference Between a Michigan OWI and OWVI?
The main difference between a Michigan OWI and OWVI is the level of impairment. OWI (Operating While Intoxicated) involves driving with a blood alcohol content (BAC) of 0.08% or higher, or showing substantial impairment. OWVI (Operating While Visibly Impaired) applies when impairment is visible but not necessarily over the legal BAC limit.
The most common impaired driving offense in Michigan is OWI. It is defined as operating a vehicle while under the influence of alcoholic liquor, a controlled substance, another intoxicating substance, or any combination of these substances. To prove an OWI, prosecutors must show that a substance was present in the driver’s system which is typically through a chemical test. For alcohol-related cases, this means a BAC of 0.08 grams or more per 100 milliliters of blood, commonly referred to as 0.08% BAC.
If no chemical test is administered or if the driver’s BAC is below 0.08%, Michigan law allows prosecutors to charge Operating While Visibly Impaired (OWVI) instead. For an OWVI, the prosecution only needs to prove that the person’s ability to operate a vehicle was impaired by alcohol, drugs, or both. There is no requirement to prove an exact BAC level.
Have You Been Charged with a Michigan OWI?
If you’re facing a drunk driving charge in Oakland County, Michigan, it’s crucial to seek immediate help from a skilled Oakland County DUI lawyer. With extensive experience in Michigan OWI cases, attorney Paul Tafelski can offer legal representation, leveraging his in-depth knowledge of Michigan OWI laws to benefit his clients. He can successfully negotiate reduced charges for first-time offenders. However, when a reduced charge is not an option, attorney Paul Tafelski will not hesitate to take your case to trial. For more information or to schedule a free consultation, call Michigan Defense Law at (248) 451-2200 today.
