If you have been charged with Operating While Intoxicated (OWI) in Oakland County, you are facing criminal penalties that can include jail time, a suspended license, heavy fines, and a permanent record. However, an OWI charge is not a conviction. The prosecution must prove every element of its case beyond a reasonable doubt, and there are often ways to challenge the evidence against you.
At Michigan Defense Law, Oakland County criminal defense attorney Paul J. Tafelski has defended hundreds of OWI cases throughout Oakland County and the surrounding communities. Our OWI defense lawyers understand how local prosecutors build these cases and how to identify weaknesses in the evidence.
This guide explains what OWI means under Michigan law, the penalties you may face, how the court process works in Oakland County, and the defense strategies that can protect your license and your future. Call Michigan Defense Law at (248) 451-2200 for a free consultation.
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I’ve used Paul for a BAIID appeal hearing multiple times. He has been very professional is very knowledgeable in the laws applicable. I’ve used other attorneys in the past but have never had the satisfaction as I’ve had with Paul. Most attorneys will over promise but be hard to reach after the contract is signed. Despite the time of day or the day of the week, he has always immediately responded to me. In addition, his assistant Karen has always been incredibly helpful in making calls to the SOS on my behalf. Although he may not have all the answers immediately, his immediate reply has reassured me numerous times. Just knowing that he’s reachable allayed much of my anxiety. In the end, he went above and beyond to make sure everything worked out. I would gladly recommend him to friends and family without hesitation.
Michigan uses the term Operating While Intoxicated (OWI) instead of the more common Driving Under the Influence (DUI) used in other states. Under Michigan Compiled Laws (MCL) 257.625, it is illegal to operate a motor vehicle while intoxicated by alcohol, drugs, or a combination of both.
The blood alcohol content (BAC) thresholds in Michigan depend on the type of driver. For drivers aged 21 and older, the legal limit is .08%. Commercial drivers face a lower threshold of .04%. Drivers under 21 are subject to Michigan’s Zero Tolerance law, which sets the limit at .02%.
Michigan law also recognizes Operating While Visibly Impaired (OWVI), a lesser charge that does not require a specific BAC level. For an OWVI conviction, prosecutors only need to show that your ability to drive was visibly affected by alcohol or drugs. A third charge type, Operating With the Presence of Drugs (OWPD), can apply when any amount of a Schedule 1 controlled substance and/or cocaine is detected. Michigan law has a limited exception related to medical marijuana, where the issue becomes whether the driver was impaired.
If you have been charged with any form of impaired driving in Oakland County, Paul J. Tafelski of Michigan Defense Law can review your case and explain your options. Call (248) 451-2200.
Oakland County is known throughout Michigan for the strict prosecution of drunk driving cases. The penalties you face depend on the specific charge, your BAC level, and your prior record.
The table below outlines the penalties for each level of OWI offense under Michigan law:
| Offense | Max Jail / Prison | Fines | License Sanction | Points |
|---|---|---|---|---|
| First Offense OWI | Up to 93 days | $100–$500 | 180-day suspension (restricted after 30 days) | 6 |
| First Offense OWVI | Up to 93 days | Up to $300 | 90-day restriction | 4 |
| High BAC / Super Drunk (.17%+) | Up to 180 days | $200–$700 | 1-year suspension (restricted after 45 days with IID) | 6 |
| Second Offense OWI (within 7 years) | 5 days–1 year | $200–$1,000 | Minimum 1-year revocation | 6 |
| Third Offense OWI (felony, lifetime) | 1–5 years in prison | $500–$5,000 | Revocation (minimum 1 year) | 6 |
| OWI Causing Serious Injury | Up to 5 years in prison | $1,000–$5,000 | Revocation | 6 |
| OWI Causing Death | Up to 15 years in prison | $2,500–$10,000 | Revocation | 6 |
Beyond these penalties, courts may also impose probation for up to two years (five years for felonies), mandatory alcohol treatment programs, drug and alcohol testing at your expense, community service, and the installation of an Ignition Interlock Device (IID) on your vehicle.
Key Takeaway: Even a first-offense OWI in Oakland County can result in up to 93 days in jail, a 180-day license suspension, and 6 points on your driving record. A third offense is charged as a felony with up to 5 years in prison.
Paul J. Tafelski of Michigan Defense Law can evaluate the charges against you and work toward the most favorable outcome possible. Contact our Bloomfield Hills office at (248) 451-2200.
OWI cases in Oakland County generally follow these steps:
Felony OWI cases (third offense or OWI causing injury or death) are handled at the Oakland County Circuit Court in Pontiac after a preliminary examination in district court.
Key Takeaway: The OWI court process in Oakland County typically moves from arraignment to pretrial conference within two to three weeks. Motion hearings and plea negotiations can take several months. Cases involving felony charges are elevated to the Oakland County Circuit Court.
Michigan Defense Law handles OWI cases at every stage, from arraignment through trial. Call (248) 451-2200 to discuss your Oakland County case.
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I was arrested for drunk driving and possession of a controlled substance (Vicodin). Paul worked hard on the case and kept the felony off my record and got the drunk driving case reduced so that I kept my driver’s license and my job. He really cared about helping me.
An OWI charge does not guarantee a conviction. There are several ways to challenge the prosecution’s case, and the right defense depends on the specific facts of your situation.
In some cases, the prosecution cannot prove that you were actually operating the vehicle. Under Michigan law, “operating” is broader than “driving,” but the prosecution still must establish that you were in actual physical control of the vehicle.
Key Takeaway: OWI defenses in Michigan can target the traffic stop, the chemical test, field sobriety tests, or the timing of BAC testing. Paul J. Tafelski reviews every aspect of the evidence to identify the strongest defense for each case.
To discuss the facts of your case, contact Michigan Defense Law at (248) 451-2200.
I didn’t know much about the entire legal process so Paul was a great Lawyer for me. He took the time to explain everything without making me feel dumb. He fought for me and got me a great outcome for my case. He is a great guy that eased my stress about my case and I would recommend him to anyone. Thank you Paul!
Paul J. Tafelski is the founding attorney of Michigan Defense Law and has practiced criminal defense in Michigan for over 20 years. He earned his Juris Doctor from the Detroit College of Law at Michigan State University and is admitted to practice in all Michigan state and federal courts, as well as the United States Supreme Court. Mr. Tafelski is a member of the Michigan Bar Association, the American Bar Association, Criminal Defense Lawyers of Michigan, the Oakland County Bar Association, and The Advocates (Polish Bar Association).
Mr. Tafelski has successfully defended clients from arraignment through jury trial. He has been recognized as one of Michigan’s top criminal defense lawyers by Super Lawyers (2011–2013, 2017–2021) and was named a Leading Lawyer in 2017. His approach focuses on understanding each client’s circumstances and developing a defense that addresses both the legal issues and the practical impact of the charges.
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Michigan’s implied consent law means that by driving on Michigan roads, you have agreed to submit to a chemical test when lawfully arrested for OWI. This law applies to the official test administered after arrest, not the preliminary breath test (PBT) given at the roadside.
If you refuse the PBT at the roadside, you face a civil infraction and a fine, but no license suspension. However, refusing the official chemical test at the police station, whether a Datamaster breath test or a blood draw, triggers an automatic one-year license suspension and six points on your driving record. A second refusal within seven years results in a two-year suspension.
The most important deadline in any implied consent case is 14 days. You typically have 14 days from receipt of the officer’s refusal report/notice to request a hearing with the Secretary of State’s Office of Hearings and Administrative Oversight (OHAO) (formerly referred to as DAAD). Missing the deadline can cause the suspension to take effect automatically.
Key Takeaway: If you refused a chemical test after an OWI arrest, you have only 14 days to request an OHAO hearing. Missing this deadline results in an automatic one-year license suspension and six points, regardless of the outcome of the criminal case.
Do not wait. Contact Paul J. Tafelski at Michigan Defense Law immediately at (248) 451-2200 to protect your driving privileges.
Michigan’s Super Drunk law, codified under MCL 257.625(1)(c), applies when a driver’s BAC is .17% or higher at the time of arrest. This is more than double the standard legal limit of .08%, and it carries significantly enhanced penalties.
A first-offense Super Drunk conviction can result in up to 180 days in jail, fines ranging from $200 to $700, mandatory alcohol treatment, and a one-year license suspension. After 45 days of the suspension, you may qualify for a restricted license, but only if you install an IID on your vehicle. The IID requires you to blow into a breath analyzer before the car will start and at random intervals while driving.
Because the Super Drunk charge carries heavier consequences than a standard OWI, prosecutors in Oakland County are often reluctant to reduce these charges without strong evidence of procedural errors or testing problems.
Key Takeaway: A Super Drunk charge (.17% BAC or higher) in Michigan carries up to 180 days in jail, a one-year license suspension, and mandatory IID installation. Oakland County records over 1,100 Super Drunk-level tests annually.
Paul J. Tafelski of Michigan Defense Law can evaluate whether the chemical test in your case was properly administered and whether a reduction may be possible. Call (248) 451-2200.
The penalties imposed at sentencing are only part of the picture. An OWI conviction in Michigan creates consequences that can follow you for years.
Michigan law may allow a first-time OWI conviction to be set aside (expunged) under limited circumstances (including a waiting period), but only one operating-while-impaired/intoxicated offense can be set aside in a person’s lifetime, and OWI involving injury or death is not eligible. Even if a traffic offense is set aside, it generally does not remove it from the Secretary of State’s driving record.
Auto insurance rates typically increase substantially after an OWI, and some carriers may cancel your policy entirely. An OWI conviction can also affect international travel. Canada, for example, routinely denies entry to individuals with drunk driving convictions on their record.
During probation, you may be required to submit to random drug and alcohol testing, attend treatment programs, and pay supervision fees, all at your own expense. Violating any probation condition can result in additional penalties, including jail time.
Getting a sentence that is manageable for your specific circumstances is critical to long-term success. The case is not over until probation is complete, and a sentence that accounts for your work schedule, family obligations, and financial situation makes compliance possible.
Contact Michigan Defense Law at (248) 451-2200 to discuss how an Oakland County OWI charge may affect your situation.
Michigan Defense Law represents clients charged with OWI throughout Oakland County from our office at 2525 S Telegraph Rd, Bloomfield Hills, MI 48302. We handle cases in district courts and circuit courts across the county, including the 48th District Court in Bloomfield Hills, the 52-1 District Court in Novi, the 52-3 District Court in Rochester Hills, the 43rd District Court in Ferndale, and the Oakland County Circuit Court in Pontiac.
Our Oakland County OWI defense covers the following communities:
Troy, Royal Oak, Pontiac, Farmington Hills, Rochester Hills, West Bloomfield, Novi, Birmingham, Bloomfield Township, Southfield, Waterford Township, Lake Orion, Clarkston, Auburn Hills, and Bloomfield Hills.
We also represent clients in Wayne County, Macomb County, and Washtenaw County.
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An OWI charge can disrupt your daily life, threaten your career, and create stress for your family. The court process moves quickly, and the decisions you make in the first days after arrest, especially regarding the 14-day OHAO hearing deadline, can shape the outcome of your case.
Paul J. Tafelski has defended OWI cases in Oakland County for over 20 years. At Michigan Defense Law, we review every detail of the traffic stop, the chemical testing procedures, and the officer’s conduct to identify the strongest defense available. Our OWI defense attorneys handle cases at the 48th District Court, Oakland County Circuit Court, and district courts throughout the county.
Call Michigan Defense Law at (248) 451-2200 for a free consultation.
OWI (Operating While Intoxicated) and DUI (Driving Under the Influence) refer to the same offense. Michigan officially uses the term OWI under MCL 257.625. The term DUI is used in most other states, and many people in Michigan still use it informally. The legal standards and penalties are the same regardless of which term is used.
A first-offense OWI in Michigan can result in up to 93 days in jail, fines of $100 to $500, up to 360 hours of community service, a 180-day license suspension with a restricted license available after 30 days, and 6 points on your driving record. Oakland County courts may also impose probation, alcohol treatment, and drug testing.
Yes. A first-offense OWI results in a 180-day license suspension, with a restricted license available after the first 30 days. A second offense within seven years results in a minimum one-year license revocation with no driving permitted. Refusing a chemical test also triggers a separate one-year suspension under the implied consent law.
The Super Drunk law applies when a driver’s BAC is .17% or higher. Enhanced penalties include up to 180 days in jail, fines of $200 to $700, a one-year license suspension with a restricted license available after 45 days (only with an Ignition Interlock Device), and mandatory alcohol treatment.
Michigan’s implied consent law means refusing the official chemical test after a lawful arrest triggers an automatic one-year license suspension and six points on your record. However, refusing the roadside preliminary breath test (PBT) results only in a civil infraction and a fine. PBT results are generally not used to prove guilt at trial, but Michigan law allows limited use of PBT results in certain situations (for example, issues involving the validity of the arrest or specific rebuttal purposes).
An OWI charge may be dismissed if the defense can show that the traffic stop was unlawful, the chemical test was improperly administered or the equipment was not properly calibrated, or the arrest lacked probable cause. These challenges are raised through pretrial motions. Paul J. Tafelski reviews the facts of each case to determine whether grounds for dismissal exist.
At the arraignment, the judge reads the charges, advises you of your rights, and sets bond conditions. You enter a plea of not guilty (in most cases at this stage). The judge may impose conditions such as no alcohol consumption and random testing. First-offense misdemeanor OWI cases in the Bloomfield Hills area are typically arraigned at the 48th District Court.
By driving on Michigan roads, you agree to submit to a chemical test if lawfully arrested for OWI. Refusing the test triggers an automatic one-year license suspension and six points. You have 14 days to request a hearing with the OHAO to challenge the suspension.
For a first-offense OWI, a restricted license may be available after 30 days of the suspension. The restricted license allows driving to and from work, school, medical appointments, and court-ordered programs. For a Super Drunk conviction, the restricted license is available after 45 days but requires an IID on your vehicle.
OWVI is a lesser charge than OWI. It does not require the prosecution to prove a specific BAC level. Instead, the prosecution must show that your ability to drive was visibly impaired by alcohol or drugs. Penalties for first-offense OWVI include up to 93 days in jail, up to $300 in fines, and 4 points on your driving record with a 90-day license restriction.
A second OWI within seven years is a misdemeanor with enhanced penalties: 5 days to 1 year in jail, fines of $200 to $1,000, minimum 30 days of community service, mandatory vehicle immobilization, and a minimum one-year license revocation. Six points are added to your driving record.
Yes. Although many first-offense OWI cases do not result in jail when handled properly, the law allows up to 93 days for standard OWI and up to 180 days for Super Drunk cases. Some Oakland County judges impose short jail sentences even on first offenders, depending on the circumstances.
Sobriety court is a program offered in some Oakland County courts as an alternative to traditional sentencing for repeat OWI offenders. Participants receive intensive supervision, treatment, and regular testing in exchange for reduced penalties. Successful completion can result in a more favorable outcome than standard sentencing.
Yes. Professional licensing boards for doctors, nurses, attorneys, pharmacists, teachers, and commercial drivers may take disciplinary action based on an OWI conviction. The consequences depend on the profession and the specific licensing board’s rules.
The Datamaster is the official breath testing instrument used at Michigan police stations after an OWI arrest. It is different from the roadside preliminary breath test (PBT). Datamaster results can be used as evidence at trial, but the machine must be properly calibrated and the operator must follow specific procedures for the results to be admissible.
Oakland County is known for strict OWI prosecution. The Oakland County Prosecutor’s Office has reported a 92% conviction rate, and some Oakland County judges impose jail time even on first offenders. Because of the volume of OWI cases processed, having an attorney who is familiar with the specific judges and courts in Oakland County can make a meaningful difference in the outcome.
First, remember the 14-day deadline to request an OHAO hearing if you refused a chemical test or if your license was destroyed by the officer. Second, do not make any statements about the incident to anyone other than your attorney. Third, contact a criminal defense attorney as soon as possible to begin reviewing the evidence and preparing your defense.
The PBT is a handheld breath test administered at the roadside during a traffic stop. It is used to establish probable cause for arrest, not as evidence at trial. Refusing the PBT is a civil infraction with a fine, but it does not result in a license suspension. The official chemical test administered at the police station (Datamaster or blood draw) carries more serious consequences for refusal.