Being charged with your first OWI in Michigan can feel overwhelming, confusing, and frightening. You may not know what to expect, what penalties you’re facing, or what effect the situation will have on your career, family, and future.
Read on to learn more about first-time OWIs in Michigan, including the possible penalties you could face. During this time, you really must have a Michigan OWI attorney to explain your rights and options and fight for the best outcome possible. An attorney can make all the difference in protecting your future.
First Time OWI in Michigan Guide
- What Is OWI in Michigan?
- First OWI Offense in Michigan: Charges and Penalties
- What Happens After a First-Time OWI Arrest?
- Should I Get a Lawyer for First OWI in Michigan?
- Don’t Wait to Get Help
- Can a First OWI Be Dismissed or Reduced?
- How Long Does an OWI Stay on Your Record in Michigan?
- Will I Lose My License After a First OWI in Michigan?
- How Much Does a First OWI Cost in Michigan?
- How Friedman Law Firm Can Help
What Is OWI in Michigan?
In Michigan, OWI stands for Operating While Intoxicated. It covers driving under the influence of alcohol, drugs, or a combination of both. Some people still refer to it as DUI (Driving Under the Influence), but OWI is the official legal term used in Michigan.
There are three main types of OWI charges in Michigan:
- OWI – Alcohol: Driving with a blood alcohol content (BAC) of 0.08% or higher
- OWVI – Visibly Impaired: Driving while visibly impaired by alcohol or drugs, even if your BAC is below 0.08%
- OWI – High BAC: Driving with a BAC of 0.17% or higher, which carries enhanced penalties
You can also be charged for operating a vehicle under the influence of marijuana, cocaine, or other Schedule 1 controlled substances, even if you have a medical marijuana card.
First OWI Offense in Michigan: Charges and Penalties
If this is your first offense DUI in Michigan, you’re probably wondering what kind of penalties you’re up against. Michigan law treats first-time offenders seriously, but there are also opportunities to reduce the impact of a conviction—especially with the help of a skilled OWI attorney in Michigan.
Standard First OWI Offense
A standard first offense OWI in Michigan typically includes:
- Misdemeanor charge
- Up to 93 days in jail
- Fine of $100 to $500
- Community service (up to 360 hours)
- License suspension for 30 days
- License restrictions for 150 days after that
- 6 points added to your driving record
- Possible vehicle immobilization
High BAC (“Super Drunk”) Offense
If your BAC was 0.17% or higher, Michigan’s “Super Drunk” law applies, and you may face:
- Up to 180 days in jail
- Fine up to $700
- Mandatory alcohol treatment
- One-year license suspension, with the possibility of a restricted license after 45 days (with ignition interlock)
Under 21? Zero Tolerance Applies
If you’re under the legal drinking age, any detectable amount of alcohol in your system can lead to OWI charges—even if your BAC is below 0.08%. That’s because of Michigan’s Zero Tolerance Law.
What Happens After a First-Time OWI Arrest?
If you’ve been arrested for your first OWI in Michigan, it’s normal to feel confused about what comes next. The legal process can move quickly, and missing a deadline or court appearance could make things worse. Understanding the timeline can help you feel more prepared—and help your Michigan OWI attorney build the strongest possible defense.
Here’s what typically happens after a first-time OWI arrest in Michigan:
1. The Traffic Stop and Arrest
Most OWI cases begin with a routine traffic stop. If the officer suspects you’ve been drinking or using drugs, they may ask you to perform field sobriety tests. You may also be asked to take a preliminary breath test (PBT) at the scene.
If the officer has probable cause, they’ll place you under arrest and take you to a police station or hospital for a chemical test (usually a breath or blood test) to determine your BAC.
2. Booking and Temporary License Suspension
After the arrest, you’ll be booked and fingerprinted. Your driver’s license will likely be confiscated on the spot, and you’ll be issued a temporary paper license that is valid for a limited time.
3. Arraignment in Court
Your arraignment is your first appearance in front of a judge. The judge will:
- Read the formal charges against you
- Inform you of your rights
- Ask how you plead (guilty, not guilty, or no contest)
- Set bail or bond conditions, if applicable
This hearing happens within a few days of your arrest. It’s important to have a lawyer with you or have one ready to represent you.
4. Pretrial Conferences and Motions
If you plead not guilty, your case moves into the pretrial phase. During this stage, your Michigan OWI attorney can:
- Request police reports, videos, and lab results
- Challenge the legality of the stop or arrest
- File motions to suppress evidence
- Negotiate with the prosecutor for a plea deal or reduced charge
This is where legal strategy plays a major role in your outcome.
5. Trial or Plea Agreement
Most first-time OWI cases don’t go to trial, especially if your attorney can negotiate a fair outcome. However, if a plea deal can’t be reached—or if your case has strong defenses—you may proceed to trial.
At trial, your lawyer will present evidence, cross-examine witnesses, and argue your case before a judge (or jury, if applicable).
6. Sentencing
If you plead guilty or are found guilty, you’ll return to court for sentencing. The judge will decide your penalties based on:
- BAC level
- Circumstances of the arrest
- Whether anyone was harmed
- Your prior record (if any)
Sentencing may include jail time, fines, probation, community service, alcohol education, or license restrictions. With the help of an experienced OWI attorney in Michigan, many first-time offenders can avoid jail or reduce their sentence.
Should I Get a Lawyer for First OWI in Michigan?
If you’ve been charged with your first OWI in Michigan, one of the first questions you might ask is: “Do I really need a lawyer for a first-time OWI?”
The answer is simple: Yes, you should get a lawyer for your first OWI arrest in Michigan. Even though it’s your first offense, the consequences can still be serious and long-lasting. An experienced Michigan OWI attorney can help protect your rights, reduce the penalties, and give you the best chance at moving forward with as little disruption to your life as possible.
Why Legal Representation Matters for a First Offense
A first OWI might seem like something you can handle on your own—especially if you’re being charged with a misdemeanor and didn’t hurt anyone. But Michigan’s OWI laws are strict, and the legal system is not designed to guide you through this process without help. The court won’t explain your options or fight for leniency—that’s your lawyer’s job.
Without a skilled attorney, you could:
- Plead guilty too quickly, without understanding your alternatives
- Miss an opportunity to challenge the evidence, such as an unlawful stop or faulty breathalyzer
- Accept harsher penalties, like more jail time or longer license suspension than necessary
- Lose your license when you might have qualified for a restricted license
- End up with a permanent criminal record, even when your charge might’ve been reduced
A first-offense DUI in Michigan isn’t just a traffic ticket—it’s a criminal charge that could follow you for years.
What an OWI Attorney in Michigan Can Do for You
A dedicated OWI lawyer does much more than show up in court. They work behind the scenes to examine every detail of your case and build a defense strategy that fits your unique situation.
Here’s how a Michigan OWI attorney can help:
- Review the arrest process: Was the traffic stop legal? Did the officer follow proper procedures?
- Analyze chemical testing results: Were the breath or blood tests administered correctly?
- Spot weaknesses in the prosecution’s case: Is there enough evidence to convict?
- Negotiate with the prosecutor: Can your charge be reduced to “Impaired Driving” or another lesser offense?
- Fight for alternatives to jail: Are there other options available like community service, probation, or alcohol education programs.
- Request restricted driving privileges: These special licenses allow you to still commute to work or school.
- Represent you in court: Your attorney will explain what’s happening at every step of the process and fight for your rights and freedom at every turn.
Most importantly, your lawyer gives you peace of mind, knowing someone is in your corner who understands the law, the courts, and what’s truly at stake.
Don’t Wait to Get Help
Time matters after an OWI arrest. You only have a limited window to:
- Challenge your license suspension
- Gather critical evidence (like dashcam footage)
- Explore alternatives to conviction
Waiting too long to hire a lawyer can hurt your case. That’s why it’s important to speak with an experienced OWI attorney in Michigan as soon as possible—ideally before your arraignment.
Can a First OWI Be Dismissed or Reduced?
In some cases, yes—a first offense OWI in Michigan can be reduced to a lesser charge, or even dismissed altogether.
Several factors can influence this:
Whether you cooperated during arrest- If you have a clean criminal and driving record
- The strength of the evidence against you
- Whether any constitutional rights were violated during the stop
- The skill and negotiation strength of your attorney
A common reduction is from OWI to “Operating While Visibly Impaired” (OWVI). This lesser offense still carries penalties, but they are not as severe. You may also qualify for a sobriety court or diversion program, which can help you avoid jail time and focus on rehabilitation instead.
How Long Does an OWI Stay on Your Record in Michigan?
Unfortunately, a first-time OWI conviction stays on your criminal record for life in Michigan. That means it can affect:
- Future employment opportunities
- Insurance rates
- Professional licenses
- Immigration status
- College admissions
The good news is that Michigan law allows some first-time OWI convictions to be expunged (removed) from your criminal record after a 5-year waiting period—but only under specific conditions.
To qualify, your OWI must be a non-violent, first-time misdemeanor. Cases involving serious injury, death, or a child in the car generally cannot be expunged.
Will I Lose My License After a First OWI in Michigan?
Yes, but the length and type of suspension depend on the specifics of your case.
For a first OWI, you’ll typically face:
- 30-day license suspension, followed by
- 150 days of restricted driving
If your BAC was over 0.17% (High BAC), you may also be required to:
- Install an ignition interlock device (IID)
- Wait 45 days before applying for a restricted license
An experienced Michigan OWI lawyer can help you request restricted driving privileges so you can still commute to work, school, or treatment programs.
How Much Does a First OWI Cost in Michigan?
The cost of a first OWI in Michigan goes beyond just fines. You should also factor in:
- Court costs and fees
- Increased auto insurance premiums
- Driver’s license reinstatement fees
- Substance abuse education or treatment
- Community service time off work
- Lost wages if jail time is served
- Attorney’s fees
Altogether, a first-time OWI can cost you $5,000 or more over time. However, hiring the right OWI attorney in Michigan can reduce long-term costs by helping you avoid the most severe penalties.
How Friedman Law Firm Can Help
At Friedman Law Firm, we understand how upsetting it is to be charged with your first DUI in Michigan. You’re worried about your future, your freedom, and your ability to drive. That’s why we’re here—to help lift the weight off your shoulders and build a strong defense that puts your future first.
Our team of experienced Michigan OWI attorneys will:
- Review every detail of your arrest and BAC test
- Identify possible rights violations or testing errors
- Fight for reduced charges or dismissal
- Advocate for license reinstatement and restricted driving
- Guide you through every step with care and respect
We don’t treat clients like case files—we treat you like a person who deserves a second chance.
Contact us today to talk about your Royal Oak criminal defense lawyer. We’ll help you move forward with clarity, confidence, and the legal support you need.