Michigan OWI Attorney
An arrest for Operating While Intoxicated (OWI) in Michigan completely upends your life. Whether you were pulled over in Detroit, stopped in Grand Rapids, or arrested after a night out in Lansing, the charge brings serious consequences. You could face substantial fines, jail time, license suspension, and a criminal record that can follow you for years.
If you or someone close to you is dealing with an OWI charge, you’re likely feeling anxious, unsure of what to do next. You’re not alone. These situations catch people off guard every day—at routine traffic stops, after leaving bars in Ann Arbor, or while heading home from events in Kalamazoo. The consequences go far beyond a court date. Your job, your ability to drive, and even your relationships can be affected.
That’s why you must hire an experienced Michigan OWI lawyer to help with your case. At Friedman Law Firm, we assist people throughout the state to get through this with clarity and support. Our team has handled hundreds of drunk and drugged driving cases, particularly in Oakland, Wayne, and Macomb Counties.
We understand the laws, the courts, and what’s at stake for you. We don’t judge—our job is to protect your rights and fight for the best possible outcome.
You don’t have to figure this out alone. Contact Friedman Law Firm today for a free, confidential consultation.
What Constitutes an OWI in Michigan
Michigan law defines Operating While Intoxicated as driving under the influence of alcohol or drugs. However, the term covers a range of offenses and legal thresholds. What seems like a simple charge often involves complex details and technicalities.
Legal Definition and BAC Limits
A standard OWI charge applies when your blood alcohol concentration (BAC) is 0.08% or higher. For commercial drivers, the threshold drops to 0.04%, and drivers under 21 are subject to a zero-tolerance law—even a small trace of alcohol can lead to charges.
Drugged driving also falls under OWI laws. If a blood test shows the presence of illegal or certain prescription drugs that impair your ability to drive, prosecutors can pursue charges even without alcohol involved.
First Offense OWI
A first-time OWI may seem manageable, but it still carries significant penalties—up to 93 days in jail, fines of up to $500, six points on your license, and a 180-day license suspension. Plus, you’ll face court costs and higher insurance rates.
High BAC and “Super Drunk” Charges
If your BAC is 0.17% or higher, prosecutors may pursue a “Super Drunk” OWI. This version of the charge comes with double the jail time and mandatory alcohol treatment. The penalties can feel even harsher if you’re arrested in places like Royal Oak or Traverse City, where local prosecutors take these cases seriously.
Second and Third Offenses
Repeat OWI offenses bring escalating consequences. A second offense within seven years of the first includes mandatory jail time of at least five days and a license revocation for a minimum of one year.
A third offense at any time in your life becomes a felony, with up to five years in prison, vehicle forfeiture, and long-term driver’s license consequences.
Look-Back Periods and Enhancements
Michigan uses a seven-year look-back for second offenses and a lifetime look-back for felony OWI. Prosecutors will dig through your record, even if your previous charge was from years ago.
Certain circumstances can also trigger enhanced penalties:
- Child in the vehicle
- Causing injury or death in an accident
- Driving with a suspended license during the OWI arrest
These aggravating factors raise the stakes significantly and require immediate legal support.
How Our Attorneys Can Help
Every OWI case brings its own set of facts, procedures, and legal options. At Friedman Law Firm, we provide clear, practical support tailored to the details of your arrest. Whether you were stopped in Livonia, charged in Sterling Heights, or arrested after a roadside test in Bay City, we focus on building a strong defense while helping you manage the immediate and long-term impact of the charge.
Our goal is to take the legal pressure off your shoulders. We handle the complex procedures so you can focus on getting your life back on track.
Free Initial Case Evaluation to Assess Your Situation
We begin with a no-cost, confidential consultation to review your case and help you understand where you stand. During this meeting, we’ll go over the events that led to your arrest, identify potential issues with the prosecution’s case, and explain your legal options. This is your chance to ask questions and get real answers.
Investigation of All Evidence
Our legal team thoroughly examines all evidence, including the legality of the traffic stop, how field sobriety tests were administered, and whether the breath or blood test followed required procedures. In many cases, we identify errors or inconsistencies that may give us leverage in court.
For example, if you were pulled over on I-94 near Dearborn or after leaving a downtown Grand Rapids venue, we’ll review the dashcam footage and police reports to ensure the stop was justified.
Defense Strategy Development Tailored to Your Specific Case
We don’t believe in one-size-fits-all defenses. We build your defense around the specifics of your arrest—what happened, how the officer handled the stop, your test results, and your history. Some cases may benefit from challenging the test results, while others may be better suited for negotiating reduced charges or alternative sentencing.
Negotiation for Reduced Charges or Alternative Sentencing
Depending on the facts of your case, we may be able to negotiate a plea to a lesser offense, such as Operating While Visibly Impaired (OWVI), which carries less severe penalties. In some Michigan courts, we can pursue sobriety court or first-time offender programs that may help you avoid jail and reduce long-term consequences.
Representation at All Court Hearings and Proceedings
From arraignment to final resolution, we appear with you at every court date. You won’t have to figure out what to say or do—we’ll explain the process step by step and handle the legal arguments on your behalf. If you were arrested in Macomb County, Ingham County, or anywhere else in Michigan, we’re familiar with local courts and how they handle OWI cases.
Guidance Through License Restoration Process
If your license was suspended or revoked, we help you pursue the steps to get it back. This may include representing you at driver’s license appeal hearings, gathering the required documentation, and helping you meet all legal requirements. License restoration is a complicated process in Michigan, especially after a second or third offense. We make sure nothing gets missed.
Management of Collateral Consequences
An OWI conviction can ripple into other areas of your life. You might face higher car insurance rates, employment issues, or professional license complications. We help you plan for these outcomes by explaining how a conviction may affect your job or record—and how to minimize the damage.
We also prepare you for probation conditions, court-ordered classes, and ignition interlock requirements, so nothing catches you off guard. Our team works to make sure you’re informed and ready for each step.
If You’ve Been Arrested for OWI
An OWI arrest can happen quickly, but the effects last far longer. The choices you make in the minutes, hours, and days following the arrest can affect the outcome of your case. Knowing your rights and responsibilities gives you the best chance of protecting yourself.
What to Do During a Traffic Stop
If a police officer pulls you over and begins questioning you about drinking or drug use, remain calm and respectful. Provide your license, registration, and proof of insurance. Don’t admit to drinking, using drugs, or answer questions about where you’ve been. Politely tell the officer that you prefer not to answer any further questions without an attorney present.
You don’t have to agree to field sobriety tests. While refusing them may raise suspicion, they aren’t legally required and often provide police with evidence to use against you. Be polite but firm in asserting your rights.
Your Rights During an OWI Arrest
You have the right to remain silent and the right to speak with a lawyer. You also have the right to refuse a Preliminary Breath Test (PBT) at the scene if you’re 21 or older. However, once you’re arrested, refusing the evidentiary chemical test (breath, blood, or urine at the station or hospital) carries penalties under Michigan’s Implied Consent Law—including automatic license suspension.
Immediate Steps After Release
Once you’re released from custody—whether on bail, bond, or personal recognizance—you must act quickly. Begin by writing down everything you remember about the arrest: the officer’s behavior, the reason they gave for stopping you, the questions asked, how tests were conducted, and any witnesses who were present. These details can help your attorney uncover potential problems in the prosecution’s case.
Contact an attorney as soon as possible. The earlier a defense team can begin working, the more options you’ll have to challenge the charges.
Administrative License Suspension Process and Deadlines
If you refused a chemical test after your arrest, you’re subject to an automatic one-year license suspension. You only have 14 days from the date of arrest to request a hearing with the Michigan Secretary of State to challenge that suspension.
This hearing is separate from your criminal court case and requires specific legal arguments. Missing the deadline almost always results in losing the opportunity to contest the suspension. Your attorney can help prepare for this hearing and represent you if necessary.
Documenting Everything Related to Your Arrest
Keep copies of all paperwork provided to you by the police, jail, or court. This may include your citation, bail or bond documents, and any notices related to court dates or your driver’s license. Save emails, texts, and voicemails that could help explain where you were before the arrest. Keep receipts from restaurants or businesses that confirm your whereabouts or how much you consumed.
Every piece of information—no matter how small—can contribute to building a strong defense.
Potential Defenses for OWI Charges
Even if you tested over the legal limit, all hope isn’t lost. OWI cases depend on procedures, timing, and evidence. Strong defenses can lead to dropped charges, dismissals, or reduced penalties.
Was the Traffic Stop Legal?
Police need reasonable suspicion to pull you over. If the stop lacked a valid reason—like erratic driving or a broken taillight—any evidence gathered may be inadmissible.
Field Sobriety Tests
These tests rely on officer judgment. Weather, nerves, medical issues, and even footwear can affect performance. If the test wasn’t administered properly, we can raise serious doubts.
Breath and Blood Tests
Breathalyzer machines must be calibrated, maintained, and used correctly. Blood draws require a clear chain of custody. We review every detail to spot mistakes that could undermine the test results.
Medical Conditions
GERD, diabetes, and other health issues can cause elevated breath test results. These conditions provide valid defenses in many cases.
Chain of Custody Problems
Evidence needs to be handled properly from the scene to the lab. Gaps or mistakes in the chain of custody can cast doubt on the prosecution’s entire case.
Police Errors
From failing to advise you of your rights to mishandling evidence, police errors happen more often than you’d think. We hold law enforcement accountable for following the rules.
Michigan OWI Frequently Asked Questions
Will I lose my license after an OWI arrest in Michigan?
A first offense usually results in a 180-day suspension, though a restricted license may be available. Refusing a chemical test can trigger a separate one-year suspension under the Implied Consent Law.
Can I refuse a breathalyzer test in Michigan?
You can refuse the preliminary breath test at the roadside without major consequences. But refusing the evidentiary test (usually at the station) will result in license sanctions and possible points on your record.
What’s the difference between OWI and OWVI?
OWI is Operating While Intoxicated—meaning you were over the legal limit or impaired. OWVI, or Operating While Visibly Impaired, applies when your driving is affected but your BAC may be under 0.08%.
How much does an OWI conviction typically cost in Michigan?
Beyond fines of $100–$700, expect to pay thousands in court costs, attorney fees, increased insurance premiums, and ignition interlock devices.
Can an OWI charge be expunged from my record?
Yes. First-time OWI offenders may be eligible for expungement five years after completing all penalties. This option isn’t available for second or felony OWI offenses.
Contact Our Skilled OWI Lawyers in Michigan Now
OWI charges don’t fix themselves. Prosecutors start building a case at the moment of your arrest. That’s why you need to act now.
The team at Friedman Law Firm has helped drivers in Detroit, Flint, Jackson, Saginaw, and communities across Michigan get fair outcomes and protect their futures. Whether this is your first OWI or you’ve dealt with one before, we treat your case with urgency and respect.
We don’t judge. We listen. Then we fight to protect your rights and get you back on track.
Call (248) 932-0900 now for a free, confidential consultation. Let Michigan criminal defense law firm help you move forward—starting today.