Drunk Driving

Lansing DUI & OWI Defense Attorney

A drunk driving charge in Michigan carries consequences that stretch well beyond the courtroom: license suspension, jail time, heavy fines, and a criminal record that follows you into every job application and background check. If you’ve been charged with OWI or DUI in Lansing, MI, the decisions you make in the days immediately after your arrest will shape how this plays out. Call Clint W. Perryman PC at 810-498-2370 to speak with a Lansing DUI lawyer who handles these cases directly and gets straight to what matters.

Michigan law generally uses the term Operating While Intoxicated (OWI), while “DUI” is commonly used in everyday language to describe impaired-driving offenses. What you need right now is a clear picture of what you’re facing and what can be done about it.

What Michigan Actually Charges: OWI, OWVI, and “Super Drunk”

Michigan’s drunk driving laws include OWI, OWVI, and enhanced penalties for operating with a high BAC. Each has different legal elements and potential penalties, so the specific charge and circumstances of the case matter.

Most people arrested for drunk driving in Michigan are charged under one of three statutes:

  • Operating While Intoxicated (OWI): The standard charge when a driver’s blood alcohol content (BAC) is 0.08% or higher, or when they are intoxicated by a controlled substance, regardless of BAC level. Prosecutors must prove the driver was operating a vehicle on a highway or another place open to the general public or generally accessible to motor vehicles, including certain parking areas, while intoxicated.
  • Operating While Visibly Impaired (OWVI): Charged when a driver appears visibly impaired by alcohol or a controlled substance, even if their BAC is below 0.08%. “Visibly impaired” means their ability to operate a vehicle was noticeably reduced. This charge carries lesser penalties than OWI but still results in license points and potential license suspension.
  • High BAC / “Super Drunk”: Enhanced penalties apply when a driver’s blood alcohol content level is 0.17% or higher. Michigan’s high BAC law, commonly referred to as the “super drunk” law, imposes significantly harsher penalties than a standard first-offense OWI.

Under Michigan law, “operating” a vehicle does not require the car to be moving. A driver sitting in a parked car with the engine running can still be charged. This is a detail that surprises many people and changes the analysis of a case.

Michigan OWI Penalties by Offense Level

OWI penalties in Michigan escalate sharply with each subsequent offense, and even a first offense can mean jail time, substantial fines, and a license suspension lasting six months or longer.

First Offense OWI

A first offense OWI in Michigan is a misdemeanor, but the penalties are serious:

  • Up to 93 days in jail
  • Fines between $100 and $500, plus court costs and fees
  • Up to 360 hours of community service
  • Driver’s license suspension for 30 days, followed by 150 days of restricted driving, for a total license sanction of 180 days
  • Six points added to your driving record
  • Possible ignition interlock device requirement during restricted period

A first offense “super drunk” (0.17% BAC or higher) carries enhanced penalties, including up to 180 days in jail, a fine of $200 to $700, a one-year license suspension, and eligibility for restricted driving after 45 days with an ignition interlock device, subject to applicable requirements.

Second Offense OWI

A second OWI conviction occurring within seven years of a prior qualifying conviction carries significantly more serious consequences:

  • 5 days to one year in jail (mandatory minimum applies)
  • Fines between $200 and $1,000
  • 30 to 90 days of community service
  • Driver’s license revocation for a minimum of one year
  • Vehicle immobilization or forfeiture in some cases
  • Mandatory ignition interlock device upon any license restoration

Third Offense and Beyond

A third drunk driving offense within a person’s lifetime, regardless of how long ago the prior offenses occurred, is a felony charge in Michigan. Felony OWI carries:

  • One to five years in prison (up to five years for some felony variants)
  • Fines up to $5,000
  • Driver’s license revocation and denial for a minimum period determined by the driver’s prior qualifying convictions, which can be at least one year and can be five years in circumstances specified by Michigan law
  • Vehicle forfeiture possible
  • Felony conviction that generally remains on the criminal record unless eligible for and successfully granted a legal set-aside or other applicable relief

OWI causing serious injury or death escalates to its own felony charges with penalties well beyond those listed above.

How a Drunk Driving Stop and Arrest Actually Work

Police must have reasonable suspicion to pull a driver over and probable cause to make an arrest, and either of those steps, if flawed, can become a foundation for challenging the charges.

A drunk driving case typically begins with a traffic stop. An officer who observes a traffic violation or driving behavior suggesting impairment has reasonable suspicion to stop the vehicle. Without it, the stop itself may be legally defective.
Once stopped, an officer may ask a driver to perform field sobriety tests; the walk-and-turn, one-leg stand, and horizontal gaze nystagmus test are the standardized tests recognized by the National Highway Traffic Safety Administration. These tests are voluntary in Michigan, though refusing them does not prevent an arrest.

If the officer develops probable cause to believe the driver is intoxicated, the driver will be asked to submit to a breath test, typically a Preliminary Breath Test at the roadside, and then an Evidential Breath Test at the station. A blood test or urine test may be used where breath testing is unavailable or when a controlled substance is suspected. Under Michigan’s implied consent law, refusing the Evidential Breath Test after arrest triggers an automatic one-year license suspension, separate from and in addition to any criminal penalties.

Testing methods are not infallible. Breath test calibration records, blood sample handling procedures, and the officer’s administration of field sobriety tests are all subject to scrutiny.

Zero Tolerance and Underage OWI in Michigan

Michigan’s zero-tolerance law prohibits drivers under 21 from operating a vehicle with “any bodily alcohol content.” The statutory definition includes a BAC of 0.02% or higher but less than the applicable adult threshold, as well as any presence of alcohol in the person’s body resulting from consuming alcoholic liquor, subject to statutory exceptions. The offense does not require proof that the driver was visibly impaired.

Drivers under 21 face a separate zero tolerance policy under Michigan law. Operating a motor vehicle with a BAC between 0.02% and 0.07% results in:

  • 30-day license suspension for a first offense
  • 90-day suspension for a second offense
  • Fines and community service requirements

A BAC of 0.08% or higher triggers the standard OWI statutes, not just the zero tolerance provisions, meaning an underage driver with a high BAC faces all the same criminal penalties as an adult OWI charge.

Building a Defense Against OWI Charges in Lansing

An effective OWI defense focuses on the lawfulness of the stop, the reliability of the testing, and whether the prosecution can prove every element of the charge beyond a reasonable doubt.

No two OWI cases are the same. The right defense strategy depends on the facts, what the officer observed, how testing was conducted, whether there are constitutional issues with the stop or arrest, and what the prosecutor’s evidence actually shows. Common defense approaches include:

  • Challenging reasonable suspicion for the stop: If the officer lacked a valid basis to pull the driver over, evidence obtained during that stop may be suppressible.
  • Contesting field sobriety test results: These tests are affected by medical conditions, physical limitations, road conditions, lighting, and footwear. Results are far from objective.
  • Attacking the breath or blood test: Breath test machines require proper calibration and maintenance. Blood samples must follow a strict chain of custody. Procedural failures can undermine test results.
  • Questioning probable cause for arrest: Even where a stop was lawful, the arrest itself requires probable cause. If that threshold wasn’t met, the arrest may be challengeable.
  • Negotiating for a reduced charge: In some cases, reducing an OWI to OWVI (Operating While Visibly Impaired) or pursuing a sobriety court diversion program may be appropriate and achievable, particularly for a first offense.

We evaluate each case for all applicable defenses before making any recommendation about how to proceed.

What a DUI Conviction Means Beyond the Courtroom

A DUI conviction in Michigan creates a permanent criminal record, affects your driver’s license for years, and can impact your employment, professional licenses, and auto insurance rates long after the case closes.

The criminal penalties get the attention, but the collateral consequences of a drunk driving conviction are often what clients feel most long after sentencing:

  • Criminal record: An OWI conviction stays on your driving record for life in Michigan for purposes of counting subsequent offenses. It may appear on criminal background checks used by employers and other organizations, unless the conviction has been legally set aside or another restriction on disclosure applies.
  • Professional license consequences: Certain licensed professions in Michigan treat a criminal conviction as grounds for disciplinary action, suspension, or revocation of a license.
  • Insurance rates: An OWI conviction may result in higher auto insurance premiums, depending on the insurer, the driver’s record, and other factors.
  • Employment: Many employers screen for criminal convictions; a drunk driving charge on your record can close doors, particularly in fields involving driving, security, or professional licensing.
  • CDL holders: CDL holders can face a one-year disqualification from operating commercial motor vehicles following a first conviction for certain major traffic offenses, including an OWI-related conviction, even when the offense occurred while operating a noncommercial vehicle. Two qualifying convictions arising from separate incidents can result in a 10-year or lifetime disqualification depending on the specific federal and state provisions that apply.

Understanding the full picture of what’s at stake makes clear why contesting OWI charges, rather than simply accepting the first plea offer, is so often worth the effort.

Frequently Asked Questions About OWI Defense in Lansing, MI

What is the difference between OWI and DUI in Michigan?

Michigan’s drunk driving statute uses the term OWI, Operating While Intoxicated. “DUI” (Driving Under the Influence) is a term used in many other states and in common conversation, but it is not the technical charge in Michigan. The legal elements, penalties, and procedures in Michigan all refer to OWI, OWVI, and related offenses under the Michigan Vehicle Code.

Can I refuse a breathalyzer test in Michigan?

You can refuse the Evidential Breath Test after arrest, but Michigan’s implied consent law imposes automatic consequences: a one-year license suspension for a first refusal and two years for a second refusal within seven years. Refusing the roadside Preliminary Breath Test carries a civil infraction fine. Refusing a Preliminary Breath Test does not necessarily prevent an arrest or prosecution. Police and prosecutors may rely on other admissible evidence, including observations, field sobriety testing, and other chemical-test evidence.

Will I lose my license after an OWI arrest?

Possibly, depending on the circumstances. Michigan’s administrative license sanctions can operate separately from the criminal case, including license consequences resulting from a refusal to submit to a required chemical test. Criminal-case-related license sanctions can also follow a conviction. At arraignment, a judge may impose conditions on bond that include no alcohol and no driving. Depending on the outcome of the criminal case, license suspension or revocation follows conviction, with the length and conditions tied to the offense level.

What is an ignition interlock device, and when is it required?

An ignition interlock device (IID) is a breath-testing unit installed in a vehicle that prevents the car from starting if the driver’s BAC exceeds a set threshold. Michigan requires IID installation as a condition of any restricted license for “super drunk” first offenses, and for all subsequent OWI offenses. Courts can also order IID use as a probation condition in first-offense cases.

Can a first-offense OWI be expunged in Michigan?

Michigan law allows a person to petition to set aside one qualifying first-time OWI conviction if the statutory requirements are satisfied. Generally, at least five years must have passed from the latest of the applicable sentencing, probation, parole, or imprisonment events. The person must not have previously had a first-time OWI conviction set aside under the statute. However, OWI convictions involving injury or death are not eligible for this first-time OWI set-aside process, and an OWI conviction that qualifies for a set-aside remains on the person’s Michigan driving record. The rules are complex, and eligibility depends on the specific facts of the conviction.

How do Lansing prosecutors handle OWI cases?

OWI charges arising in Ingham County may be handled in one of the county’s district courts for misdemeanor offenses, including 54A District Court in Lansing, 54B District Court in East Lansing, or 55th District Court in Mason, depending on where the alleged offense occurred. Felony cases proceed in Ingham County Circuit Court. The specific handling of an OWI case depends on the charge, the available evidence, the defendant’s prior record, the circumstances of the alleged offense, and the court in which the case is pending.

Do I have to go to trial to fight an OWI charge?

No. Many OWI cases are resolved without trial through negotiated plea agreements, reduced charges, diversion programs, or motions to suppress evidence. Trial is one option, not the only one. The right path depends on the strength of the prosecution’s evidence, the available defenses, and the client’s specific priorities and circumstances.

Facing OWI Charges in Lansing, MI? Get Straight Answers.

A drunk driving charge is serious, but it is not the end of the road. Michigan OWI law is detailed, the procedures police must follow are strict, and there are real defenses available at every stage of the criminal justice process. The question is whether those defenses get identified and pursued effectively.

Clint W. Perryman PC handles OWI and DUI defense in Lansing, MI, with the direct, no-nonsense approach your situation demands. Call our law firm at 810-498-2370 today to speak with a Lansing DUI lawyer about your case. You can also visit us at 601 S Saginaw St Suite 300, Flint, MI 48502. When the stakes are this high, you can’t afford not to have experienced legal assistance in your corner.