In Michigan, the offense for drunk-driving is called Operating While Intoxicated (OWI). Michigan has some of the most unforgiving drunk driving laws in the country. In years past, if you received your third OWI arrest within 10 years, the charge would be a felony (imprisonment longer than one year). Just this year, the Michigan legislature passed “Heidi’s Law”, which means that there is no more ten year limit. That is, if you receive a third arrest for OWI, it does not matter how long ago the previous two OWI convictions were. You will now be charged with a felony.
It is now more important than ever to contact an attorney if you have been arrested for an OWI. Most OWI’s can be defended on grounds like an improper stop, police not following procedures with the testing devices, police conducting wrongful field sobriety tests (FST), or certain ever day ailments interfering with the chemical testing device. If you suspect any of these has happened to you, then contact our firm for your free initial consultation. Don’t just plead the case out or feel that an OWI is indefensible. If you are charged with an OWI, contact this firm and we will represent you vigorously and see to it that your rights are protected.
The penalties in Michigan are severe for an OWI and increase with each successive conviction. Below is a chart that explains Michigan’s penalties
| OWI 1st Offense | Up to 93 days in jail | $100-500 fine | 45 days of community service |
| OWI 2nd Offense | 5 days to one year in jail | $200-$1,000 fine | 30-90 days community service |
| OWI 3rd Offense | 1-5 years in jail | $500-$5,000 fine | 60-180 days community service |
| OWI 1st Offense | Suspension for 180 days/restricted for 150 days | - – - – | - – - - | - – - - |
| OWI 2nd Offens | Revocation for 1 year | Plate confiscation | 90-180 day vehicle immobilization | Possible vehicle forfeiture |
| OWI 3rd Offense | Revocation for 5 year | Plate confiscation | 1-3 years vehicle immobilization | Possible vehicle forfeiture |
While OWI is a charge given to drivers with a blood alcohol content (bac) of .08 or above, there is also a charge for drivers whose blood alcohol content is lower than .08. Operating with a visual impairment or OVI, is a lesser charge given to drivers who are considered visually impaired. If you are under the legal limit of .08 you may be charged with this penalty. Because you still have alcohol in your system you are considered visually impaired but not under the influence.
The penalties in Michigan for an OVI increase with each successive conviction. Below is a chart that explains Michigan’s penalties
| OVI (Op. visual impairment) 1st | Up to 93 days in jail | Up to $300 fine | 45 days of community service |
| OVI (Op. visual impairment) 2nd | 5 days to one year in jail | $200-$1,000 fine | 30-90 days community service |
| OVI (Op. visual impairment) 3rd | 1-5 years in jail | $500-$5,000 fine | 60-180 days community service |
| OVI (Op. visual impairment) 1st | Suspended license for 90 days | (restricted for 90 days if eligible) | - – - - | - – - - |
| OVI (Op. visual impairment) 2nd | Revocation for 1 year | Plate confiscation | 90-180 day vehicle immobilization | Possible vehicle forfeiture |
| OVI (Op. visual impairment) 3rd | Revocation for 5 year | Plate confiscation | 1-3 years vehicle immobilization | Possible vehicle forfeiture |
Don’t let this happen to you. Let us fight to protect your license, vehicle, freedom, and peace of mind.
If you have been charged with an OWI, then call us now for your free, no obligation consultation and see what Johnson and Wilk can do for you. Your freedom may depend on it!
