Charged with OWI in Kent County? Your license is at stake too
An OWI arrest in Grand Rapids, Kentwood, Wyoming or anywhere else in Kent County puts two things in motion at once. One is the criminal case in district court. The other is the Secretary of State’s action on your driver’s license, which runs on its own deadlines. Lose track of either one and you can lose your license before the criminal case is even close to over.
I am Mitchell Bisson, a Michigan OWI lawyer based in Grand Rapids. I have litigated for 15 years, and I prepare every OWI case as if it will be tried. Looking hard at the stop, the arrest and the testing before any plea discussion lets me test what the state can actually prove.
Many people search for a Grand Rapids DUI lawyer. Michigan’s statute calls the offense OWI, and that is the term I use here. This page goes deeper on OWI than my Grand Rapids criminal defense lawyer page. Nothing here predicts how your case will end, and I do not promise outcomes. I do promise to tell you where you stand.
What Michigan means by OWI
Michigan calls the offense operating while intoxicated, or OWI. It is one statute with several ways to be charged, all under MCL 257.625.
- Under the influence. Your ability to drive was affected by alcohol, a controlled substance, or another intoxicating substance, or a mix of them. This applies to lawful prescription medication if the medication affected your driving. MCL 257.625(1)(a).
- 0.08 or more. A bodily alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. MCL 257.625(1)(b).
- 0.17 or more. The statute treats a reading of 0.17 or higher as its own, more serious category, often called high BAC or super drunk. MCL 257.625(1)(c).
- Any Schedule 1 substance or cocaine. A person with any amount of a Schedule 1 controlled substance or cocaine in the body can be charged even without proof of impairment. Marijuana is a Schedule 1 substance. In People v. Koon, 494 Mich. 1 (2013), the Michigan Supreme Court held that a registered medical marijuana patient who is not impaired is protected from this charge. Koon dealt with the Medical Marihuana Act and did not decide how the rule applies to adult recreational use under the 2018 law. A prescribed medication that is not on that list is not the offense by itself. MCL 257.625(8).
- OWVI. Operating while visibly impaired is the lesser offense. The state must show your ability to drive was visibly impaired by alcohol or drugs. When OWI is charged, a finding of guilty on OWVI can be returned instead. MCL 257.625(3).
- Under 21. Drivers under 21 face a stricter standard for any bodily alcohol content. MCL 257.625(6).
- Child under 16 in the vehicle. OWI with a passenger under 16 carries enhanced penalties. MCL 257.625(7).
- Injury or death. OWI causing death or serious impairment of a body function is a felony. MCL 257.625(4) and (5).
“Operating” is broader than driving down the road. Michigan defines it to include being in actual physical control of a vehicle. MCL 257.35a. That is why people asleep in a parked car, or sitting behind the wheel with the engine running, still get charged. Whether the facts really show physical control is a question I look at closely.
Michigan OWI penalties for a first offense and beyond
These ranges come from MCL 257.625(9) and (11) and describe the common scenarios. The exact exposure depends on the facts, your record and the judge.
- First offense. For an OWI first offense in Michigan, the charge is a misdemeanor with up to 93 days in jail, a fine of $100 to $500, and up to 360 hours of community service.
- First offense at 0.17 or higher. Up to 180 days in jail and a fine of $200 to $700.
- Second offense within seven years. Still a misdemeanor, but with a fine of $200 to $1,000 and 5 days to 1 year in jail, 30 to 90 days of community service, or both. A jail term in that range cannot be suspended unless you agree to a specialty court program and complete it.
- Third offense. After two or more prior convictions, the charge is a felony no matter how many years have passed since the earlier ones. The fine is $500 to $5,000, with either 1 to 5 years in prison, or probation with 30 days to 1 year in jail and 60 to 180 days of community service.
- OWVI. A first OWVI carries up to 93 days, up to 360 hours of community service and a fine of up to $300. With one prior within seven years the range rises to the second-offense numbers above.
- Serious impairment of another person. A felony with up to 5 years in prison, and up to 10 years at 0.17 or higher with a prior within seven years.
- Death. A felony with up to 15 years in prison and a fine of $2,500 to $10,000, and up to 20 years at 0.17 or higher with a prior within seven years.
For second and third offenses the court must order vehicle immobilization unless the vehicle is ordered forfeited. For a first offense immobilization is optional. MCL 257.625(9)(e), MCL 257.904d and MCL 257.625n.
A prior conviction has to be proved at sentencing, and the prosecutor has to list the priors on the charging document if enhancement is sought. MCL 257.625(15) and (17). I check every prior, including out-of-state ones, because mistakes there change the charge.
Your license is handled separately
The Secretary of State acts on your license through administrative law, apart from what the judge does. These are the pieces people miss.
Refusing the chemical test. Before a test, an officer must advise you of certain rights, including that you can demand that a person of your own choosing administer one of the tests, and that refusing leads to a license suspension and six points. MCL 257.625a(6). If you refuse, you have 14 days from the date of notice to request a hearing. If you do not ask, the Secretary of State suspends your license for one year, or two years for a second or later refusal within seven years. MCL 257.625f(1). The hearing covers only four questions: whether the officer had reasonable grounds, whether you were arrested, whether your refusal was reasonable, and whether you were given the required advisements. MCL 257.625f(4). That 14-day window is short, and people lose it while they are still sorting out bail.
After a conviction. For a first offense under MCL 257.625(1)(a) or (b), the suspension is 180 days, and a restricted license cannot be issued during the first 30 days. For 0.17 or higher, the suspension is one year, a restricted license cannot be issued during the first 45 days, and any restricted license requires an ignition interlock device on the vehicle. For a first OWVI the suspension is 90 days, or 180 days if the impairment came from a controlled substance or from alcohol mixed with a controlled substance. MCL 257.319(8).
Points. OWI adds six points to your record and OWVI adds four. MCL 257.320a.
Repeat offenses. Two convictions within seven years for specified alcohol and drug driving offenses means the Secretary of State revokes your license and denies a new one. MCL 257.303(2). A revoked license is not simply handed back later. Waiting periods apply, at least one year and longer after a second revocation within seven years, and you must meet the department’s requirements. MCL 257.303(4).
I handle the court case and the license problem together because each affects the other. My page on implied consent hearings and license suspensions goes deeper on the deadlines and what each hearing covers.
What happens after an OWI arrest
The path is faster than most people expect.
- Roadside. The officer may ask for field sobriety tests and a preliminary breath test. A refusal to take the roadside breath test is a civil infraction. The result is usable in court only for limited purposes, mainly to support or challenge the arrest. MCL 257.625a(2).
- Chemical test. After arrest the officer asks for a breath, blood or urine test and reads the advisements discussed above.
- Arraignment. For misdemeanor OWI the law calls for arraignment within 14 days of arrest, a pretrial conference within 35 days and final resolution within 77 days. MCL 257.625b. Missing those deadlines does not get the case dismissed. The statute says the court shall not dismiss or impose any other sanction. Treat them as targets that move the case along fast.
- Pretrial, motions, trial. This is where cases are won or negotiated. Felony OWI runs through the felony process, starting with a probable cause hearing in district court.
Because the pace is quick, evidence disappears quickly. Patrol car video, body camera footage and bar receipts can be lost if no one asks for them in time. Call early.
How I challenge an OWI case
I take the case apart in order, because each step must hold up for the next one to matter.
The stop. An officer needs a lawful reason to pull you over. If the stop was not justified, what followed may be thrown out. I look at the video, the dispatch records, and what the officer wrote compared with what the camera shows.
The arrest. The officer needed reasonable grounds to think you were operating while intoxicated. Field sobriety tests are voluntary roadside exercises. Balance on uneven pavement, tired eyes, nerves, a bad knee or a long day can all look like impairment on a report and nothing like it on video.
Operating. Were you actually operating? Michigan law reaches actual physical control, but it is still a question of fact. Where the car was, whether the engine was on, where the keys were and who else was involved all matter.
The breath test. Michigan’s rules for evidential breath instruments require that you be observed for at least 15 minutes before the sample is collected, with nothing in your mouth. Mich Admin Code, R 325.2655. If the observation was incomplete, or the operator was not properly certified, or the instrument was not maintained, the number is open to attack. Alcohol also keeps rising for a time after the last drink, so a reading taken well after driving may not reflect your level when you were behind the wheel.
The blood test. Blood draws raise their own questions: the warrant, the chain of custody, how the sample was stored, whether the lab followed its protocols, and whether the number can be reproduced. The United States Supreme Court has held that the natural fading of alcohol in the blood does not by itself excuse an officer from getting a warrant, Missouri v. McNeely, 569 U.S. 141 (2013), and that police may require a breath test as a search incident to arrest but not a blood test without a warrant, Birchfield v. North Dakota, 579 U.S. 438 (2016). Michigan’s own statute says that if you refuse, a test must not be given without a court order, though the officer may seek one. MCL 257.625a(6)(b)(iv).
Drug cases. Impairment is the issue when prescription or other drugs are involved. A drug in your system proves you took it at some point, not that it affected your driving at the time. I look at the drug recognition evaluation, the lab work and the timeline.
Independent testing. You have a right to a reasonable opportunity to have a person of your own choosing administer a test. If you asked for one and were denied or ignored, that matters. MCL 257.625a(6).
Ways OWI cases resolve
Some cases end in dismissal because the stop, arrest or testing will not hold up. Some are resolved by a plea to a lesser offense such as OWVI, which carries lighter penalties, fewer points and a shorter suspension. Some go to a jury. I will tell you plainly which road I think your case is on, and the decision to plead or try the case is yours.
A few Michigan-specific points are worth knowing:
- Where a court offers a specialty court program, such as a sobriety or drug court, participation can affect whether a mandatory jail term is suspended. MCL 257.625(9)(d).
- Michigan’s youthful trainee statute excludes traffic offenses, so OWI cannot be handled through it. MCL 762.11(3).
- Michigan’s set-aside law generally bars setting aside an OWI conviction, with a narrow exception for a first-violation conviction. That is a reason to take a first charge seriously. MCL 780.621c. My Grand Rapids expungement lawyer page explains how set-asides work for other convictions.
Where your Kent County OWI case will be heard
I represent clients charged in Grand Rapids, Kentwood, Grandville, Wyoming and across Kent County, so a Kent County OWI lawyer should know each of these courts. A misdemeanor OWI is heard in district court. In Grand Rapids that is the 61st District Court. Other Kent County communities are served by the 59th District Court in Walker and Grandville, the 62A court in Wyoming, the 62B court in Kentwood and the 63rd District Court, which covers Rockford, Lowell, Cedar Springs, East Grand Rapids and the surrounding townships. A felony OWI starts in district court with a probable cause hearing and, if the case is bound over, moves to the Kent County Circuit Court, the 17th Circuit.
Why people hire me as their Michigan OWI lawyer
You deal with the lawyer handling your case from the first call to the last day. I give you the strengths and weaknesses of the case straight, including what a conviction would mean for your job, your license and your family. I build the strongest case I can, and then we decide together how to proceed.
Fees depend on the charge, its complexity and whether the case is likely to go to trial. I explain my fee arrangement at the consultation, before you decide whether to hire me.
Questions I hear from people charged with OWI in Kent County
Should I hire a Michigan OWI lawyer for a first offense?
I think you should at least talk to one before your first court date. A first OWI is a misdemeanor with up to 93 days in jail, or up to 180 days at 0.17 or higher, and it also puts your license at risk through the Secretary of State, on a separate timeline. A lawyer can review the stop, the arrest and the testing and tell you where you stand.
What is the difference between OWI and OWVI in Michigan?
OWI is the more serious charge and OWVI is the lesser one. OWI requires proof of intoxication, a bodily alcohol content of 0.08 or more, or a listed drug. OWVI requires proof that your ability to drive was visibly impaired. OWVI carries a shorter suspension and fewer points, which is why it is a common goal in negotiation. I also wrote a short post on OWI versus DUI in Michigan.
Can I be charged with OWI for prescription medication?
Yes, if the medication impaired your driving. The statute covers a controlled substance or other intoxicating substance that leaves you under the influence. A prescription that is not a Schedule 1 substance or cocaine is not an offense by itself under the any-amount rule, so the question becomes whether it actually affected you.
Do I have to take the breath test?
You can refuse, but refusing has its own penalties. A refusal after a lawful arrest brings a one-year license suspension and six points, or two years for a second refusal within seven years. You have 14 days to request a hearing. A refusal does not make the case disappear, because the officer may seek a warrant for a blood draw. My post on whether you can refuse a breath test in Michigan covers the hearing in more detail.
How long do I have to request a hearing after a refusal?
You have 14 days from the date of the notice. If you do not ask, the Secretary of State imposes the suspension. The hearing is limited to four issues, including whether your refusal was reasonable. Do not wait to find a lawyer.
Will I lose my license after an OWI arrest?
If you refuse the chemical test, or the test shows an unlawful alcohol content or a drug, the officer takes your license at the arrest and, if you are otherwise eligible, gives you a temporary one. When the case is prosecuted, the temporary license lets you keep driving until the charges end or your license is suspended, restricted or revoked. A refusal also starts a suspension process of its own. After a conviction, a first offense brings a 180-day suspension with a restricted license available after the first 30 days. A conviction at 0.17 or higher brings a one-year suspension with a restricted license possible after 45 days and an ignition interlock. The exact outcome depends on your record.
Can I get a restricted license?
Often, yes, after the waiting period for your offense. A restricted license usually limits when and why you may drive. At 0.17 or higher it requires an ignition interlock device. For repeat offenders the picture changes, because revocation rather than suspension is possible.
What are the penalties for an OWI first offense in Michigan?
A first offense is a misdemeanor with up to 93 days in jail, a fine of $100 to $500, up to 360 hours of community service, and a 180-day suspension. At 0.17 or higher the jail ceiling is 180 days and the fine is $200 to $700. A judge may also impose probation, classes and testing. My post on what to expect after a first OWI arrest in Michigan walks through the first days.
When does OWI become a felony in Michigan?
OWI becomes a felony with a third offense, meaning after two or more prior convictions, no matter how long ago. It is also a felony when it causes death or a serious impairment of a body function, and it can be a felony when a child under 16 is in the car and there is a prior within seven years.
Does a prior OWI from another state count?
It can. The license statute counts convictions under substantially corresponding laws of other states and local ordinances, and the OWI statute has its own definition of a prior conviction. A prior must be proved at sentencing by specific records, so I check each one rather than accept the prosecutor’s list. I cover how priors are counted in my post on a second OWI offense in Michigan.
Can an OWI charge be dismissed?
Yes, in some cases. Dismissal comes from problems with the stop, the arrest, the proof of operating or the testing. Missing the 14-day, 35-day or 77-day deadlines in MCL 257.625b does not by itself get a case dismissed. I will tell you honestly whether I see a path to dismissal.
What happens if my breath test was 0.17 or higher?
You face a higher tier of penalties: up to 180 days in jail on a first offense, a fine of $200 to $700, a one-year suspension, and an ignition interlock on any restricted license. The test itself is still open to attack on the observation period, the instrument and the operator.
Can I be charged with OWI if I was sleeping in my car?
Possibly. Michigan defines operating to include being in actual physical control of a vehicle. Courts look at the facts, such as whether the engine was running, where the keys were and where the car was parked. A charge is not the same as a conviction, and these facts are often contested.
Can I drive for work while my OWI case is pending?
It depends on what has happened to your license. A pending criminal case does not by itself suspend you, but a refusal does start a suspension process. If you drive while your license is suspended or revoked you create a separate crime under MCL 257.904. Call me before you assume you may drive.
Related Michigan pages
For a wider look at charges in Kent County, see my Grand Rapids criminal defense lawyer page. For short answers on other Michigan legal questions, see the Michigan legal FAQs page, including its section on Michigan drunk driving laws. If a conviction needs to be challenged on appeal, see my Michigan appeals lawyer page. If police conduct during the stop or arrest is part of your story, see my Michigan civil rights attorney page. If you were hurt by a drunk driver, see my Grand Rapids personal injury lawyer page.
For short answers with the statutes behind them, see my Michigan OWI and drunk driving FAQs, including driving offenses, chemical tests, refusal and your license, and OWI penalties and repeat offenses.
Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan. Your Rights, My Fight!
Contact me 24/7 by text or WhatsApp at (616) 295-7414, a number for texts and WhatsApp that is separate from the office lines. Charged with OWI in Kent County? Call for a free initial consultation: (616) 213-3327 | MBisson@BissonLegal.com
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.