After a first OWI arrest in Michigan, you face two separate cases: a misdemeanor in district court and a license case with the Secretary of State. A first offense carries up to 93 days in jail and a fine of $100 to $500, and the license consequences run on their own clock. Here is how it unfolds.
What happens the night of the arrest
Michigan treats anyone who drives on a public road or in a place open to the public as having agreed to chemical testing of blood, breath or urine once they are arrested for an OWI-type offense. MCL 257.625c(1). The test result, or your refusal to take the test, becomes part of both cases.
A refusal is not a free pass. If you refuse a chemical test after arrest, the Secretary of State will suspend your license for one year, or two years for a second refusal within seven years. If you want to fight that, you must request a hearing within 14 days after the date of the notice. MCL 257.625e(1); MCL 257.625f(1), (7). That hearing is narrow. It covers whether the officer had reasonable grounds, whether you were arrested, whether your refusal was reasonable, and whether you were told your rights. MCL 257.625f(4).
Two cases, two clocks
The criminal case moves through district court, from arraignment through pretrial hearings to a plea, a dismissal or a trial. The license case belongs to the Secretary of State. A conviction triggers a suspension on its own, and a refusal triggers one before any conviction. People lose track of the second case because nobody tells them it is separate. If you have a notice with a deadline on it, keep it where you can find it.
What a first offense can cost
Operating while intoxicated under MCL 257.625(1) is a misdemeanor for a first offense. The court can impose one or more of the following. MCL 257.625(9)(a).
- Jail: up to 93 days. For a reading of 0.17 or higher, up to 180 days.
- Fine: $100 to $500. For a reading of 0.17 or higher, $200 to $700.
- Community service: up to 360 hours.
- Other conditions: the court may order vehicle immobilization, may require an ignition interlock device as a condition of probation, and may order you to pay the costs of prosecution. MCL 257.625(9)(e), (24), (13).
The lesser charge, operating while visibly impaired, carries up to 93 days and a fine of up to $300. MCL 257.625(11)(a). That is one reason the difference between the two charges matters in negotiations.
What happens to your license after a conviction
- OWI at 0.08 or on the "under the influence" theory, no prior within 7 years: 180 days. A restricted license may be issued, but not during the first 30 days. MCL 257.319(8)(a).
- OWI at 0.17 or higher, no prior within 7 years: one year. A restricted license may be issued, but not during the first 45 days, and it comes with an ignition interlock requirement. MCL 257.319(8)(g), (h).
- Visibly impaired by alcohol, no prior within 7 years: 90 days. MCL 257.319(8)(b).
A restricted license is not a full license. It lets you drive for work, school, court-ordered treatment or probation, community service, certain medical care, and a few other listed purposes. MCL 257.319(16). You have to carry proof of where you are going. MCL 257.319(17).
Why a first OWI still matters later
A prior conviction raises the penalty for a new OWI that happens within seven years of it. A second OWI within seven years requires a fine of $200 to $1,000 plus 5 days to one year in jail, 30 to 90 days of community service, or both. A third conviction, no matter how many years separate them, is a felony. MCL 257.625(9)(b), (c). So the outcome of the first case shapes every case after it.
What I look at first
I start with why you were stopped, because an unlawful stop can undercut everything that came after it. Then I look at how the testing was done and whether the officer followed the required steps, including the advice about your rights under the implied consent law. I also look for facts that may support a lesser charge. I cannot tell you how your case will turn out, and no lawyer can honestly promise one. I can tell you where you stand and what the options are. More on how I handle these cases is on my Grand Rapids OWI lawyer page. OWI is one part of my criminal defense practice in Grand Rapids, and the OWI section of my Michigan legal FAQs gives short answers to common questions.
Questions about a first OWI in Michigan
Will I go to jail for a first OWI in Michigan?
It is possible. The statute allows up to 93 days for a first offense, and up to 180 days at a reading of 0.17 or higher. The court can also choose community service, a fine, or both. What happens in a given case depends on the facts, the record and the judge.
Can I get a restricted license after a first OWI?
Often yes. After a conviction for a first OWI at 0.08 or on the under-the-influence theory, the Secretary of State may issue a restricted license, though not during the first 30 days of the 180-day suspension. The restricted license covers specific purposes such as work, school and treatment.
What if I refused the breath or blood test?
A refusal leads to a one-year license suspension for a first refusal unless you win a hearing. You must request that hearing within 14 days after the date of the notice. The criminal charge is a separate matter and goes forward.
Is OWI the same as a DUI in Michigan?
People say DUI, but the Michigan statute calls the offense operating while intoxicated, or OWI. There is also a lesser offense, operating while visibly impaired. The names matter because the penalties and license consequences are different.
If you or someone you know was arrested for OWI in Kent County or anywhere in West Michigan, call my Grand Rapids office at (616) 213-3327 or use the contact page. This post is general information, not legal advice, and reading it does not make me your lawyer.