OWI Charges in Michigan: Penalties and Possible Defenses

Craig Fiederlein

In Michigan, drunk driving is called Operating While Intoxicated (OWI). Even a first offense carries penalties that can affect your license, your job, and your record. Understanding what you are facing is the first step toward protecting your future.

 

What Counts as OWI in Michigan

You can be charged with OWI if you drive with a blood alcohol content (BAC) of 0.08 or higher, or if alcohol or drugs substantially affect your ability to drive, regardless of your BAC. Commercial drivers face a lower 0.04 limit, and drivers under 21 can be charged with any measurable alcohol in their system.

 

Penalties for a First Offense

A first-offense OWI in Michigan can include:

  • Up to 93 days in jail
  • Fines and court costs
  • Up to 360 hours of community service
  • Six points on your driving record
  • A license suspension followed by a period of restricted driving

 

The “Super Drunk” Law

If your BAC is 0.17 or higher, Michigan’s High BAC law applies. Penalties increase to up to 180 days in jail, higher fines, and a one-year license suspension. You may be required to install an ignition interlock device to regain restricted driving privileges.

 

Repeat Offenses

A second OWI within seven years brings mandatory jail time and longer license sanctions. A third offense in your lifetime is a felony, with possible prison time and vehicle forfeiture.

 

Possible Defenses

Every case is different, but common defense strategies include:

  • Challenging the traffic stop. Police need a legal reason to pull you over.
  • Questioning field sobriety tests. Weather, footwear, medical conditions, and nerves can affect results.
  • Examining breath and blood test accuracy. Testing equipment must be properly maintained and operated.
  • Reviewing police procedure. Errors in how evidence was gathered can weaken the prosecution’s case.

 

Don’t Face an OWI Charge Alone

An OWI conviction can follow you for years, but a charge is not a conviction. A defense lawyer can review the evidence, negotiate with prosecutors, and fight for the best possible outcome.

If you’ve been charged with OWI in Flint or Genesee County, call CF Legal at 810-232-1112 or contact us online to schedule a consultation.

About The Author

Craig R. Fiederlein | Attorney

Smiling man in a blue suit and tie outdoors, with a blurred background.

Craig R. Fiederlein has spent more than three decades practicing law in Genesee County — long enough to know the courts, the process, and the people who matter inside them. He co-founded what was then Christensen & Fiederlein PC, building a firm that became one of the region's most recognized names in probate and estate law. His former law partner is now a sitting judge in Genesee County. That kind of history isn't a footnote — it reflects the depth of standing Craig and this firm have earned over a long career in this community.


Craig's practice centers on probate administration, estate planning, elder law, real estate, and business law. Whether a family is navigating a contested estate, an aging parent needs a Medicaid-compliant plan, or a property owner needs sound legal counsel on a transaction, Craig brings the kind of experience that only comes from doing this work, in this county, for a very long time.