Flint DUI & OWI Defense Attorney — A Former Officer on Your Side

A breathalyzer reading is evidence. It is not a verdict. If you've been charged with OWI in Genesee County, you need an attorney who understands exactly how that evidence was gathered — and where it can be challenged.

Attorney Rick Hetherington spent years in law enforcement before becoming a defense attorney. He was trained on the same field sobriety tests and breath-testing equipment that officers use in traffic stops today. That background gives CF Legal a measurable advantage in OWI cases — not as a talking point, but as a practical tool for examining whether the stop, the tests, and the reading were conducted correctly.

Michigan OWI Law: What You're Actually Facing

Michigan law uses the term OWI — operating while intoxicated — rather than DUI, though both terms refer to the same offense. Understanding the charge against you is the first step toward building a defense.

 

A standard first-offense OWI in Michigan is a misdemeanor, but the consequences are serious: up to 93 days in jail, fines and court costs, license suspension, and a mandatory alcohol assessment. The severity increases sharply with prior convictions, a high BAC, or an accident involving injury. Genesee County OWI cases are typically heard in the 68th District Court in Flint or the 67th District Court, depending on where the arrest occurred.

Every OWI Charge Is Different — Here's What We Defend

A first OWI conviction in Michigan carries up to 93 days in jail, fines up to $500, 360 hours of community service, and a 30-day license suspension followed by 150 days of restricted driving. For many clients, the immediate concern is their license and their job. We evaluate every element of the stop and the prosecution's evidence before advising on how to proceed.

First Offense OWI (Misdemeanor)

A first OWI conviction in Michigan carries up to 93 days in jail, fines up to $500, 360 hours of community service, and a 30-day license suspension followed by 150 days of restricted driving. For many clients, the immediate concern is their license and their job. We evaluate every element of the stop and the prosecution's evidence before advising on how to proceed.

Repeat OWI — Second and Third Offense

A second OWI in Michigan is a misdemeanor with mandatory jail time and a one-year license revocation. A third offense is a felony. The stakes are higher the second time — and so is the value of having an attorney who knows how to examine the prior conviction, evaluate suppression issues, and pursue every available option before you consider a plea. We do not advise clients to plead before they understand the full picture.

Aggravated OWI Charges in Michigan

Transferring or hiding assets before filing, which can create legal issues.

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Super Drunk — High BAC (.17 or Above)

Michigan's "super drunk" law applies when a driver tests at a BAC of .17 or higher. Penalties are roughly double those of a standard first offense: up to 180 days in jail, fines up to $700, and a 45-day hard suspension followed by 320 days of restricted driving with an ignition interlock requirement. These cases carry more weight at sentencing — which makes the quality of your defense more important, not less.

OWI Causing Serious Injury or Death

When an OWI arrest involves an accident resulting in serious injury or death, the charge escalates to a felony under Michigan law. These cases are prosecuted aggressively and carry potential prison sentences. If you or a family member is facing this level of charge, early legal intervention matters. The investigation, witness accounts, accident reconstruction, and toxicology results all become critical.

Implied Consent and License Suspension

Michigan's implied consent law means that refusing a chemical test at the time of arrest carries automatic consequences: a one-year license suspension for a first refusal, two years for a subsequent refusal. These are civil penalties imposed by the Secretary of State — separate from any criminal charges. You have 14 days from the date of arrest to request a hearing to contest the suspension. That deadline matters.

OWI with a Minor Passenger

Driving while intoxicated with a passenger under age 16 in the vehicle is a separate criminal charge in Michigan, carrying enhanced penalties and the potential for child protective services involvement. This charge can be filed alongside the underlying OWI. If you're facing this situation, call us before speaking with anyone else.

CDL Holders and Commercial Drivers

A commercial driver's license holder convicted of OWI faces federal disqualification rules in addition to Michigan's penalties. A first offense can result in a one-year CDL disqualification — effectively ending a career. The BAC threshold for commercial drivers while operating a commercial vehicle is .04, half the standard limit. We understand what's at stake for professional drivers and approach these cases accordingly.

Challenging the Evidence Against You

The breathalyzer reading is often treated as the end of the case. It isn't. Breath-testing equipment requires regular calibration and maintenance, and the administering officer must be certified and follow a specific protocol. Rick Hetherington knows these procedures from his law enforcement training — and he knows what a deviation from proper procedure looks like. Field sobriety test administration is equally subject to challenge: improper instruction, poor lighting, uneven surfaces, and medical conditions can all affect performance and the officer's interpretation of results. We review every piece of evidence before advising on how to proceed.

Why Rick Hetherington's Background Matters in OWI Cases

Rick Hetherington came to criminal defense from law enforcement. Before practicing law, he worked as a police officer — which means he received the same training on traffic stop procedure, field sobriety test administration, and breath-testing equipment that the arresting officer in your case went through. He has seen how these stops are supposed to be conducted, and he recognizes when they weren't.

 

That experience translates directly into how we evaluate OWI cases. We don't simply look at the BAC number and advise a plea. We look at the reason for the stop, the sequence of the investigation, the officer's certification records, the equipment maintenance logs, and the conditions under which any tests were administered. Most defense attorneys learn about these procedures from legal training. Rick learned them in the field.

Serving Genesee County and Mid-Michigan

CF Legal represents OWI defendants throughout Genesee County and the surrounding region, including clients in Grand Blanc, Davison, Burton, Fenton, and Saginaw. Our primary office is located at 302 E. Court St. in Flint, with a satellite office in Grand Blanc for clients in the southern part of the county.

 

Genesee County OWI cases are heard in the 68th District Court or the 67th District Court depending on the location of the arrest. We appear regularly in both courts and know the local procedures, prosecutors, and judges. That familiarity is part of how we serve our clients effectively.

Local Court Familiarity

Legal outcomes can depend on local processes; working with someone familiar with Will County courts helps avoid unnecessary delays.

Frequently Asked Questions About OWI Defense in Michigan

  • What's the difference between DUI and OWI in Michigan?

    Michigan uses the term OWI — operating while intoxicated — as the formal legal charge for drunk driving. DUI is commonly used in everyday language and in search terms, but if you're charged in Michigan, the charge on your paperwork will say OWI. The two terms refer to the same category of offense.

  • Can I fight an OWI charge if I failed the breathalyzer?

    Yes. A breathalyzer result is a piece of evidence, not a final determination of guilt. The reading can be challenged based on the calibration and maintenance history of the device, the administering officer's certification, and whether proper protocol was followed during the test. Our attorney Rick Hetherington was trained on this equipment as a police officer and knows exactly what to look for.

  • What happens if I refused the breathalyzer at the time of my arrest?

    Refusing a chemical test triggers Michigan's implied consent law, which results in an automatic one-year license suspension for a first refusal. You have 14 days from the date of arrest to request a hearing with the Secretary of State to contest the suspension. Missing that deadline means the suspension takes effect automatically. Contact us as soon as possible if you refused testing.

  • Is a second OWI in Michigan a felony?

    A second OWI within seven years of a prior OWI conviction is a misdemeanor in Michigan, but it carries mandatory jail time and a one-year license revocation. A third OWI offense, or a second offense outside the seven-year window depending on circumstances, can be charged as a felony. The specific facts of your case and your prior record determine how the charge is structured.

  • What is Michigan's sobriety court program and do I qualify?

    Michigan's sobriety court is a judicially supervised alternative to traditional OWI prosecution. Eligible participants complete substance abuse treatment, submit to regular testing, and appear frequently before the court. Successful completion can result in reduced charges. Eligibility depends on the nature of the current charge, prior record, and the specific court's program criteria. We can evaluate whether sobriety court is a viable option in your case.