In Michigan, the legal term for drunk driving is OWI — Operating While Intoxicated. Many people use the term DUI, which simply means “driving under the influence,” but DUI is a generic term used in other states. In Michigan, OWI is the official charge.
“Drunk driving” is a broad phrase that can refer to several different offenses, including:
• OWI (Operating While Intoxicated)
• Impaired Driving
• Child Endangerment OWI
• OWI Causing Serious Injury
• Felony OWI (third offense)
• Super Drunk (.17 BAC or higher)
Each charge carries different penalties, but they all fall under Michigan’s drunk driving laws.
The Elements of an OWI Charge
To convict you of OWI, the State must prove both of the following:
1. You operated a motor vehicle.
2. Your blood alcohol content (BAC) was .08 or higher, or you were otherwise intoxicated.
If the State cannot prove both elements, you should not be convicted.
Penalties for OWI in Michigan
First Offense OWI
A first offense is a 93‑day misdemeanor. Many people assume a first offense is “no big deal,” but the long‑term consequences can be serious.
Second Offense OWI
A second offense within seven years is a one‑year misdemeanor with mandatory jail time and a mandatory driver’s license revocation. Some people never get their license back.
Third Offense OWI
A third offense in your lifetime is a felony, punishable by 1 to 5 years in prison. A felony OWI can change the course of your life forever.
Why First Offenses Must Be Taken Seriously
Many first‑offense cases are reduced to Impaired Driving, and some attorneys treat these cases as quick, easy pleas. They charge a low fee, meet you once, plead you out, and move on. I call this the “meet them, greet them, and plead them” approach.
That is not how these cases should be handled.
Even on a first offense, a full investigation should be done. Police make mistakes. Testing equipment malfunctions. Videos contradict reports. And the consequences of a conviction — even an impaired — can follow you for years.
The Stakes Increase With Every Offense
A second offense brings mandatory jail and license revocation. A third offense is a felony with mandatory jail and the real possibility that you may never legally drive again. These are life‑changing penalties.
Most people charged with OWI are not criminals. They are ordinary people who had a few drinks after work, got stopped, took a field sobriety test, and suddenly found themselves in handcuffs. It can happen to anyone.
There Are Always Defenses
Remember, in most OWI cases the only witness is the arresting officer — often just one officer. Their observations, their decisions, and their equipment can all be challenged. There are defenses, and a serious attorney will find them.
