Criminal Law FAQs – Operating While Intoxicated (DUI – OWI)

FAQ 1: What is the legal blood alcohol content (BAC) limit in Michigan?

Answer: In Michigan, the legal BAC limit for operating a vehicle is 0.08% for individuals 21 years of age or older. For those under 21, there is a “zero tolerance” law. (Reference: MCL 257.625)

FAQ 2: What are the potential penalties for a first-time OWI offense in Michigan?

Answer: A first-offense OWI in Michigan can result in fines (up to $500), community service (up to 360 hours), a suspended driver’s license (up to 180 days), and possible jail time (up to 93 days). (Reference: MCL 257.625(1)).

FAQ 3: Can I refuse a breathalyzer or blood test if I’m suspected of OWI in Michigan? What are the consequences?

Answer: Michigan has an implied consent law. By operating a vehicle on public roads, you’ve consented to chemical testing. Refusal can lead to an automatic suspension of your driver’s license for one year (first refusal) or two years (subsequent refusals), even if you are not convicted of OWI. (Reference: MCL 257.625a)

FAQ 4: What happens if my BAC is 0.17% or higher in Michigan?

Answer: If your BAC is 0.17% or higher, it’s considered “High BAC” or “Super Drunk.” Penalties are significantly enhanced, including increased fines (up to $700), longer license suspension (one year with a restricted license after 45 days), mandatory vehicle immobilization, and possible jail time (up to 180 days). (Reference: MCL 257.625(1)(c))

FAQ 5: Can I get my OWI charge dismissed in Michigan?

Answer: While a dismissal isn’t guaranteed, there are various legal strategies that can be explored, such as challenging the legality of the traffic stop, the accuracy of the testing equipment, or procedural errors. An experienced attorney can assess your case and advise you on potential defenses.

Facing an OWI charge in Michigan?

Facing an OWI charge in Michigan can have serious consequences affecting your driving privileges, finances, and even your freedom. It’s crucial to understand your rights and explore all available legal options.

Contacting an experienced criminal defense attorney as soon as possible is essential. At Komorn Law, our attorneys have a deep understanding of Michigan’s OWI laws (MCL 257.625 et seq.) and can provide you with a strong defense to protect your rights and future. Call 248-357-2550

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (248) 858-0344
• Address: 1200 N Telegraph Rd, Department 404, Pontiac, MI 48341-0404
• Website: Oakland County 6th Judicial Circuit Court

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (586) 469-5150
• Address: 40 N. Main Street, Mt. Clemens, MI 48043
• Website: Macomb County 16th Judicial Circuit Court

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

• Telephone Number (Civil/Family): (313) 224-5510
• Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
• Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
• Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
• Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (616) 632-5220
• Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
• Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

• Telephone Number: (231) 922-4701
• Address: 328 Washington Street, Suite 300, Traverse City, MI 49684
• Website: Traverse City 13h Circuit Court

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (734) 240-7020
• Address: 106 E First Street, Monroe, MI 48161
• Website: Monroe County 38th Circuit Court