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Michigan Drunk Driving Offenses

In Michigan there are a great number of specific offenses which can be charged when a person is arrested for Drunk Driving. I will work with you to inform you of the particular penalties in your case and a proper course of action. In some states, other abbreviations are used, like DWI, DUIL, DUI, and more. Michigan has two (2) names it uses, however, the abbreviations look the same: Operating While Intoxicated and Operating While Impaired. [Abbreviated OWI (Intoxicated) and OWI (Impaired).]

In general, all drinking and driving offenses are referred to as OWI offenses. These two (2) offenses which are most common in Michigan, as well as the related 2nd and 3rd offenses for each are:

  • Operating While Intoxicated - either by Liquor or Drugs, 1st Offense = Misdemeanor, 6 pts
    • Commonly abbreviated OWI (Intoxicated) or OWI (Drugs);
  • OWI (Intoxicated) - can be shown by having either an Unlawful Blood Alcohol or Breath Alcohol Level -or having mind-altering drugs in your system, 1st - Misdemeanor, 6 pts
    • Previously UBAL, UBAC or Per Se, but now combined into one offense, OWI, as noted above; and
  • Operating While Impaired, 1st Offense = Misdemeanor, 4 pts
    • Commonly abbreviated OWI (Impaired).
  • This is only a partial list. For a detailed listing of the penalties associated with these offenses, please refer to Penalties For Drunk Driving. While the offenses above are the most common ones, there are numerous other offenses which can be charged. Some of these are listed below:

Marine Safety - Operating Under The Influence

Misdemeanor

0 pts, possible license suspension

Person Under 21 Transport/Possess Alcohol

Misdemeanor

2 pts, license sanctions beginning w/ 2nd offense

Snowmobile - Operating Under Influence

Misdemeanor

6 pts, license sanctions

Operate CMV w/BAC .04 to .07

Misdemeanor

0 pts & license restrictions to both operator's license and CDL

Open Intoxicants in Vehicle

Misdemeanor

2 pts, license sanctions for 2nd offense or more

Open Intoxicants in Vehicle - Passenger

Same as above

Zero Tolerance (person Under 21 with any BAC)

Misdemeanor

4 pts, 1st offense 30 day restricted, 2nd offense, 90 day susp., can enhance OWI (either Intoxicated or Impaired)

The penalties and procedures you face, the range and limitations on any plea offer, and the impact on your license can vary depending on the facts in your case.