Michigan uses the term Operating While Intoxicated — OWI — for what most states call DUI. The distinction is more than semantic: Michigan law focuses on whether the person was operating the vehicle, not merely driving it, which means the charge can apply even when a vehicle is parked with the engine running. OWI charges range from misdemeanors for first offenses to serious felonies for repeat offenders and cases involving injury or death. Understanding exactly what charge is involved, what the evidence shows, and what defense options are available requires an attorney familiar with Michigan's OWI statutes and local court practices.
MARKOU MONTAGUE, PLC defends OWI and DUI charges in Kalamazoo and surrounding counties, challenging the prosecution's evidence at every stage — from the legality of the traffic stop to the accuracy of the chemical testing — and pursuing the most favorable outcome available given the specific facts of each case.
Michigan OWI Offense Levels and Penalties
Michigan OWI charge categories and their consequences:
• OWI — blood alcohol content of 0.08 or higher, or under the influence of drugs — misdemeanor for first offense, up to 93 days in jail, $500 fine, license suspension
• High BAC / Super Drunk — BAC of 0.17 or higher — enhanced misdemeanor, up to 180 days, $700 fine, one-year license suspension
• OWI with passenger under 16 — misdemeanor with mandatory 5-day minimum jail and enhanced fines
• Second OWI within seven years — misdemeanor with mandatory 5-day jail, up to one year, enhanced fines and license suspension
• Third OWI — felony, up to five years, mandatory 30-day minimum jail or 60 days community service
• OWI causing serious injury — felony, up to five years
• OWI causing death — felony, up to fifteen years
A DUI & OWI Defense Attorney Kalamazoo reviews every aspect of the case — the traffic stop, the field sobriety tests, the chemical testing procedure, and the chain of custody for any blood sample — to identify every ground on which the prosecution's evidence can be challenged.
Challenging the Traffic Stop
A police officer must have reasonable articulable suspicion of a traffic violation or criminal activity to conduct a traffic stop. Stops made without adequate legal justification violate the Fourth Amendment, and evidence obtained as a result — including observations of the driver, field sobriety test results, and breath or blood test results — may be suppressed. Dashcam footage, the officer's report, and the dispatcher's records are all relevant to evaluating whether the stop was constitutional.
Field Sobriety Tests: Reliability and Challenge
The three standardized field sobriety tests — the horizontal gaze nystagmus, the walk-and-turn, and the one-leg stand — are administered under specific protocols developed by the National Highway Traffic Safety Administration. Deviations from those protocols affect the reliability of the results and provide grounds for challenging the officer's observations. Non-standardized tests — asking the driver to recite the alphabet, count backward, or perform other tasks — have no established reliability standards and are particularly vulnerable to challenge.
Physical conditions — inner ear disorders, knee or back injuries, neurological conditions, and fatigue — can produce field sobriety test performance that mimics intoxication without any alcohol involvement. An attorney who identifies these alternative explanations and presents them effectively can undermine the officer's opinion that the driver was impaired.
Breathalyzer and Blood Test Challenges
Michigan uses the DataMaster DMT for evidentiary breath testing. The machine must be properly calibrated and maintained, the test must be administered by a trained operator following the prescribed procedure, and the results must be within the margin of error established for the device. Violations of any of these requirements provide grounds for challenging the admissibility or the weight of the breath test result.
Blood test results — increasingly common in Michigan OWI prosecutions — involve additional chain of custody considerations. The sample must be drawn by a qualified person, preserved with the proper anticoagulant, stored correctly, and tested by a certified laboratory using validated methodology. Each step in this process is subject to challenge, and a defense attorney who reviews the blood testing documentation thoroughly can identify irregularities that affect the reliability of the result.
License Consequences and How to Address Them
An OWI arrest triggers two separate proceedings affecting the driver's license: the criminal case and an administrative proceeding through the Secretary of State. Michigan's implied consent law means that refusing a chemical test results in automatic license sanctions — typically a one-year suspension for a first refusal — separate from and in addition to any criminal penalties. A restricted license allowing driving to and from work, medical appointments, and school may be available for first-offense OWI convictions, and an ignition interlock device requirement may be imposed as a condition of the restricted license.
An attorney who handles OWI cases in Kalamazoo understands the timing requirements for challenging license sanctions, the procedures for seeking restricted licenses, and the ignition interlock requirements that apply in different offense scenarios. Addressing the license consequences alongside the criminal defense ensures that the client's driving privileges are protected to the maximum extent the law allows.
