Drunk Driving Offenses (OWI/DUI)
Michigan Drunk Driving (OWI/DUI) Defense
Charges involving Operating While Intoxicated (OWI) or Driving Under the Influence (DUI) are among the most common—and most aggressively prosecuted—criminal offenses in Michigan. Even a first offense can bring jail time, license sanctions, heavy fines, and long-term consequences for employment, insurance, and professional licensing. A strong legal defense is essential from the moment of arrest.
Below is an overview of the most common drunk and drugged driving charges in Michigan and how an experienced defense attorney can help protect your rights.
First Offense OWI
A first OWI is typically a misdemeanor but still carries serious penalties, including possible jail time, fines, license restrictions, and points on your driving record. These cases often hinge on the legality of the traffic stop, accuracy of chemical tests, and officer conduct.
Second Offense OWI
A second OWI within seven years results in mandatory license revocation, possible jail time, and longer-term consequences. Defense strategies often focus on challenging prior convictions, test reliability, and errors in police procedure.
Third Offense OWI (Felony)
A third drunk driving offense becomes a felony, bringing the possibility of prison, vehicle forfeiture, and lifetime impact. Felony OWI cases require aggressive negotiation, expert testimony, and careful analysis of traffic stop evidence and chemical testing.
Super Drunk (.17 BAC or Higher)
Michigan’s “Super Drunk” law imposes enhanced penalties for high BAC levels, including longer license suspensions and mandatory alcohol treatment. Breathalyzer accuracy and calibration issues are critical factors in defending these cases.
OWI Causing Injury
OWI causing serious injury is a felony offense that prosecutes both the alleged impairment and the resulting accident. These cases typically involve accident reconstruction, medical records, and analysis of whether impairment truly caused the injury.
OWI Causing Death
One of the most serious charges in Michigan, OWI causing death carries the potential for extensive prison time. A thorough investigation of accident causation, toxicology, and police protocol is essential.
OWVI (Operating While Visibly Impaired)
OWVI focuses on visible signs of impairment rather than BAC levels. This allows room for strong challenges to the officer’s observations, field sobriety test interpretation, and video evidence.
Zero Tolerance (Under 21)
Drivers under 21 face Zero Tolerance charges with severe license consequences even for minimal alcohol levels. Defenses often involve challenging the validity of the stop, breath test procedures, and whether alcohol was actually affecting driving ability.
Drugged Driving (OWPCS)
Operating With the Presence of Controlled Substances applies to both illegal drugs and certain prescription medications. Defense may involve disputing toxicology results, impairment levels, timing of ingestion, and medical defenses.
Breath Test Refusal
Refusing a breath test can lead to enhanced penalties, including automatic license sanctions. These cases require analysis of implied consent procedures, officer warnings, and whether the refusal was voluntary or the result of confusion or medical issues.
License Suspension / Revocation
OWI-related charges often lead to suspensions, restrictions, or full revocation of driving privileges. An attorney can help challenge the suspension, pursue restricted driving privileges, and guide clients through the license restoration process.
Field Sobriety Tests
Field sobriety tests are not always reliable indicators of impairment. Weather, medical issues, improper instruction, and officer bias can all compromise results. Video review and expert testimony are often key components of the defense.
Breathalyzer & Blood Tests
Chemical tests can be challenged based on machine calibration, improper administration, contaminated samples, or violations of testing protocols. A thorough review of the testing process is essential to weaken the prosecution’s case.
Defense Strategies
Common defense approaches include:
- Challenging the legality of the traffic stop
- Disputing field sobriety test reliability
- Contesting improper Breathalyzer or blood testing
- Identifying constitutional violations
- Presenting medical or environmental explanations
- Questioning officer credibility and procedure
- Negotiating reduced charges when necessary
Every OWI case is unique, and your defense should be tailored specifically to the facts.
Why Hire a Former Prosecutor
A former prosecutor understands how OWI cases are investigated, charged, negotiated, and tried. This insight allows for:
- Anticipating prosecution strategies
- Identifying weaknesses in evidence
- Leveraging experience with police procedures and chemical testing
- Building strong, proactive defenses from day one
With your freedom and license on the line, experience matters.
See What Our Clients Are Saying
Joshua A. Kaplan Criminal Defense Attorney provided prompt expert legal guidance throughout my case. His dedication to his clients and legal process unsurpassed. Joshua demonstrated a true personal interest in me and my situation . I would highly recommended him for your legal matter.
Richard S.
I tried to navigate the MI reinstatement process alone and failed. I live out of state and was lost, until I found Mr. Kaplan. He jumped in and helped me navigate the system. He never once made me feel like a criminal, or a bad person for the mistakes I’ve made. He listened, he supported, and he was professional the whole time. I wouldn’t have been able to do this without him. I went 15 years without a license and Josh helped change that for me. Highly recommend!
Amy G.
The best attorney I could have asked for. Josh is caring & knows how to make his clients feel represented. He is diligent and prompt & available when needed. I had another attorney before him that did not help me with my case & Josh really made sure I was taken care of. I highly recommend him to anyone who needs representation. Not only is he good at what he does, but he has a big heart and genuinely wants to help.
Alicia L.
What a True professional… You want Josh Kaplan leading your team!
His representation helped me through a difficult Court case and if i would’ve went with any other attorney I know 1000% it wouldn’t have been in my favor. He made me feel comfortable through the entire process. Josh truly has your back!
Thank you for your services Josh, you’re much appreciated Sir
Michael C.
Contact The Kaplan Law Firm Today To Find Out How We Can Assist You
Don't Face Criminal Charges Alone
"*" indicates required fields