Understanding Michigan's OWI Laws: What You Need to Know Before Spring Break

February 21, 2025

Understanding Michigan's OWI Laws: What You Need to Know Before Spring Break


Spring break is right around the corner, and for many college students and vacationers, that means road trips, parties, and nights out. While having fun is the goal, it’s essential to stay informed about Michigan’s Operating While Intoxicated (OWI) laws to avoid legal trouble that could impact your future. Michigan has strict laws regarding drunk and drugged driving, and an OWI charge can have serious legal and financial consequences.

In this guide, we’ll break down Michigan’s OWI laws, blood alcohol content (BAC) limits, potential penalties, and ways to avoid impaired driving charges. Whether you’re a Michigan resident or just visiting, knowing the law can help you make safe and informed choices this spring break.


What Is an OWI in Michigan?

In Michigan, Operating While Intoxicated (OWI) is the legal term for what most states call DUI (Driving Under the Influence) or DWI (Driving While Intoxicated). The law prohibits drivers from operating a vehicle while impaired by alcohol, drugs, or both.

You can be charged with OWI if:


  • Your BAC is 0.08% or higher (0.02% for drivers under 21).
  • You show visible signs of impairment, regardless of BAC.
  • You have any amount of a Schedule 1 drug in your system (such as cocaine, heroin, or methamphetamine), even if you appear sober.


Michigan also has a High BAC offense, commonly known as the Super Drunk Law, which applies if your BAC is 0.17% or higher. This comes with harsher penalties.


Understanding BAC Limits and Michigan’s Zero Tolerance Law

Michigan enforces strict BAC limits based on age and circumstances:


  • 21 and Older: 0.08% BAC is the legal limit.
  • Under 21: 0.02% BAC (Michigan has a Zero Tolerance Law for underage drinking and driving, meaning even a small amount of alcohol can lead to a charge.)
  • Commercial Drivers: 0.04% BAC.


Even if your BAC is below 0.08%, you can still be charged with Operating While Visibly Impaired (OWVI) if the officer believes alcohol or drugs negatively impacted your driving ability.


Penalties for an OWI in Michigan

Michigan has strict penalties for OWI offenses, even for first-time offenders. The severity of the punishment depends on factors like BAC level, prior offenses, and whether there was an accident.


First-Time OWI Offense

A first OWI conviction is considered a misdemeanor. The penalties include up to 93 days in jail, fines ranging from $100 to $500, and a license suspension of up to 180 days. Additional penalties may include installing an ignition interlock device (IID), which requires the driver to pass a breathalyzer test before starting the vehicle. Offenders may also be required to complete up to 360 hours of community service. Furthermore, a first-time conviction results in six points added to the driving record, which can increase insurance rates significantly.


Second OWI Offense (Within 7 Years)

A second OWI within seven years is also classified as a misdemeanor but carries harsher penalties. A convicted individual faces a minimum of five days and up to one year in jail, fines ranging from $200 to $1,000, and mandatory license revocation for at least one year. Additionally, the court may order vehicle immobilization or forfeiture, meaning the car could be confiscated. Community service requirements can reach up to 90 days, and installing an IID is mandatory. The conviction also results in six points added to the driver’s record, impacting insurance rates and employment opportunities.


Third OWI Offense (Felony Charge)

A third OWI offense is classified as a felony, leading to significant legal consequences. A conviction results in one to five years of prison time, fines between $500 and $5,000, and a minimum of five years of license revocation. Courts may also impose vehicle immobilization or forfeiture, making it impossible for offenders to legally drive for a long period. Additional penalties include up to 180 days of community service and a permanent felony record, which can severely impact future employment, housing, and financial stability. Six points are added to the driving record, further complicating matters for offenders.


High BAC (“Super Drunk” OWI) Offense

Michigan has enhanced penalties for drivers with a BAC of 0.17% or higher, commonly referred to as the Super Drunk Law. A first-time offender faces up to 180 days in jail, fines ranging from $200 to $700, and a one-year license suspension. Installing an IID is mandatory once driving privileges are restored. Offenders must also complete up to 360 hours of community service. These heightened penalties are designed to deter excessive drinking and driving, emphasizing the dangers of high-level impairment.


Additional Consequences

Beyond the legal penalties, an OWI conviction carries severe long-term consequences that extend into personal and professional life:


  • Higher insurance rates: Auto insurance premiums typically skyrocket after an OWI conviction, often doubling or tripling.
  • Job loss or difficulty finding employment: Many employers conduct background checks, and a criminal record can limit job opportunities.
  • Travel restrictions to certain countries: Some countries, including Canada, have strict entry policies for individuals with OWI convictions.
  • Permanent criminal record (for felony offenses): A felony OWI conviction can limit voting rights, gun ownership, and housing opportunities.


Can You Refuse a Breathalyzer Test in Michigan?

Michigan follows implied consent laws, meaning if you refuse a breathalyzer test when pulled over for suspected OWI, you will face automatic penalties, including:


  • First refusal: One-year driver’s license suspension
  • Second refusal (within 7 years): Two-year license suspension
  • Six points added to your driving record


While you can refuse a preliminary roadside breath test (PBT), refusing a chemical test after arrest results in these penalties. Additionally, law enforcement can obtain a warrant for a blood test.


How to Avoid an OWI Charge During Spring Break

Spring break is a time for fun, but safety should always come first. Here are some ways to avoid an OWI charge:


  • Use a Designated Driver – If you plan on drinking, make sure someone in your group stays sober and drives.
  • Take an Uber, Lyft, or Taxi – Rideshare services are a safer and cheaper alternative to an OWI charge.
  • Stay Overnight – If you’re drinking at a friend’s house, plan to stay overnight rather than risk driving home.
  • Know Your Limits – Even if you think you’re under the limit, alcohol affects everyone differently. If you feel impaired, don’t drive.
  • Avoid Peer Pressure – Don’t let friends pressure you into driving if you’ve been drinking.
  • Be Aware of Medication Interactions – Some prescription medications can amplify impairment when mixed with alcohol.
  • Plan Ahead – Before heading out, figure out your transportation plan so you don’t have to make last-minute, risky decisions.


Final Thoughts: Stay Safe and Informed This Spring Break

Michigan takes OWI offenses seriously, and the consequences can be life-changing. Understanding the laws, BAC limits, and potential penalties can help you make better decisions this spring break and beyond. The best way to avoid an OWI charge is simple: don’t drive impaired. Plan ahead, use a designated driver, and always have a backup transportation option.


Need Legal Help? If you’ve been charged with an OWI in Michigan, Coppins Law Group, PLLC can help. Contact us for a free consultation to discuss your case and explore your legal options.


This blog is for informational purposes only and does not constitute legal advice. For specific legal concerns, please consult with a licensed attorney.

March 25, 2025
Legal Support You Can Count On Across Macomb County When life takes an unexpected turn and legal help becomes necessary, you want more than just an attorney — you want someone who listens, fights for you, and truly understands the community you live in. At Coppins Law Group, PLLC, that’s exactly what we provide: reliable, compassionate legal representation for individuals and families throughout Macomb County and the surrounding areas. We don’t just show up in court. We show up for you. Here’s a breakdown of the services we offer, along with the communities we proudly serve. Criminal Defense That Puts You First Facing a criminal charge can feel like the world is against you. But it doesn’t have to be. At Coppins Law Group, we protect your rights, your record, and your future by offering smart, experienced legal defense for a variety of criminal cases. We handle cases such as: Assault and battery Drug charges Weapons offenses White-collar crimes like fraud or embezzlement Internet sex crimes Misdemeanors and felonies Probation violations Expungement petitions We know how prosecutors think, and we’re ready to challenge evidence, question procedures, and fight for a fair outcome — whether that means dismissal, reduction of charges, or winning at trial. OWI/DUI Defense You Can Trust An Operating While Intoxicated (OWI) or Driving Under the Influence (DUI) charge can impact your license, your job, and even your freedom. Many people don’t realize how serious these charges are until it’s too late — but with the right attorney, there’s a path forward. Whether it’s your first offense or you’ve been through the process before, we know how to: Challenge traffic stops and field sobriety tests Investigate breathalyzer and blood test accuracy Represent you at license hearings Negotiate alternative sentencing Limit long-term consequences Don’t wait until your court date is around the corner — getting legal help early is the best way to protect your driving privileges and reputation. Family Law Representation with Respect and Compassion When it comes to family, legal issues can be emotional and complicated. Our role is to bring clarity, calm, and solutions that truly work for your family’s future. We take the time to understand what matters most to you and help you move forward with confidence. Our family law services include: Divorce Child custody and parenting time Child support Modifications to existing court orders Representation in domestic disputes Legal support for common-law marriage and property division You don’t have to go through this alone. We’ll help you protect what’s important and advocate for the outcome you deserve. Administrative Hearings and License Restoration Legal challenges don’t always start in a courtroom. If you’ve lost your driver’s license or are facing an administrative hearing that could impact your livelihood, we’re here to represent your interests and help you get your life back on track. We represent clients in: Driver’s license restoration hearings Unemployment benefit disputes Security clearance issues Probation-related administrative matters These hearings can have serious consequences, especially if handled without legal guidance. We prepare thoroughly and present a strong case on your behalf. Where We Serve: All Across Macomb County We’re proud to call Macomb County home, and we’ve built strong relationships throughout the area. If you live or work in any of the following communities, Coppins Law Group is here for you: Armada Center Line Chesterfield Clinton Township Eastpointe Fraser Harrison Township Macomb County Mount Clemens New Baltimore New Haven Romeo Roseville Shelby Charter Township St. Clair Shores Sterling Heights Utica Warren We know the local courts. We know the judges. We know the people — and we know how to get things done for our clients. Why Clients Choose Coppins Law Group When you work with us, you’ll always know where your case stands. You’ll work directly with your attorney, not get passed around a large firm. We explain things clearly, answer your questions quickly, and make sure you’re prepared for every step of the process. We believe that no one should feel lost or powerless in the legal system. Whether you're facing criminal charges, going through a family change, or trying to restore your license, we’re in your corner from start to finish. Take the First Step Today If you're dealing with a legal issue in Macomb County, don't wait to get the help you need. The sooner we get involved, the more options we’ll have to protect your rights and secure the best outcome possible. At Coppins Law Group, we’re not just legal professionals — we’re advocates for the people who make this community strong. Reach out today and let us know how we can help.
March 17, 2025
Common Legal Terms You Should Know Before Going to Court Let’s face it — legal jargon can feel like a foreign language. If you’ve ever sat in a courtroom or spoken with a lawyer and thought, “What does that even mean?”, you’re not alone. Whether you're facing a criminal charge, involved in a family law case, or simply want to better understand how the legal system works, knowing some basic legal terms can help reduce stress and boost your confidence. At Coppins Law Group, we make it a priority to help our clients feel informed and empowered at every stage of their case. So, let’s break down some of the most commonly used legal terms and what they really mean — in plain English. Arraignment This is typically your first court appearance after being charged with a crime. During your arraignment, the judge will tell you what you’re being charged with, remind you of your rights, and ask you to enter a plea — usually “guilty,” “not guilty,” or “no contest.” It’s also when the court decides on your bond and whether you’ll remain in custody or be released. Appeal If you believe the court made a mistake in your case — whether it was during trial, sentencing, or even a legal ruling — you may have the right to appeal. An appeal asks a higher court to review the decision and potentially change the outcome. It's not a second trial, but a legal argument about what went wrong the first time. Affidavit An affidavit is a written statement of facts that a person swears is true. It’s signed under oath and often used as evidence in court when someone can’t appear in person. Bail and Bond Bail is the amount of money set by the court to make sure you come back for your future hearings. If you pay the full amount, that’s bail. If you use a bonding company to pay a portion of it, you’ve posted a bond. Either way, the goal is the same: you get released from jail while your case is pending. Bench Warrant If you miss a court date or fail to follow a judge’s order, the court may issue a bench warrant for your arrest. It allows law enforcement to take you into custody and bring you before the judge. Citation A citation is another word for a ticket. It’s a written notice from law enforcement that you've allegedly broken a law — like a traffic offense — and that you're expected to appear in court or pay a fine. Civil Infraction A civil infraction is a non-criminal offense, like speeding or a parking violation. It usually results in a fine but won’t go on your criminal record or lead to jail time. Complainant This is the person who initiates the legal action or complaint — in criminal cases, this is typically the victim or the one who reported the alleged crime. Defendant The defendant is the person who has been accused of a crime or named in a legal proceeding. If you’re facing charges, you're the defendant. Convict To convict someone means they have been found guilty of the charge(s) against them, either by pleading guilty or being found guilty at trial. Controlled Substances Act This refers to the body of laws that regulate the possession, use, and distribution of drugs. In Michigan, this includes everything from marijuana to prescription pills and more serious substances. Contempt of Court If someone disobeys a judge's order, causes disruptions, or refuses to cooperate with the court, they can be held in contempt. This can result in fines or jail time — it’s essentially a punishment for disrespecting the legal process. Cobbs Plea This is a Michigan-specific plea deal where the judge agrees to a sentence range before the defendant officially pleads guilty. If the judge later decides to impose a harsher sentence, the defendant can withdraw the plea. It gives defendants some protection and predictability when accepting a deal. Deferred Judgment of Guilt In some cases, the court may delay entering a judgment of guilt. Instead, the person is given conditions to meet — like probation, treatment, or community service. If completed successfully, the case might be dismissed, and the conviction won’t go on their record. Adjournment An adjournment simply means the court date has been pushed back. It could be for any number of reasons — the judge’s schedule, more time needed to prepare the case, or at the request of one of the parties. Bind Over This term comes up during a preliminary exam in felony cases. If the judge decides there's enough evidence, they’ll “bind over” the case to the circuit court for trial. It’s a signal that the case is moving forward in the legal process. Circuit Court Misdemeanor While most misdemeanors are handled in district court, some that carry more than a year of jail time can go to circuit court. These are more serious misdemeanors and are treated similarly to felonies in terms of process. Community Supervision or Probation Instead of sending someone to jail, the court may place them on probation. This means the person must follow certain conditions like drug testing, curfews, or counseling. If they violate those terms, they could be sent to jail. Probation Order Amendments Sometimes, the terms of probation need to be updated. That could mean adding a treatment program, allowing someone to move, or changing reporting requirements. These amendments must be approved by the court. Client Information Release Authorization If you’re working with a counselor or social worker while on probation, you may be asked to sign this form. It gives permission for your probation officer to speak with your treatment provider — to make sure you're staying on track. Criminal Tracking Number (CTN) Every criminal case in Michigan is assigned a CTN — a unique number that helps track the case throughout the system. It’s like your case’s fingerprint. Computerized Criminal History (CCH) This is a statewide system that stores criminal history records. Law enforcement and courts use it to see prior offenses, probation status, and other relevant history. Crime Victim’s Rights Act This Michigan law ensures that victims of crimes have a voice. It gives them the right to be informed, present, and heard during key parts of the criminal justice process, like sentencing or parole hearings. Contested vs. Uncontested Hearings In a contested hearing, the two sides disagree and present arguments to a judge. In an uncontested hearing, they’ve reached an agreement or the issue isn’t being challenged. Disposition This term refers to how the case ends — whether through dismissal, guilty plea, not guilty verdict, or other resolution. Expungement If you’ve completed your sentence and meet certain eligibility requirements, you may be able to get your criminal record wiped clean. This is called expungement, and it can help with finding work or housing in the future. Final Thoughts Understanding legal terms is an important part of feeling in control during what may be a stressful time. The court process can be confusing, but it doesn't have to be. At Coppins Law Group, we believe that clear communication is key. That’s why we take the time to explain every part of your case in straightforward terms — and why we offer resources like this to help you feel prepared and informed.  If you're facing a legal situation and unsure what something means, don’t hesitate to ask. There's no such thing as a silly question when your freedom, record, or family is on the line. We’re here to help you make sense of it all — and fight for the best possible outcome.