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.

Will a DUI in Macomb County Affect My License, Job, or Insurance?

June 29, 2025
If you’ve recently been charged with a DUI or OWI in Macomb County or the surrounding Southeast Michigan area, you probably have a lot of questions. One of the first things many people ask is how the charge could affect their driver’s license, their job, or their insurance. Facing an OWI charge is stressful, especially if this is your first time dealing with the legal system. This post walks through some of the possible outcomes and important things to know based on how these cases are typically handled in the local courts. First, a Quick Look at the Terms In Michigan, the term OWI (Operating While Intoxicated) is used more often than DUI, though people tend to use them interchangeably. You may also hear the term OUID (Operating Under the Influence of Drugs), which covers driving while impaired by substances other than alcohol. Whether it’s alcohol, marijuana, or a controlled substance, OWI charges are taken seriously in Macomb County, and local courts move quickly through the process. What Can Happen to Your Driver’s License? License penalties are common after an OWI charge, even before your case is finalized. For example: Implied Consent Violations : If you refuse to take a chemical test after arrest, the Michigan Secretary of State may automatically suspend your license for one year. This is separate from your criminal case. First OWI Conviction : This can lead to up to a 6-month suspension. In some cases, you may be eligible for a restricted license after 30 days. High BAC (.17 or higher) : This can trigger longer suspensions and require the installation of an ignition interlock device if a restricted license is granted. The local courts in Mt. Clemens often follow these guidelines closely, and the Secretary of State processes license penalties independently of the judge’s ruling. It’s important to be aware of both parts of the system. Can a DUI Affect Your Job? It depends on the type of work you do. For some people, an OWI has little or no impact on employment. For others, it can be more serious. Jobs that involve: Driving a company vehicle Holding a commercial driver’s license (CDL) Security clearances State licenses or professional certifications …may be affected by a DUI conviction. Employers in these situations often require notification of criminal charges or conduct background checks as part of ongoing employment. This is especially true in regulated fields like healthcare, education, law enforcement, or government contracting. If your job is unrelated to driving or licensing, your employer might not take any action at all. However, if you have a company policy that requires reporting arrests or convictions, it’s important to be proactive and check what’s required. What About Your Insurance? In most cases, your auto insurance rates will go up after a DUI conviction. Some insurance companies may even choose not to renew your policy. This isn’t something that happens immediately, but once the conviction hits your driving record, insurers may re-evaluate your policy at renewal time. Drivers with an OWI on their record may need to obtain SR-22 insurance , which is a special certification that proves you’re carrying the required amount of liability coverage. Michigan doesn’t require SR-22 in every OWI case, but your insurance provider may. Will This Stay on Your Record? Michigan has recently made changes to its expungement laws. Some first-time OWI offenses may now be eligible for expungement, but only under specific conditions and after a waiting period. Expungement is not automatic and requires a formal process through the court. If you’re thinking about long-term consequences, especially for your driving and criminal record, it’s worth speaking with an attorney to see what your options are. How Macomb County Courts Typically Handle OWI Cases In Macomb County, OWI cases usually start in district court. For residents in Mt. Clemens, that typically means the 41-B District Court. Judges in this court have handled hundreds of these cases, and they are familiar with all the nuances involved. The court process often includes: An arraignment Pre-trial conferences Review of police reports, body cam footage, and breathalyzer or blood test results Possible plea negotiations A sentencing hearing if there is a conviction Every case is different. Some people are eligible for sobriety court programs or other alternatives, depending on the facts of the case and their criminal history. Steps to Take After Being Charged If you’ve been charged with OWI in or around Macomb County: Don’t delay. Court dates often come up quickly. Don’t try to navigate it alone. The consequences of a conviction can follow you for years. Write down everything you remember from the traffic stop and arrest while it’s fresh in your mind. Gather any documents you’ve received and keep them in one place. You don’t have to go through this process without support. Local attorneys who work in the district courts every week understand what to expect and how to guide you through the steps. Need Help Navigating an OWI Charge in Mt. Clemens? Our team at Coppins Law Group has worked with many individuals facing DUI or OWI charges in the Macomb County area. We understand the pressure this puts on your life, and we’re here to help you understand your rights and options at every step. Disclaimer : This blog post is for general informational purposes only and does not constitute legal advice. Every case is different, and results can vary depending on the facts and circumstances. For legal guidance specific to your situation, please contact Coppins Law Group directly.

How Child Custody Is Determined in Divorce Cases Around Mt. Clemens and Macomb County

June 18, 2025
If you’re going through a separation or divorce and you have children, it’s likely that child custody is one of your biggest concerns. In the Mt. Clemens and greater Macomb County area, custody decisions are handled by the local family court system. Understanding how judges in this region typically approach custody can help you better prepare for the process ahead. Every case is unique, but here’s what you should know if you're facing a custody matter in this part of Southeast Michigan. What Judges in Macomb County Family Court Look For Courts in Macomb County, just like others in the region, are guided by what’s called the best interest of the child . Judges look at a variety of factors to decide what kind of custody arrangement will support the child’s physical, emotional, and educational well-being. Some of the specific things they might consider include: The emotional ties between the child and each parent Each parent’s ability to provide a stable home The child’s age and needs Any history of abuse or neglect The mental and physical health of all parties involved The willingness of each parent to encourage a relationship between the child and the other parent These are just a few examples. Judges have broad discretion and will look closely at the full picture before making a decision. Types of Custody That May Be Awarded Local courts may award joint custody or sole custody , and they’ll often divide custody into two categories: Legal Custody : This determines who has the authority to make decisions about schooling, medical care, and other major life issues. It’s common for parents to share legal custody unless the court sees a specific reason not to. Physical Custody : This refers to where the child lives most of the time. Some families have a shared parenting time schedule, while others may have one parent with primary custody and the other with scheduled visitation. In Macomb County, parenting time orders are generally detailed. Judges want clear schedules that outline school days, weekends, holidays, and even pick-up and drop-off times to help avoid conflict. What You Should Bring to a Custody Hearing If you’re preparing for a custody hearing in Mt. Clemens or a nearby court, there are a few things that can help your case: A detailed parenting time proposal that shows you’ve thought about the child’s needs Proof of a stable home environment Information about your work schedule and availability Any documentation related to the child’s school or healthcare needs If you have concerns about the other parent, especially regarding safety, substance use, or unstable living conditions, bring documentation to support those concerns. Local judges expect facts and evidence, not just opinions. What to Avoid During the Process While emotions can run high, it’s important to stay focused on the child’s well-being. Avoid speaking negatively about the other parent in front of your children or online, and follow any temporary court orders to the letter. Also, be careful about informal agreements that aren’t court-approved. Even if both parents agree on something, it won’t be legally binding unless it’s documented and approved by the court. Why Local Representation Matters Every county handles custody cases a little differently. Local knowledge can be a major advantage. Attorneys who regularly appear before Macomb County family court judges understand how to present a case effectively, what kind of evidence judges expect, and how to navigate the system without unnecessary delays. At Coppins Law Group, we represent clients in Mt. Clemens and the surrounding areas every day. We’re familiar with the expectations of the local courts, and we focus on helping clients feel informed and supported through the process. If Custody Agreements Break Down If there’s already a custody agreement in place but one parent isn’t following it, you may need to file a motion for enforcement or ask the court to modify the order. This happens more often than many people expect, especially as life changes — jobs shift, children get older, and new partners or moves come into play. The family court will always return to the best interest of the child when reviewing modification requests, but they also look at how well each parent has honored the current agreement. Next Steps if You’re Facing a Custody Dispute in Macomb County If you’re dealing with child custody in or around Mt. Clemens, make sure you know your rights and have the support you need. Custody matters are deeply personal, and you shouldn’t have to navigate them alone. Whether you’re just beginning a divorce, responding to a custody motion, or thinking about modifying an existing arrangement, our office is available to discuss your situation and what steps make the most sense for your family. Disclaimer : This blog post is for general informational purposes only and does not constitute legal advice. Custody outcomes depend on the specific facts of each case, and results can vary. For personalized legal guidance, contact Coppins Law Group directly to schedule a consultation.