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.

Divorce in Michigan: What You Need to Know Before Filing

May 23, 2025
Divorce is never easy, but understanding how the process typically works in Michigan may help you make informed decisions from the start. Whether you're considering filing or just want to be prepared in case things move in that direction, this article outlines key information to understand about the divorce process in Michigan. Michigan Is a No-Fault Divorce State Michigan follows a no-fault divorce system. This means you generally do not have to prove that your spouse did anything wrong to file for divorce. The only legal reason typically required is that "there has been a breakdown of the marriage to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved." This allows for a more straightforward process, at least from a legal standpoint. However, while fault is not required to file, it may still be considered in some cases when dividing property or determining spousal support. Residency Requirements To file for divorce in Michigan, you or your spouse must meet certain residency requirements: One spouse must have lived in Michigan for at least 180 days before filing One spouse must have lived in the county where the case is filed for at least 10 days If both spouses have recently moved, it's important to verify whether you meet these timelines before starting the process. What Typically Happens When You File for Divorce The process generally begins when one spouse (the plaintiff) files a complaint for divorce in the county circuit court. This document typically outlines the reason for the divorce and requests certain outcomes, such as child custody, property division, and alimony. Once filed, the other spouse (the defendant) will usually be served with the complaint and has a limited time to respond—typically 21 days if served in person, or 28 days if served by mail. If the other party fails to respond, the court may proceed with a default judgment, potentially granting the filing spouse the terms requested in the complaint. Waiting Periods in Michigan Michigan law imposes mandatory waiting periods depending on whether children are involved: No children : 60-day waiting period Minor children involved : 180-day waiting period This means your divorce generally cannot be finalized until the appropriate time has passed, even if both spouses agree on all terms. Child Custody and Support Considerations If you have minor children, your divorce will typically include custody, parenting time, and child support determinations. Michigan courts use the best interest of the child standard when making custody decisions. Parents may be awarded joint legal custody (decision-making authority) or one may be awarded sole legal custody. Physical custody and parenting time schedules will also typically be outlined in the final judgment. Child support is generally calculated using a statewide formula that considers income, number of overnights, and other factors like childcare costs and insurance. The Michigan Child Support Formula is typically required, but in some cases, deviations may be allowed with proper justification. Property Division: Equitable Distribution Michigan is an equitable distribution state. This means marital property will typically be divided fairly, but not always equally. The court will generally examine: The length of the marriage Contributions by each spouse (including homemaking) Earning capacity and financial situation Age and health of each spouse Any fault that contributed to the breakdown of the marriage Marital property typically includes assets and debts acquired during the marriage, such as homes, vehicles, bank accounts, retirement accounts, and credit card debt. Separate property, such as an inheritance or pre-marital assets, may not be subject to division unless it was commingled or increased in value due to joint efforts. Alimony (Spousal Support) Considerations Alimony is not automatic in Michigan. The court will typically consider whether one spouse needs support and whether the other has the ability to pay. Factors may include: Length of the marriage The age and health of both parties Each spouse's income and earning potential Standard of living during the marriage Contributions to the marriage (including raising children) Fault or misconduct, if relevant There are different types of spousal support that may be considered: temporary (during the divorce), rehabilitative (to help one party become self-sufficient), or long-term (in certain cases). A skilled divorce attorney in Michigan may help evaluate these factors based on the unique circumstances of your case. Working with a Lawyer for Divorce While it is technically possible to represent yourself, working with a divorce attorney may provide significant advantages. Divorce involves important legal rights around custody, property, and finances. Mistakes made early in the process may be difficult or impossible to correct later. Working with a Michigan divorce attorney may help you: Avoid common legal pitfalls Understand your rights under Michigan law Properly value and evaluate marital property Ensure parenting time and support matters are handled appropriately Navigate alimony considerations At Coppins Law Group, PLLC, the firm assists clients in Mount Clemens and surrounding areas in navigating divorce proceedings. Mediation and Settlement Options Many divorce cases in Michigan are resolved outside of court through negotiation or mediation. This approach often leads to faster, less expensive, and less stressful outcomes. If the parties can agree on terms, they may draft a consent judgment of divorce that the judge will review and, if approved, finalize. Even if you're open to settling, having a divorce lawyer review any agreements before signing may be important to avoid potential long-term consequences. High-Conflict or Contested Divorce In some cases, parties cannot agree on major issues like custody, support, or property. This is called a contested divorce and may involve: Discovery (gathering financial and legal documents) Depositions Multiple court hearings A final trial While this can be a longer and more expensive process, it may be necessary when one side refuses to cooperate or when there are major disagreements about facts or fairness. Asset Discovery Considerations If you believe your spouse may be hiding income, business interests, or assets, an attorney may help with discovery tools to investigate. Courts typically take this seriously, and any party caught hiding property may face penalties and lose credibility with the judge. A skilled divorce attorney may be able to subpoena bank records, tax filings, and other documents to help uncover the full financial picture. Final Judgment and Aftermath Once all issues are resolved, the court will typically enter a final judgment of divorce, which outlines all custody, support, and property terms. This document is legally binding. If either party violates its terms, the other may seek enforcement through the court. Modifications may be possible later, but typically only if there is a significant change in circumstances. Understanding the Process Divorce can feel overwhelming, but understanding what to expect may make the process less intimidating. Michigan law has established procedures for how custody, property, and support are typically handled, but every case involves unique circumstances. If you're thinking about filing or need guidance during a divorce, the team at Coppins Law Group, PLLC is available to discuss your situation. The firm provides honest assessment, skilled representation, and advocacy for clients in Mount Clemens and across Michigan. Disclaimer : This article provides general information about Michigan divorce law and is not intended as legal advice. Every divorce case involves unique circumstances that require individual legal analysis. The information contained in this guide should not be used as a substitute for professional legal counsel. For advice specific to your situation, please consult with a qualified family law attorney.

Understanding How Child Custody Is Decided in Michigan

May 14, 2025
If you're going through a separation or divorce in Michigan and have children, custody decisions are likely one of your biggest concerns. Who will the child live with? How much time will each parent get? What rights do both parents have? These are questions that come up in nearly every case involving minor children.  This informational guide will walk you through how child custody is typically decided in Michigan so you can understand what to expect and how the process generally works. The Basics: Two Types of Custody Michigan law divides custody into two categories: Legal custody refers to the right to make major decisions about the child's life. This includes education, medical care, and religious upbringing. Physical custody refers to where the child lives on a daily basis and who is responsible for day-to-day care. Each type of custody can be awarded to one parent (sole custody) or shared between both parents (joint custody). Courts in Michigan often consider joint legal custody unless there are clear reasons that might make this arrangement unsuitable. Best Interest of the Child Standard The most important factor in any custody case is what the court calls the best interest of the child. Michigan courts follow 12 specific factors outlined in Michigan Compiled Laws Section 722.23 to evaluate what arrangement might support the child's welfare and development. These factors include: Factor A : The love, affection, and emotional ties between the child and each parent Factor B : The ability of each parent to provide the child with love, affection, guidance, and to continue education and religious upbringing Factor C : The capacity to provide the child with food, clothing, medical care, and other material needs Factor D : The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity Factor E : The permanence of the proposed custodial home as a family unit Factor F : The moral fitness of each parent Factor G : The mental and physical health of each parent Factor H : The child's home, school, and community record Factor I : The child's reasonable preference, if the court considers the child to be of sufficient age to express preference Factor J : The willingness and ability of each parent to facilitate and encourage a close relationship between the child and the other parent Factor K : Any history of domestic violence, regardless of whether it was directed at or witnessed by the child Factor L : Any other relevant factors specific to the particular custody dispute The judge examines all of these details and makes a decision based on what appears to serve the child's needs and welfare. How Courts Typically Approach Decisions There is no one-size-fits-all custody plan. Some families end up with equal parenting time, while others may have one parent with primary custody and the other with a scheduled parenting time arrangement. Courts will typically examine each parent's history of caregiving, living arrangements, job schedules, and communication abilities to determine what might work best for the child. Joint legal custody is commonly considered in Michigan cases. Joint physical custody may also be evaluated, particularly when both parents live reasonably close to each other and have demonstrated an ability to co-parent effectively. When Parents Agree If both parents agree on custody and parenting time, the court will usually approve the agreement unless it appears to go against the child's best interest. This approach may save time, stress, and legal expenses. Agreements are typically detailed and in writing, outlining where the child will live, a schedule for parenting time, and how decisions will be made about school, health care, and other major issues. When Parents Do Not Agree When parents disagree on custody, the case may go to mediation first. Mediation provides both sides an opportunity to reach an agreement with the help of a neutral third party. If mediation is unsuccessful, the court will schedule a hearing. Each side presents evidence and testimony, and the judge makes a decision. The court may also appoint a guardian ad litem or a custody evaluator to investigate and report on the child's best interests. Parenting Time in Michigan Michigan law encourages frequent and continuing contact with both parents when it appears to be in the child's best interest. Parenting time (sometimes called visitation) is usually part of every custody order. Standard parenting time arrangements may include: Alternating weekends Weekday evening visits Alternating holidays Extended summer breaks Courts may also order supervised parenting time in cases involving safety concerns. Can a Child Choose Which Parent to Live With? In Michigan, a child does not have the legal authority to choose which parent to live with. However, a judge may consider the child's preference depending on the child's age, maturity, and reasoning ability. The preference is just one of the 12 factors courts consider. The court will not typically base its decision on the child's choice alone. What Happens if a Parent Wants to Move? If a parent wants to move more than 100 miles away or out of state with the child, they must either get permission from the other parent or seek court approval. This is called a change of domicile. The court will typically consider: The reason for the move Whether the move will improve the quality of life for the child and the moving parent The impact on the child's relationship with the other parent Whether parenting time can still be preserved Relocation cases are often complex and generally require court approval, even if one parent has primary custody. Modifying a Custody Order Life changes. Job schedules shift, children grow, and new challenges arise. Either parent may ask the court to modify an existing custody or parenting time order, but they must typically show: A material change in circumstances has occurred The change affects the best interest of the child Examples might include a parent moving, changes in the child's academic or health needs, or concerns about safety. Working with a Family Law Attorney for Child Custody While it is possible to represent yourself, working with a family law attorney in Michigan may provide significant advantages. At Coppins Law Group, PLLC, the firm understands custody laws, knows how local courts approach these cases, and may help clients present their case clearly and effectively. An experienced child custody lawyer may: Prepare and file court documents correctly Represent clients in mediation or court hearings Help build a case focused on the child's best interest Advocate for fair and realistic parenting plans Understanding the Process Custody decisions have a long-term impact on your child's life and your rights as a parent. Understanding how child custody is typically decided in Michigan may help you make informed choices and avoid common pitfalls. If you're going through a custody case or have questions about parenting time, legal custody, or modifications, the attorneys at Coppins Law Group, PLLC, are available to discuss your situation. Contact them today to schedule a consultation. Disclaimer : This article provides general information about Michigan child custody law and is not intended as legal advice. Every custody case involves unique circumstances that require individual legal analysis. The information contained in this guide should not be used as a substitute for professional legal counsel. For advice specific to your situation, please consult with a qualified family law attorney.