DUI and OWI defense

Most people on this page are not asking about trial. They are asking whether they can drive to work on Monday. Start there.

Night traffic stop on a wet suburban Michigan road, nobody in frame

A drunk driving arrest in Michigan starts two cases. The criminal case, called OWI, gets a court date in the district court where you were stopped. If you refused the chemical test, a second case against your license starts the same night, and you have 14 days from the date on the officer's notice to request the hearing. MCL 257.625f(1). Miss that request and the suspension lands with no judge ruling on anything.

For a DUI or OWI matter, call 844-ASK-AZZO (844-275-2996). Do not put it in an email. Have the citation, the notice you were handed, and the date of the stop in front of you. The attorney on your file calls you back, usually the same day, and the first job is the closest deadline.

What is the difference between DUI and OWI in Michigan?

Nothing that helps you. DUI is what people say. OWI, operating while intoxicated, is what Michigan charges under MCL 257.625. The lesser charge, OWVI, is operating while visibly impaired, and it does not need a 0.08 reading. The officer only has to show that alcohol or drugs visibly affected your driving. Whatever the paperwork says, the two-case structure is the same.

Who we defend

Drivers stopped in Birmingham, Bloomfield Hills, Royal Oak, Troy, Pontiac, West Bloomfield, and the rest of Oakland County, whose cases land in the district court for the city or township where the stop happened. A first offense. A high BAC charge at 0.17. A driver under 21 charged at 0.02. A refusal with a hearing deadline nobody warned them about. Most of them have never been in a courtroom and want one honest answer: what am I actually facing.

Lawyers specialized in

DUI and OWI defense

Lauren Sitto Azzo

We will help you with:

Call 844-ASK-AZZO and skip the form

The license request goes out first, because it expires first

Fee quoted in writing before you decide anything

14 days

To request the implied consent hearing after a chemical test refusal, counted from the date of the notice and not from your court date. MCL 257.625f(1).

93 days

The most jail a court can order for a first OWI, a misdemeanor, alongside a $100 to $500 fine and up to 360 hours of community service. MCL 257.625(9)(a). Jail on a first offense is uncommon. The conviction is not.

0.17

The high BAC threshold, charged as a separate and more serious offense with up to 180 days in jail and a one-year license suspension. MCL 257.625(1)(c) and (9)(a).

A dark SUV pulled over at night on a tree-lined Oakland County road, a police cruiser's lights behind it

How this works

Is an OWI a felony in Michigan?

Not the first time, and usually not the second. A first OWI is a misdemeanor. A second offense within seven years is still a misdemeanor, with a fine of $200 to $1,000 plus one or both of 5 days to one year in jail and 30 to 90 days of community service. MCL 257.625(9)(b). The third OWI is a felony, with no time limit on how old the priors are, and it carries one to five years in prison or probation with 30 days to a year in jail. MCL 257.625(9)(c).

When a first offense becomes a felony

The charge jumps when someone was hurt. OWI causing serious impairment of a body function is a felony with up to five years. MCL 257.625(5)(a). OWI causing death is a felony with up to fifteen years. MCL 257.625(4)(a). A child under 16 in the car turns a first offense into a misdemeanor with up to a year in jail, and a repeat into a felony. MCL 257.625(7).

The license case runs on its own

None of the above decides what happens to your license. The Secretary of State handles the refusal case under MCL 257.625f, the district court handles the charge under MCL 257.625, and neither one waits for the other. Winning in court does not restore a license lost at the hearing. Losing the hearing proves nothing in court. Two records, two outcomes, one phone call to start both.

Deadlines

14 days from the date of the notice to request an implied consent hearing after a chemical test refusal. MCL 257.625f(1). This clock ends first and nobody is warned about it at the roadside.
Miss it and the suspension is automatic. One year, or two years for a second or subsequent refusal within seven years. MCL 257.625f(1)(a). No hearing, no finding, no court.
Six years for the prosecutor to bring most charges, running from the date of the offense. MCL 767.24(10).
Your arraignment date is set by the court. It has no bearing on the 14-day license clock, which is already running while you wait for it.

Request the implied consent hearing

MCL 257.625f(1), counted from the notice

14 days

Refusal suspension if the request is missed

MCL 257.625f(1)(a)

1 to 2 years

Prosecutor's window to bring most charges

MCL 767.24(10)

100

6 years

Working with us

A named attorney owns the file the whole way and calls you back, usually the same day.

That night

Keep every piece of paper.

You leave with a citation, a court date, and if you refused the test, a notice that starts the 14-day clock. Bring all three. Do not post about it. Do not call the officer or the court to explain.

The first 14 days

The license request goes out first.

Because it expires first. The hearing request under MCL 257.625f(1) gets filed while the court case is still weeks away.

Before arraignment

You hear what you are facing.

The charge, the tiers, the license outcome, and the fee, in writing, before you decide anything.

Arraignment

The charge is read.

A plea is entered and conditions of release are set. Nothing about the evidence is decided here.

Discovery

We read the proof line by line.

The police report, the dash and body camera footage, the test records, and the calibration history on the instrument. Most OWI cases are decided by what is in that file.

Pretrial, motions, resolution.

Was the stop lawful. Was the test done correctly. Does the evidence come in at all. Those motions decide whether the case ends by plea, dismissal, or trial, and what a plea looks like if there is one.

Fees

DUI and OWI defense is not contingency work. We quote a flat fee or an hourly rate, in writing, before we start, with the scope in the same document: what stage it covers, what it does not, and what happens if the matter goes to trial. Costs are separate from the fee and itemized. You know the number before you retain us, and if it changes, it changes in writing.

No lawyer can promise you an outcome in a criminal case, and one who does is telling you something they cannot know.

Questions

Questions people ask

Is it DUI or OWI in Michigan?

OWI. Michigan calls it operating while intoxicated, MCL 257.625. DUI and DWI mean the same thing in conversation, but the charge on your paperwork reads OWI. The lesser charge, OWVI, is operating while visibly impaired and does not require a 0.08 reading.

Is a first OWI a felony in Michigan?

No. A first OWI is a misdemeanor with up to 93 days in jail, a $100 to $500 fine, up to 360 hours of community service, a 30-day suspension followed by 150 days restricted, and six points. MCL 257.625(9)(a). It becomes a felony on the third offense, or on a first offense that caused serious injury or death. MCL 257.625(9)(c), (5)(a) and (4)(a).

What is Michigan's super drunk law?

The high BAC offense at MCL 257.625(1)(c), charged at 0.17 or above. A first offense carries up to 180 days in jail instead of 93, a fine of $200 to $700, a one-year license suspension with no driving for the first 45 days, and an ignition interlock on any restricted license after that.

How long do I have to request a hearing after refusing the breath test?

14 days from the date of the notice. MCL 257.625f(1). The clock starts at the notice, not at your arraignment, and the two dates are usually weeks apart. If the request does not go in, the Secretary of State imposes the suspension without a hearing.

Can I refuse the breathalyzer in Michigan?

There are two tests. Refusing the roadside preliminary breath test is a civil infraction with a fine. MCL 257.625a(2)(d). Refusing the chemical test at the station after a lawful arrest triggers the implied consent suspension, one year for a first refusal, two for a second within seven years. Refusing does not stop the case. Police can get a warrant for a blood draw.

Will I lose my license after a first OWI?

For a standard first OWI, the license is suspended for 30 days and then restricted for 150, so you can usually drive to work, school, and court after the first month. For a high BAC first offense, the suspension is a year, with no driving for the first 45 days and an interlock after that. A test refusal is a separate one-year suspension on top of whatever the court does.

Which court will my case be in?

The district court for the city or township where the stop happened. For most of our clients that is an Oakland County district court. The court is set by where the offense occurred, not by where you live.

This page explains Michigan law. It is not legal advice about your situation, and the statutes and figures on it change. Reading this page, calling the firm, or sending us information does not create an attorney-client relationship. That relationship starts only when you and the firm sign a written agreement.

For the firm's full terms, see our disclaimer.

Lauren Sitto Azzo leads Azzo Law from 33687 Woodward Ave in Birmingham, with a team behind the work. An OWI arrest is one of the few legal problems where the most expensive mistake happens in the first two weeks, before anyone has been to court. The hearing request is the thing that cannot wait.

Call 844-ASK-AZZO. Have the notice in front of you and we will start with the deadline that is closest.

Call 844-ASK-AZZO (844-275-2996)

DUI and OWI defense

What is the difference between DUI and OWI in Michigan?

Who we defend

Is an OWI a felony in Michigan?

When a first offense becomes a felony

The license case runs on its own

Deadlines

Working with us

Keep every piece of paper.

The license request goes out first.

You hear what you are facing.

The charge is read.

We read the proof line by line.

Pretrial, motions, resolution.

Fees

Questions people ask

Is it DUI or OWI in Michigan?

Is a first OWI a felony in Michigan?

What is Michigan's super drunk law?

How long do I have to request a hearing after refusing the breath test?

Can I refuse the breathalyzer in Michigan?

Will I lose my license after a first OWI?

Which court will my case be in?

Explore other services

Business disputes

Criminal defense

Property damage

Catastrophic injury

Tell us what happened

DUI and OWI defense

What is the difference between DUI and OWI in Michigan?

Who we defend

Is an OWI a felony in Michigan?

When a first offense becomes a felony

The license case runs on its own

Deadlines

Working with us

Keep every piece of paper.

The license request goes out first.

You hear what you are facing.

The charge is read.

We read the proof line by line.

Pretrial, motions, resolution.

Fees

Questions people ask

Is it DUI or OWI in Michigan?

Is a first OWI a felony in Michigan?

What is Michigan's super drunk law?

How long do I have to request a hearing after refusing the breath test?

Can I refuse the breathalyzer in Michigan?

Will I lose my license after a first OWI?

Which court will my case be in?

Where to go next

Explore other services

Business disputes

Criminal defense

Property damage

Catastrophic injury

Tell us what happened