What Are You Actually Charged With in Michigan?
Operating While Intoxicated is a crime, not a simple traffic ticket. A conviction stays on your record and can affect your job, your insurance, and your right to drive.
You can be charged if your blood alcohol content is 0.08 percent or higher, or if alcohol or drugs substantially affected your driving, under Michigan’s OWI statute, MCL 257.625. Even a first offense carries up to 93 days in jail, fines, and six points on your license.
A BAC of 0.17 percent or higher can mean an enhanced “High BAC” charge, sometimes called Super Drunk, with up to 180 days in jail and a longer license penalty. Learn how these are handled on our drunk driving defense, first offense OWI, and High BAC pages.
Which Court Will Handle Your OWI Case?
Your criminal case is heard in the district court for the city where the stop happened, and knowing the court helps you know what to expect. Local practice, prosecutors, and programs vary from one courthouse to the next.
If you were stopped in Taylor, your case goes to the 23rd District Court at 23365 Goddard Road, which handles Taylor misdemeanors and the early stages of felony cases. Across the Downriver area, an OWI is typically heard in that city’s district court, such as the 25th District Court in Lincoln Park, the 27th District Court in Wyandotte, or the 33rd District Court in Woodhaven.
A first or second OWI is a misdemeanor that stays in district court. A third OWI is a felony, which after a preliminary examination is sent to the county circuit court, the Wayne County Third Circuit in Detroit or the Oakland County Sixth Circuit in Pontiac. We explain that jump in First, Second, and Third OWI in Michigan: How Penalties Escalate.
What Are the Two Separate Cases You Now Face?
You are facing two separate processes at once, and each has its own clock. Missing the difference between them is one of the most common and costly mistakes.
The criminal case runs through the district court above and decides guilt, jail, fines, and probation. Your driving privileges are handled separately by the Michigan Secretary of State, an administrative process that does not wait for your court date.
That second track is where people lose their license without realizing it was even at stake.
How Do You Save Your License After a Test Refusal?
If you refused the official chemical test at the station, Michigan’s implied consent law triggers an automatic one-year license suspension and six points, entirely separate from the criminal case. But you can fight it, if you act in time.
You have 14 days from the date of arrest to request a hearing with the Secretary of State’s Administrative Hearings Section. Miss that window and the suspension takes effect automatically, with no late requests allowed.
At the hearing, the officer must prove four things: reasonable grounds for the stop, a proper arrest, that you were correctly advised of your chemical test rights, and that your refusal was unreasonable. If any piece fails, the suspension can be set aside. We break the process down in Can You Refuse a Breathalyzer in Michigan? and on our implied consent page.
What Happens to Your License on a First OWI?
Even if you did not refuse the test, a first OWI conviction still restricts your driving. For a standard first offense with a BAC of 0.08 to 0.16, the Secretary of State imposes a 30-day hard suspension with no driving at all, followed by 150 days of restricted driving.
A restricted license generally lets you drive for specific purposes, such as to and from work, school, court, probation, and treatment. A High BAC conviction carries a longer restriction and usually requires an ignition interlock device.
Getting back to full driving takes time and the required reinstatement steps, which our license restoration page walks through.
Arrested for OWI in Wayne or Oakland County? Tell William Hackett what happened and he will get back to you.
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Could Sobriety Court Be an Option?
For a repeat OWI, some Downriver courts offer a path that traditional sentencing does not. Several district courts, including the 33rd District Court in Woodhaven, operate a DWI or sobriety court focused on treatment and accountability rather than jail alone.
These programs are generally aimed at people facing a second or third offense, and eligibility usually requires prior OWI convictions, no history of violent crime, and residence in the area. In exchange for intensive supervision and testing, a participant may avoid the long license revocation a repeat conviction normally brings and keep a restricted license.
Sobriety court is not right for every case, and admission is not automatic. Whether it is worth pursuing is exactly the kind of decision to weigh with a lawyer who knows the local courts.
What Are the First Steps to Take After an OWI Arrest?
Move quickly and stay organized. These five steps protect your options:
- Write down what you remember. Where you were stopped, what the officer said, and which tests you were asked to perform.
- Gather your paperwork. Keep your citation, court-date notice, and any refusal form in one place.
- Note your deadlines. Mark your arraignment date and, if you refused the test, the 14-day implied consent window.
- Watch what you say. Avoid discussing your arrest on social media or with anyone but your attorney.
- Talk to a defense lawyer early. The sooner your case is reviewed, the more can be done with it.
What Mistakes Should You Avoid?
Do not assume a quick guilty plea is the fastest way to move on. An OWI conviction is permanent and follows you for years.
Do not drive on a suspended license. That is a separate crime that can make everything worse, and our license restoration page explains the path back to legal driving.
And do not ignore your court dates. Knowing whether you face a misdemeanor or a felony matters, as we explain in Misdemeanor vs. Felony in Michigan.
How Does an OWI Defense Take Shape?
A breath or blood test result is not automatically the end of your case. In the district courts across Wayne and Oakland County, a first-offense OWI is often where careful attention to the details of the stop and the testing does the most good.
A defense lawyer can examine several key points:
- Whether the traffic stop had a valid legal reason.
- Whether field sobriety tests were properly administered and scored.
- Whether the breath instrument was calibrated, maintained, and operated correctly.
- Whether your rights were respected during the arrest and any questioning.
Depending on the facts, options may include challenging the evidence, negotiating a reduced charge, or limiting the long-term impact on your record. Every case is different, and no lawyer can promise a specific result.
This article is general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your specific situation, speak with a licensed Michigan attorney.
