What Happens After an OWI Arrest in Michigan?
What Happens After an OWI Arrest in Michigan?
An arrest for operating while intoxicated (OWI) can leave you wondering what happens next and how the charge may affect your driver's license, record, and future. An arrest is not the same as a conviction, but an OWI charge can carry serious consequences in Michigan.
Knowing what to expect after an arrest can help you avoid unnecessary mistakes and prepare for the court process ahead.
What Is an OWI in Michigan?
Michigan law prohibits operating a vehicle while intoxicated by alcohol or certain drugs. For drivers age 21 and older, a blood alcohol concentration (BAC) of .08 or higher can support an OWI charge. Michigan also has enhanced consequences for a BAC of .17 or higher, commonly referred to as a high-BAC or "Super Drunk" offense. A person may also be arrested with a BAC below .08 when there is evidence that alcohol or another substance impaired their ability to operate the vehicle.
The circumstances surrounding the traffic stop, testing, arrest, and alleged impairment can all become important parts of an OWI case.
What Happens Immediately After an OWI Arrest?
After an OWI arrest, law enforcement may request a chemical test of your breath, blood, or urine.
Michigan has an implied-consent law. By operating a vehicle in places covered by the statute, drivers are considered to have consented to chemical testing under specified circumstances following an arrest for certain impaired-driving offenses.
The results of chemical testing may become important evidence in the criminal case.
What if You Refuse a Chemical Test?
Refusing a chemical test after an OWI arrest can create consequences separate from the criminal charge.
According to the Michigan State Police, a first qualifying refusal can result in a one-year driver's license suspension, while a second refusal within seven years can result in a two-year suspension.
It is important to distinguish a post-arrest chemical test from a preliminary breath test requested during a roadside investigation because different rules and consequences may apply.
What Happens at Your Arraignment?
An arraignment is an important early stage of the criminal case.
At arraignment, the court advises the accused of the nature of the charge and potential penalties. The court also advises an unrepresented defendant about important constitutional rights, including the right to remain silent and the right to an attorney.
The court may also address release and bond conditions. Depending on the circumstances, conditions imposed while the case is pending can affect driving, alcohol or drug use, testing, travel, and other activities.
Following all court orders is critical while an OWI case is pending.
What Evidence May Be Used in an OWI Case?
An OWI charge does not depend on only one piece of evidence.
Depending on the case, evidence may include:
- The reason for the initial traffic stop
- Officer observations
- Statements made by the driver
- Field sobriety test performance
- Preliminary breath test results
- Breath, blood, or urine test results
- Police reports
- Body-camera or dash-camera footage
- Witness statements
A defense attorney can review how evidence was obtained and whether law enforcement followed applicable constitutional and procedural requirements.
Can an OWI Affect Your Driver's License?
Yes. An OWI conviction can result in driver's license sanctions in addition to criminal penalties.
For example, Michigan reports that a first OWI offense involving a BAC below .17 can carry up to a 180-day license suspension and six points. A first high-BAC offense can result in a license suspension of up to one year, with restricted driving potentially available after 45 days when ignition-interlock requirements are satisfied.
The exact consequences depend on the offense, prior record, BAC level, and other circumstances.
What Are the Potential Penalties for a First OWI?
For a first offense involving a BAC below .17, Michigan lists potential consequences including:
- Up to 93 days in jail
- A fine of up to $500
- Up to 360 hours of community service
- Up to 180 days of driver's license suspension
- Six points on the driver's record
A first offense involving a BAC of .17 or higher can carry increased potential penalties, including up to 180 days in jail, a fine of up to $700, a longer license suspension, mandatory alcohol treatment, and ignition-interlock requirements for restricted driving.
Additional or more serious consequences can apply when aggravating circumstances are involved.
What Can Make an OWI Case More Serious?
Not every OWI case carries the same potential consequences.
Factors that can significantly affect a case may include:
- Prior impaired-driving convictions
- A high BAC
- An accident
- Serious bodily injury
- A death
- A child being present in the vehicle
- Allegations involving controlled substances
- Other criminal charges arising from the incident
Understanding exactly what has been charged is therefore essential before drawing conclusions about the possible outcome.
What Should You Avoid Doing After an OWI Arrest?
What you do after an arrest can matter.
Avoid discussing the details of your case publicly or posting about the incident on social media. Do not ignore court dates, bond conditions, testing requirements, or driver's license notices.
You should also avoid assuming that a breath or blood test automatically determines the outcome of the case. OWI cases can involve questions about the traffic stop, testing procedures, evidence, and whether the prosecution can prove every required element.
Can an OWI Charge Be Defended?
An OWI arrest does not automatically result in a conviction.
Potential issues in a case can depend on the facts and may involve the legality of the traffic stop, probable cause for arrest, statements made to police, chemical testing procedures, reliability of evidence, or other circumstances surrounding the investigation.
Every case is different, which is why the evidence should be carefully reviewed before determining what defense options may be available.
Why Courtroom Experience Matters in an OWI Case
An OWI case can move through multiple stages, from arraignment and pretrial proceedings to motions, negotiations, and potentially trial.
Having an attorney who understands not only Michigan criminal law but also how cases are evaluated and handled inside the courtroom can be valuable when facing a criminal charge.
Attorney Deborah Geraldine Bledsoe Ford served as a judge for 18 years and comes from a family of judges, bringing extensive courtroom perspective to the defense of people facing OWI and other criminal charges throughout Michigan.
How Can Attorney Deborah Geraldine Bledsoe Ford Help?
An OWI charge can affect your freedom, driving privileges, finances, and record. You do not have to navigate the criminal court process without understanding what comes next.
Attorney Deborah Geraldine Bledsoe Ford represents clients throughout the state of Michigan in OWI and criminal defense matters, including misdemeanor, assault, felony, and murder charges.
If you have been arrested for OWI, contact Attorney Deborah Geraldine Bledsoe Ford to discuss the circumstances of your arrest, the evidence against you, and your options for moving forward.
