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Younger people are statistically more likely than older adults to be involved in impaired driving accidents or be arrested for operating while intoxicated (OWI). In fact, drivers between the ages of 21 and 24 make up the largest demographic group involved in impaired driving crashes. Roughly one in three fatal drunk driving accidents involve a driver from this age group with a blood alcohol concentration (BAC) above .08, and 23% of alcohol-related accidents involve someone in this age range.
Not only are younger adults more likely to consume alcohol or cannabis before getting behind the wheel, but they are also more likely to believe they can do so without consequence. This sense of invincibility — combined with still-developing decision-making skills — leads to riskier behaviors and greater vulnerability to legal consequences.
The Consequences for Young Drivers Are Especially Severe
Young drivers often face harsher long-term repercussions from an OWI conviction than older adults. A criminal record can impact college admissions, result in disciplinary action from educational institutions, and disqualify applicants from graduate programs or scholarships. Many employers also conduct background checks, and a conviction may close the door on certain career paths.
In addition to potential jail time and license suspension, the financial burden of an OWI conviction can be overwhelming — especially for younger individuals just starting their careers. Expenses may include fines, court fees, higher insurance premiums, mandatory alcohol education programs, and the cost of reinstating a suspended license. These costs can lead to long-term financial hardship.
Michigan’s Implied Consent Law: What It Means for Drivers
Michigan has an implied consent law, which means that by operating a vehicle, you automatically agree to chemical testing (like a breath or blood test) if you’re suspected of driving while intoxicated. Refusing this test has serious consequences:
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First refusal: Six points added to your driving record and a one-year license suspension.
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Second refusal within seven years: Another six points and a two-year suspension.
These administrative penalties apply separately from any criminal charges for OWI. Importantly, a refusal can also be used against you in court to suggest you were impaired.
Defending Against a DUI or Chemical Test Refusal
To fight back, it’s crucial to mount a strong legal defense — especially if you’ve refused chemical testing. You only have 14 days from the date of your arrest to request a hearing with the Administrative Hearings Section to appeal your license suspension. An experienced Michigan OWI attorney can represent you at this hearing and raise critical arguments, such as:
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The officer lacked probable cause to stop your vehicle.
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The request for a chemical test was made without reasonable suspicion of impairment.
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Your Fourth Amendment rights were violated during the traffic stop or search.
Even if administrative consequences are upheld, you still have a chance to contest the criminal charges in court.
Strategies to Challenge OWI Charges
A strong OWI defense can involve multiple tactics:
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Challenging the legality of the traffic stop: If the stop was made without probable cause, all evidence gathered during the stop may be inadmissible.
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Disputing field sobriety tests (FSTs): These tests can be unreliable and influenced by health conditions, weather, or nerves. If the officer did not follow proper procedures, their conclusions can be challenged.
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Questioning BAC test results: Breathalyzer machines must be properly calibrated and operated by certified personnel. If not, the results may be excluded. The same applies to blood tests conducted under questionable circumstances.
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Identifying procedural errors: If your rights were violated — such as being interrogated without being read your Miranda rights — your case could be dismissed.
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Introducing alternative explanations: A skilled attorney can present legitimate reasons for behavior misinterpreted as intoxication, like avoiding an animal in the road or a medical condition mimicking impairment symptoms.
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Using dash-cam or body-cam footage: Video evidence can contradict the officer’s testimony and strengthen your case.
Negotiating a Plea Deal
In some cases, it may be wise to consider a plea deal — for example, reducing an OWI charge to reckless driving. While a plea can help avoid the harshest penalties, it’s essential to understand the long-term implications, including having a criminal record. Your attorney can help weigh the pros and cons and negotiate favorable terms.
Why You Need a Defense Attorney
Trying to navigate Michigan’s complex OWI laws without legal representation is risky. A defense attorney can help protect your rights, guide you through the appeals process, build a strong legal defense, and negotiate with prosecutors when appropriate. At Manley & Manley, we are dedicated to aggressively defending young drivers and others charged with OWI offenses. Contact our Flint office today at 810-374-0240 to learn how we can help.