(810) 374-0240
A first offense for Operating While Intoxicated (OWI) in Michigan is a serious criminal matter. In 2026, the Michigan Secretary of State continues to enforce strict administrative sanctions alongside criminal penalties, including a mandatory six-month license suspension for standard OWI convictions. While you may become eligible for a restricted license after the first 30 days, those charged with a High BAC (Blood Alcohol Concentration of .17 or higher)—often called “Super Drunk”—face significantly harsher consequences.
High BAC Penalties: If your BAC is .17 or higher, you face up to 180 days in jail and a one-year license suspension. You must serve a 45-day “hard” suspension (no driving) before becoming eligible for a restricted license, which requires the installation of a Breath Alcohol Ignition Interlock Device (BAIID).
It is important to note that Michigan has repealed the Driver Responsibility Fee program. You are no longer required to pay the $1,000 annual fees that were previously common. However, the costs of a conviction—including court fines, legal fees, and increased insurance premiums—remain substantial, making it critical to take strategic steps after an arrest.
What to Do After a First-Time OWI Arrest
If you’ve been charged with OWI for the first time, your immediate actions can dictate the outcome of your case. Key steps include:
- Demand an Independent Chemical Test: In Michigan, you have the right to demand your own independent chemical test in addition to the one administered by police.
- Analyze the Traffic Stop: Your attorney will review bodycam footage to determine if the officer had reasonable suspicion to pull you over. If the stop was unlawful, all subsequent evidence (including BAC results) may be suppressed.
- Review Testing Procedures: We examine whether the DataMaster breathalyzer was properly calibrated and if the operator followed the mandatory 15-minute observation period.
- Evaluate Plea Options: In many cases, it is possible to negotiate an OWI (.08+ BAC) down to an Operating While Visibly Impaired (OWVI) charge, which carries fewer points and less severe license restrictions.
Trial Strategy: Bench Trial vs. Jury Trial
A critical decision in your defense is whether to opt for a bench trial (decided by a judge) or a jury trial (decided by six members of the community). While bench trials are often faster, jury trials allow for a defense that highlights the human element and potential procedural errors to a group of your peers. Your attorney will help you choose the path that maximizes your chances of a “not guilty” verdict based on the specific evidence in your case.
Can a First OWI Conviction Be Expunged in Michigan?
Yes. Under Michigan’s “Clean Slate” laws, first-time OWI offenders are eligible to have their conviction expunged or “set aside.” This is a powerful tool for those whose lives are being hindered by a past mistake. However, this process is not automatic and requires a formal petition to the court.
To be eligible for expungement, you must wait five years from the date your probation or jail time ended. You are only eligible if you have a single OWI conviction on your record and if the offense did not involve a serious injury or death. While a successful expungement removes the offense from your public criminal record, it will still appear on your non-public driving record maintained by the Secretary of State.
Legal Help Is Available in Flint
Whether you are facing a new charge or looking to clear your record through expungement, the attorneys at Manley & Manley PLLC provide the aggressive representation needed to navigate Michigan’s complex OWI laws. We focus on protecting your license and your freedom.
Call our Flint office at (810) 374-0240 to schedule a confidential evaluation of your case.