OWI Lawyer in Michigan — Super Drunk & Felony OWI

In Michigan, drunk driving is called OWI: operating while intoxicated. Michigan also has a "super drunk" law for high BACs. This guide from an OWI lawyer in Michigan perspective explains the charges, the license consequences and recent changes that allow some first OWIs to be set aside.

A third OWI in Michigan is a felony no matter how long ago the earlier ones were. Therefore, every conviction matters. Consequently, early advice is valuable.

Our attorneys prepare OWI defense packs, implied consent hearing materials and mitigation for cases across Michigan.

Michigan OWI charges

Michigan's main law is MCL 257.625. OWI applies to a BAC of 0.08 or more, or being under the influence. A lesser charge, operating while visibly impaired, applies when ability is visibly impaired. In addition, a BAC of 0.17 or more is "super drunk", with heavier penalties.

Penalty ranges change and depend on the facts, so treat the figures here as a general guide and confirm them for your case.

First-offense penalties

A first OWI can bring fines, community service, possible jail and a license suspension with restrictions. Super drunk first offenses bring longer suspensions and possible ignition interlock and alcohol treatment.

Refusing a chemical test in Michigan brings a one-year license suspension for a first refusal. You can request an implied consent hearing with the Secretary of State, but the deadline is short, generally 14 days.

Our license hearing service prepares the request and arguments. Therefore, act quickly.

Third-offense felony OWI

A third OWI in Michigan is a felony, regardless of how long ago the first two occurred. As a result, an old conviction from decades ago still counts.

Felony OWI can bring prison, long license revocation and vehicle consequences. Our felony DUI consultation reviews your record. Furthermore, some counties offer sobriety courts that can lead to restricted driving with an interlock.

Setting aside a first OWI

Since 2021, Michigan has allowed many people to apply to set aside a first OWI conviction after a waiting period. This can remove it from public view.

However, not every OWI qualifies, and the conviction may still count for some purposes. Our expungement consultation explains eligibility.

Defenses in Michigan OWI cases

Every impaired-driving case has potential weak points. First, the traffic stop needs reasonable suspicion. Second, the arrest needs probable cause. Third, chemical tests must follow strict procedures.

For example, breath instruments must be properly maintained and calibrated, and operators must follow observation periods. Similarly, blood samples require proper collection, storage and chain of custody. Field sobriety tests can be affected by weather, footwear, injuries and medical conditions.

Visible impairment vs. OWI

Negotiations often focus on reducing OWI to operating while visibly impaired. Consequently, the strength of the test evidence shapes the outcome.

Video is often decisive. Dashcam, bodycam and booking footage may contradict the written report. Therefore, request it early. Our DUI Defense Pack reviews the stop, the tests and the procedures, starting at $199.

The true cost of an impaired-driving conviction in Michigan

Fines are only part of the cost. In addition, expect court costs, alcohol education or treatment, ignition interlock fees where required, and reinstatement fees. Moreover, insurance premiums usually rise sharply, and an SR-22 filing is often required.

There are hidden costs too. For example, a conviction can affect jobs that require driving, professional licenses and immigration status. Commercial drivers face strict rules: a 0.04 limit in commercial vehicles and, usually, at least a one-year CDL disqualification for an offense in any vehicle.

Consequently, a fixed-fee defense pack is a small investment compared with the long-term cost of a conviction. If a conviction is likely, our DUI Mitigation Packet and character letters services help the court see the full picture. Afterwards, our license reinstatement service explains the steps back to driving. For more, read our national guide to multiple-offense and felony DUI.

What to do in the first week after a Michigan OWI arrest

The first week matters most. First, write down everything you remember about the stop, the tests and the arrest, while it is fresh. Next, keep every piece of paperwork the officer gave you, especially any license notice.

Then act on the license deadline. In Michigan, that means you should request an implied consent hearing within 14 days if you refused. Missing it can cost your license automatically. Meanwhile, ask whether your county has a sobriety court program.

Finally, avoid discussing the case on social media or with anyone except your attorney. Consequently, you protect both your license and your defense from the start.

A typical Michigan OWI case timeline

Every case is different, but most follow a similar path. First, the arrest and license notice happen on the same day. Next, the license deadline runs in the first days or weeks.

After that, the criminal case begins in district court for most OWIs, and circuit court for felony OWI. Discovery, including test records and video, is requested. Then negotiations, motions or trial follow over several weeks or months.

Finally, the case ends in a dismissal, a reduced charge, a diversion outcome where available, a plea or a verdict. As a result, early organization shapes every later step.

Our DUI Defense services in Michigan

Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in Michigan. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.

DUI / DWI Defense Document Package in Michigan

For a first or repeat DUI, DWI or OWI charge: a full review of the stop, arrest and testing, discovery requests and a defense and plea strategy for your state.

It includes arrest timeline and police report review, stop, field sobriety and chemical test issue checklist, discovery requests (bodycam, dashcam, breath-machine calibration, blood chain of custody). Moreover, it is usually ready in 3 working days. Express delivery is also available. As a result, you can act before deadlines pass.

Order DUI / DWI Defense Document Package — from $199 See what's included →

DMV License Suspension Hearing — Request & Preparation in Michigan

The administrative hearing to save your license after a DUI arrest has a strict deadline (often 7–15 days). We prepare the request, subpoenas and hearing arguments.

It includes hearing request within your state deadline, stay of suspension / temporary permit request, subpoena requests for the arresting officer. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.

Order DMV License Suspension Hearing — Request & Preparation — from $99 See what's included →

DUI Sentencing Mitigation Packet in Michigan

Evidence that persuades a judge or prosecutor toward a reduced charge (e.g. wet reckless), diversion or minimum sentence.

It includes personal statement, character letter templates, proof of alcohol education / treatment / SCRAM compliance. Moreover, it is usually ready in 3 working days. Express delivery is also available. As a result, you can act before deadlines pass.

Order DUI Sentencing Mitigation Packet — from $149 See what's included →

License Reinstatement / Hardship (Restricted) License in Michigan

Apply for a hardship, occupational or restricted license, or reinstate your license after suspension, including SR-22 and ignition interlock requirements.

It includes eligibility and timeline for your state, hardship / occupational license petition, sR-22 and ignition interlock (IID) compliance checklist. Moreover, it is usually ready in 3 working days. Express delivery is also available. As a result, you can act before deadlines pass.

Order License Reinstatement / Hardship (Restricted) License — from $99 See what's included →

Felony DUI consultation in Michigan

A confidential 45–60 minute phone or video consultation with a licensed US attorney about a felony DUI charge. Get straight answers on your rights, options, risks and likely costs, and a clear plan for your next steps.

It includes 45–60 minute call with a licensed US attorney — phone, video or WhatsApp, upload documents beforehand so your attorney is prepared, your rights, options, risks and likely costs in plain English. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.

Order Felony DUI consultation — $399 See what's included →

DUI / DWI consultation in Michigan

A confidential 45–60 minute phone or video consultation with a licensed US attorney about a DUI / DWI charge and your license. Get straight answers on your rights, options, risks and likely costs, and a clear plan for your next steps.

Order DUI / DWI consultation — $299 See what's included →

Character Reference Letters for Court in Michigan

Effective letters from employers, family and community members for sentencing, bail or diversion.

It includes templates for each referee, do's and don'ts for judges, cover letter. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.

Order Character Reference Letters for Court — from $49 See what's included →

DUI Defense across Michigan — cities we serve

We work with clients in every part of Michigan, entirely online. Therefore, it does not matter whether you live downtown or hours from the nearest courthouse. Your documents follow Michigan law and your county's local practice. Choose your city below to see local details and prices.

More Michigan services

DMV License Suspension Hearing — Request & Preparation in Michigan · DUI Sentencing Mitigation Packet in Michigan · License Reinstatement / Hardship (Restricted) License in Michigan · Felony DUI consultation in Michigan · DUI / DWI consultation in Michigan · Character Reference Letters for Court in Michigan. See all legal services in Michigan.

Nearby states

Moving between states, or is the other party elsewhere? We also cover DUI / DWI Defense Document Package in Ohio, DUI / DWI Defense Document Package in Indiana, DUI / DWI Defense Document Package in Wisconsin, DUI / DWI Defense Document Package in Illinois. See every location we cover.

Frequently asked questions

What is the super drunk law in Michigan?

A higher-penalty OWI charge for a BAC of 0.17 or more.

Is a third OWI a felony in Michigan?

Yes, regardless of how long ago the earlier offenses occurred.

How long do I have to request an implied consent hearing in Michigan?

Generally 14 days after the refusal notice.

Can a first OWI be expunged in Michigan?

Since 2021, many first OWI convictions can be set aside after a waiting period, subject to eligibility rules.

Do you help with OWI cases across Michigan?

Yes. We prepare defense packs, hearing materials and mitigation for OWI cases in every Michigan county.

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Related guides

This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.