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Charged with a DUI or OWI in Metro Detroit? Below are straight answers to the questions we hear most from Michigan drivers. This is general information, not legal advice, and every case is different. For guidance on your specific situation, call Somberg Law at (248) 270-5979 for a free consultation.
Written and reviewed by Nicholas Somberg, founding attorney at Somberg Law, PLLC in Bingham Farms, Michigan. Licensed by the State Bar of Michigan. Last updated July 31, 2026.
Is it called DUI or OWI in Michigan?
In Michigan, the official charge is OWI, which stands for Operating While Intoxicated. Most people call it a DUI, and the terms are used interchangeably, but on court paperwork you will usually see OWI. Michigan also has a lesser related charge called OWVI, or Operating While Visibly Impaired.
What are the penalties for a first-offense OWI in Michigan?
A first-offense OWI is a misdemeanor. Possible penalties include up to 93 days in jail, fines of 100 to 500 dollars, up to 360 hours of community service, six points on your driving record, and a 180-day license suspension with a possible restricted license after 30 days if you are otherwise eligible. Most first-time offenders without aggravating factors are placed on probation rather than sent to jail, but every case is different.
Will I go to jail for a first DUI in Michigan?
Jail is possible but not common for a standard first-offense OWI when there are no aggravating factors such as an accident, injuries, or a very high blood alcohol level. Judges more often order probation, fines, and community service. The outcome depends on the facts, the county, the judge, and the strength of your defense.
What is a High BAC or Super Drunk OWI in Michigan?
Michigan has an enhanced first-offense charge, sometimes called Super Drunk, when your blood alcohol content is 0.17 or higher. The penalties are steeper and can include up to 180 days in jail, fines of 200 to 700 dollars, up to 360 hours of community service, six points, a one-year license suspension with a possible restricted license after 45 days if you are otherwise eligible, a required ignition interlock device, and completion of a mandatory alcohol treatment program.
Will I lose my license after an OWI in Michigan?
A first-offense OWI usually carries a 180-day license suspension, with a possible restricted license after 30 days if you are otherwise eligible. A High BAC offense carries a one-year suspension with a possible restricted license after 45 days plus an ignition interlock requirement. Separately, refusing the official chemical test can add a one-year suspension under Michigan’s implied consent law.
Can I refuse a breath or blood test in Michigan?
You can refuse, but under Michigan’s implied consent law, refusing the official chemical test after an arrest results in a one-year license suspension and six points on your license if you do not request a hearing within 14 days or do not prevail at that hearing. That penalty is separate from the OWI case itself. The small roadside preliminary breath test is treated differently. Because a refusal carries serious consequences, it is worth speaking with a lawyer about your specific circumstances.
Can an OWI charge be reduced or dismissed?
Sometimes. Depending on the facts, an OWI can potentially be reduced to a lesser charge such as impaired driving, or dismissed, if there were problems with the traffic stop, the arrest, or the chemical testing. A defense attorney reviews the police report, the basis for the stop, and the evidence to look for these issues. No particular result can be promised, because every case is different.
Do I need a lawyer for a first-offense DUI in Michigan?
An OWI is a criminal charge that can affect your license, your record, your job, and your insurance rates. A defense attorney can review whether the stop and testing were done correctly, communicate with the prosecutor, and advise you about possible resolutions. Somberg Law offers a free consultation to review your case.
Can a DUI be removed from my record in Michigan?
Under Michigan’s expungement, or Clean Slate, law, a first-violation OWI may be eligible to be set aside by application, not automatically, after a waiting period of at least five years, if the case did not involve injury or death and you meet the other requirements. Eligibility depends on your record and the details of your case. Somberg Law also handles expungements and can review whether you qualify.
Talk to a Metro Detroit DUI attorney
If you are facing an OWI or DUI charge anywhere in Oakland County or Metro Detroit, Nicholas Somberg can review your case and explain your options. Call (248) 270-5979 or request a free consultation.
Legal sources
This page summarizes Michigan law, including operating while intoxicated under MCL 257.625, the chemical-test and implied-consent provisions of the Michigan Vehicle Code (MCL 257.625a and related sections), and the Michigan Clean Slate set-aside law (MCL 780.621 et seq.). It is general information, not legal advice.
Attorney Advertising. This page is general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case is different, so consult a licensed attorney about your situation.
