Ann Arbor OWI and DUI Defense Attorneys

25+ Years Handling Michigan Operating While Intoxicated (OWI) Charges

Drunk driving — or Operating While Intoxicated (OWI) or Operating While Visibly Impaired (OWVI) — is one of the most specialized areas of criminal defense.

While many attorneys attempt to handle drunk driving defense (including many who specialize in divorce or personal injury), few understand the ever-changing statutes, sanctions, and defenses associated with these charges. 

At Geherin Law Group, drunk driving / OWI defense is a substantial part of our practice. Our OWI and drunk driving attorney in Ann Arbor is thoroughly versed in the intricacies of DUI defenses, such as blood alcohol testing, field sobriety test techniques, constitutional protections, and proper police investigations. We have successfully defended cases both in pretrial litigation and in trial throughout Southeast Michigan. 

The Harsh Realities of Michigan OWI / DUI Law

In 2004, Michigan’s legal bodily alcohol limit was decreased from .10 to .08, meaning more and more people have been charged with this embarrassing yet significant crime. Further, many prosecuting agencies have policies preventing plea reductions if you were involved in an accident or if your breath/blood level was greater than .15.

On January 3, 2007, our legislature decided that a person can be charged with felony drunk driving if he or she has two or more priors in his or her ENTIRE LIFETIME.

If you are under 21 years old, you could be charged with OWI if you have ANY level of alcohol in your system.

If you have the presence of any controlled substances in your blood — including marijuana —you might be charged with Operating With the Presence of a Controlled Substance, even if that substance had zero effect on your driving ability.

If charged under Michigan’s new “Super Drunk” law (.17 blood-alcohol content or greater), you could lose your driver’s license immediately for 45 days, no questions asked, and be required to submit to a “breath tube” for another 320 days, even if you have no prior arrests or convictions.

 

Michigan OWI Penalties

If you are convicted of OWI or OWVI, you face significant sanctions including but not limited to the following:

  • Incarceration
  • Probation
  • Significant fines
  • Prohibition against drinking alcohol
  • Re-payment of prosecutor / police costs
  • Immobilization of your vehicle
  • Community service
  • Substance abuse counseling / treatment
  • Substantial testing / monitoring for alcohol / controlled substances
  • A conviction on your record for the rest of your life

Further, the Secretary of State will take action against your license, independent of the courts. Your driver’s license may be restricted, suspended, or revoked, and you may have points added to your driving record; you may have to pay the Secretary of State hundreds or thousands of dollars in “responsibility fees.”

Why Choose GLG: Your Edge in Drunk Driving Defense

In short, the reductions and changes in Michigan’s laws have brought people into the criminal justice system who need skilled, specialized attorneys to handle this important defense. We understand the intricacies of breath testing machines. We constantly review new case law and statutes to look for defenses to these charges. In short, we have applied our skills, background and experience to successfully defend countless people charged with these offenses.

Regrettably, many unqualified attorneys represent people charged with drunk driving with no plan other than to plead their clients guilty. Other attorneys claim to be “experts” in drunk driving cases and charge excessive fees for this representation. At our firm, we are highly qualified to defend this charge, and keep our fees reasonable for our aggressive, intelligent and thorough representation.

Our attorneys have represented doctors, dentists, students, teachers, autoworkers, professors, and even fellow attorneys charged with OWI. We verify that the police follow every single administrative rule, constitutional protection, and evidentiary safeguard. We use several experts to challenge artificially high blood / breath levels. Put simply, we have the skill, desire, and experience to handle your OWI case.

GLG attorneys want to put their clients back on the road, so they can continue getting to their jobs and providing for their families. That is why we aggressively challenge breath and blood testing results, functionality of testing equipment, administration of field sobriety tests and any police procedure that may have violated any rights at the time of arrest.

OWI Defense FAQs in Ann Arbor, Michigan

Geherin Law Group, PLLC, helps people in Ann Arbor fight OWI charges in district and circuit courts across southeastern Michigan. Below are answers to common questions about OWI charges in Michigan.

What’s the difference between OWI, OWVI, and High BAC?

Michigan law recognizes several alcohol-related driving offenses. OWI (operating while intoxicated) applies if your blood alcohol content (BAC) was .08 percent or higher, or if alcohol or drugs substantially affected your ability to drive. OWVI (operating while visibly impaired) focuses on visible signs of impairment rather than a specific BAC level. High BAC, often called “super drunk,” applies when your BAC was .17 percent or higher. Each charge carries different potential penalties and different license consequences, so it’s important to call our law firm.

Is a first-offense OWI just a ticket?

No. A first-offense OWI is a misdemeanor in Michigan. You could face up to 93 days in jail, fines, court costs, community service, points on your driving record, and license suspension or restriction. Courts in Washtenaw County and Monroe County do not treat these cases lightly, even if you have no prior record – call our law firm for help.

What happens to my driver’s license after an OWI arrest in Ann Arbor, MI?

License sanctions depend on the exact charge and your prior history. For a first offense, the Secretary of State imposes a 30-day hard suspension followed by 150 days of restricted license privileges. A high BAC conviction carries a 45-day hard suspension and 320 days of restricted driving with an ignition interlock. If you refused the post-arrest breath test, you may also face a separate one-year suspension under Michigan’s implied consent law. You have only 14 days from the date of refusal to request a hearing. Our attorneys can help you meet those deadlines.

I blew over .08 percent. Do I still have a defense?

Yes, you might, and it’s always worth hiring a lawyer to protect your rights. A breath or blood result does not automatically mean you’ll be convicted. Police must have reasonable suspicion to stop your vehicle and probable cause to arrest you. If the stop or arrest was unlawful, the court can suppress evidence. Also, breath test machines must be properly calibrated and maintained, and blood draws must comply with statutory requirements. Errors at any stage can weaken the prosecution’s case.

What if my case involves marijuana or prescription medication?

Michigan’s OWI statute covers controlled substances and other intoxicating substances, which means you can be charged if drugs affected your ability to drive, even if you never drank any alcohol. For certain Schedule I substances, any amount in your body can trigger a charge. Medical marijuana status does not automatically protect you if you were impaired while driving. These cases often depend on officer observations and blood testing. Your lawyer will carefully review them both.

Should I have refused the breath test in Ann Arbor?

Michigan’s implied consent law states that by driving, you’ve agreed to submit to a chemical test after a lawful arrest. Refusing the post-arrest test isn’t a crime, but it is a civil offense that can result in a one-year driver’s license suspension and six points on your record. Whether this is worth it usually depends on each case’s circumstances.

Refusal doesn’t automatically end your case, and it doesn’t mean you can’t fight the charge. Meanwhile, you can also apply to get your license reinstated. However, you must act quickly because the deadline to request an implied consent hearing is strict.

Will I go to jail for a first-offense OWI?

Jail is possible but not mandatory for most first-offense OWI convictions. In these cases, many courts focus on probation, alcohol education, and testing. Aggravating factors such as a very high BAC, an accident, or a minor in the vehicle can increase the risk of jail. Second and third offenses have significantly harsher penalties, including mandatory jail time, so it’s important to work with an attorney.

What if my OWI in Ann Arbor involved an accident causing injury or death?

If an OWI involves serious injury or death, it’s a felony. Penalties can include years in prison, long-term license revocation, and substantial fines. These cases often involve accident reconstruction and medical evidence. Call our lawyers immediately.

Schedule Your free consultation with our Drunk Driving Attorney in Ann Arbor!

Contact GLG by calling or emailing 24 hours. We are located just off I-94 near Briarwood Mall. Otherwise we can meet with clients at a police station or jail. Your initial consultation is free.