In Michigan, a person can be charged with OWVI even if his blood alcohol level is less than .08, so long as a police officer “believes” the person is Visibly Impaired by the use of alcohol or a controlled substance. This charge is a misdemeanor, and can have lasting effects on a person’s freedoms, driver’s license, and future.
Law enforcement may think they are watching a drunk driver, when what they are really seeing is a driver in bad weather, on bad roads, with a pre-existing medical condition or in a motor vehicle in need of repair. Don’t let an “assumption” by a police officer translate into a conviction than can affect you the rest of your life.
Geherin Law Group’s Ann Arbor OWVI defense attorneys represent clients in courts and counties across Southeastern Michigan. We have a proven track record of success in the courtroom and in negotiation. Our attorneys are trained on how to defend these charges, and we know how to protect your driver’s license and your future.
Contact us today if you have been arrested for drunk driving or OWVI. We can help. Call or e-mail 24 hours.
GLG’s drunk driving attorney in Ann Arbor thoroughly investigates, negotiates and litigates on our clients’ cases to help avoid harsh penalties for OWVI conviction, which can include:
Some lawyers who accept OWI and OWVI defense business merely take their clients’ money in return for a plea of guilty, regardless of the consequences. Others claim to be “experts” on drunk driving defense and charge excessively high attorneys fees. At GLG, we keep our rates reasonable in return for quality advocacy and consistent personal service throughout the legal process.
In the thousands of cases we have handled, GLG’s attorneys have represented professionals, college students and truck drivers with CDLs (commercial driver’s licenses) and livelihoods to protect. We explore every avenue that might produce a plea reduction, dismissal or acquittal so our clients can return to the road, their jobs and their families. We offer maximum availability to any questions and concerns, start to finish.
The attorneys at Geherin Law Group, PLLC, get many questions from Ann Arbor drivers charged with OWVI. Below are the answers to some of the questions our lawyers receive most often.
In Michigan, a person can face OWI (Operating While Intoxicated) charges when they operate a motor vehicle with a blood/breath alcohol content of 0.08 percent or more (or 0.02 percent or more for drivers under 21) or while under the influence of a controlled substance. However, a person with a BAC under the legal limit in Michigan may still face prosecution for OWVI (Operating While Visibly Impaired) if their consumption of alcohol, controlled substances, intoxicating substances, or some combination thereof visibly impairs their ability to operate a motor vehicle safely.
OWVI allows police and prosecutors to charge a driver with drunk driving even when they don’t have evidence of the driver’s BAC or if the driver has a BAC under the legal limit, but they display visible signs of an inability to drive safely, such as swaying, slurred speech, slowed reaction times, and a lack of physical coordination.
OWVI prosecutions also involve different evidence than OWI cases. Whereas prosecutors in OWI cases usually rely on blood, breath, or urine test results, OWVI prosecutions involve testimony from arresting officers regarding a driver’s appearance, demeanor, and performance on field sobriety tests.
Although an OWVI conviction can result in a 90-day suspension of your driver’s license, you may be able to obtain a restricted license that allows you to drive for certain approved purposes, such as driving to and from work, school, or medical appointments, during the suspension period. However, prior OWVI or OWI convictions can lengthen a license suspension or result in a license revocation.
If you’ve been charged with OWVI, you and your defense attorney may have various options to contest the prosecution’s case, such as:
Even if you refuse a field sobriety test or a chemical test after an OWI arrest, the arresting officer can still charge you with OWVI based on their observations of visible signs of your intoxication, which can provide sufficient evidence for an OWVI conviction. As a result, refusing a breath or chemical test doesn’t guarantee that you will beat a drunk driving charge in Ann Arbor. An OWI defense attorney from our firm can review the facts and evidence in your case to determine how the lack of chemical test results may affect a defense strategy.
OWVI convictions will stay on your record unless you qualify for and work with your lawyer to petition for expungement, known as “setting aside” a conviction in Michigan. Under Michigan law, an OWI offense committed on February 19, 2022, or after may qualify for expungement if you meet specific criteria, including;
Petitioning to set aside or expunge an OWVI conviction does not delete your conviction records, nor does it provide a pardon for the conviction. Instead, setting aside a conviction removes it from public access.
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