OWI vs. DUI in Michigan: What’s the Difference?

You’re driving home after a night out in Edwardsburg when you see flashing red and blue lights behind you. Your stomach drops. You pull over, and the officer starts asking questions.

Before you know it, you’re facing OWI charges. But wait, you’ve heard of DUI before. What’s the difference? And does it even matter?

In this blog, we’ll break down the differences between OWI vs. DUI in Michigan. Our criminal lawyer explains each term’s meaning, how they impact your driving record, and what penalties you could face.

Are you confused about legal jargon or need guidance on what to do next? This blog provides the straightforward answers you’re looking for.

OWI vs. DUI: Same Thing or Different?

If you are facing drunk driving charges in Michigan, you’ll likely see the term OWI (Operating While Intoxicated) on your paperwork. In other states, you might hear DUI (Driving Under the Influence) instead. While these terms sound similar, Michigan doesn’t use “DUI” in its legal language.

In short, Michigan uses OWI instead of DUI, but they both refer to driving while impaired by alcohol or drugs: same concept, different name.

Understanding Drunk Driving Laws and an OWI Charge in Michigan

Michigan law is unambiguous: if you operate a vehicle while intoxicated (whether from alcohol, drugs, or a combination), you can face OWI charges. The state uses three main categories to define this offense:

1. OWI – Operating While Intoxicated: Your blood alcohol content (BAC) is 0.08% or higher.
2. OWVI – Operating While Visibly Impaired: Even if your BAC is below 0.08%, you can still face charges if an officer believes you’re too impaired to drive safely.
3. OWPD – Operating With Any Presence of Drugs: If you have any trace of illegal drugs in your system, you can face charges even if you’re not visibly impaired.

How Is BAC Determined?

A blood alcohol test is typically required to determine BAC. Refusing to take the test may lead to serious consequences, including longer jail time and a potential loss of driving privileges.

What About a DUI?

Some people still say “DUI” out of habit, and some attorneys in Michigan might even use the term for simplicity. But if you’re facing a drunk driving charge here, it’s legally an OWI, not a DUI. However, DUI charges are still commonly understood by the public, even if the term is not used legally in Michigan.

OWI Penalties in Michigan: Why You Should Take It Seriously

Drunk driving penalties in Michigan are no joke. Even a first-time offense can turn your life upside down. Here’s what you’re looking at if you’re convicted of an OWI:

• First Offense: Up to 93 days in jail, $500 in fines, up to 180 days of driver’s license suspension, and six points on your driving record. You may also be required to complete community service.
• Second Offense (within 7 years): Up to 1 year in jail, $1,000 in fines, and a one-year suspension of driving privileges.
• Third Offense: Now you’re looking at a felony drunk driving charge, up to 5 years in prison, license revocation for five years, and up to $5,000 in fines.

And that’s just scratching the surface. Depending on your profession, you’ll also be dealing with court fees, skyrocketing insurance rates, and possibly even losing your job.

What To Do If You Get Arrested for a Drunk Driving Offense

Getting arrested for an OWI can be overwhelming, but what you do next can make all the difference. Here are some critical steps to follow:

1. Stay Calm and Compliant. A police officer will assess your behavior and determine if you appear impaired. Resisting or arguing with the officer will only make matters worse. Cooperate, but remember that you have rights.
2. Exercise Your Right to Remain Silent. Anything you say can be used against you. Politely decline to answer questions beyond providing basic identification.
3. Do Not Admit Guilt. Do not make any incriminating statements, even if you think you’re over the limit. Let your attorney handle the defense.
4. Request Legal Representation. Call an experienced OWI attorney as soon as possible. The sooner you get legal help, the better your chances of a strong defense.
5. Document Everything. Take notes about the arrest, the officer’s behavior, and any tests they gave you. These details could help challenge your case.

A well-prepared legal strategy can mean the difference between a conviction and a dismissal.

Do You Need an OWI Attorney Near You? Yes.

Are you facing an OWI charge? You might be tempted to accept your fate, pay the fines, and move on—big mistake. Even a first-time offense can haunt you for years. Understanding the legal process and securing experienced legal representation effectively manage your case and work toward a favorable outcome.

Searching for an “OWI attorney near me”? At LaBre Law Office, excellence is our standard. We’ve been defending people like you for over 43 years. We know the system, and we know how to beat these charges. Our skilled criminal lawyer can challenge the evidence, question the officer’s procedures, and fight to get your charges reduced or dismissed. Call us at (269) 431-2058 or complete our confidential online form to schedule your consultation.

Copyright © 2025. LaBre Law Office. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

LaBre Law Office
68897 Cass St,
Edwardsburg, MI 49112
(269) 431-2058
https://labrelaw.com/