Will you go to jail for the first DUI?

You are unlikely to go to jail for a first DUI conviction in Michigan – but there is always that possibility. If there are aggravating circumstances in your case, such as a high blood alcohol concentration or involvement in an accident causing injury or property damage, jail time is more likely.

When The Stakes Are This High, You Need A Real Defense

Experienced Grand Rapids DUI Defense Lawyer Representing You After A Drunk Driving Arrest

Q: Do you lose your license after a DUI in Michigan?

If you are convicted of DUI in Michigan, you will likely face license suspension or revocation. The duration of the suspension depends on factors such as prior offenses and blood alcohol concentration at the time of arrest.

Q: Can you get DUI charges reduced?

It is possible to get DUI charges reduced in Michigan through various legal strategies such as negotiating plea bargains or by challenging the legalities of the traffic stop or the validity of the evidence against you. However, the outcome depends on the specifics of your case and the skill of your defense attorney in advocating for your interests.

Q: How long does a DUI stay on your record?

In Michigan, DUI convictions remain on your driving record permanently. This means that even after completing any required penalties or programs, the DUI conviction will always be accessible on your driving record potentially affecting your driving privileges and other aspects of your life.

Q: Is a DUI a felony in Michigan?

In Michigan, a DUI is typically considered a misdemeanor offense, unless the charges are enhanced due to aggravating circumstances. However, a third DUI within a lifetime is always classified as a felony. Felony DUI convictions carry more severe penalties including vehicle forfeiture, potential imprisonment for up to five years, higher fines and longer license suspension periods.

DUI/OWI is “only” a misdemeanor crime, yet the punishment and the long-term consequences of a conviction are severe. In addition to jail time and steep fines, you could lose your driver’s license. A criminal record can affect employment and professional licenses. Your car insurance will skyrocket.

There is no substitute for experience – especially local experience – when you are facing charges of impaired driving. With over 20 years of experience, I am a seasoned Grand Rapids OWI lawyer who has practiced in Grand Rapids, handling DUI/OWI and other misdemeanor traffic crimes. My detailed and diligent approach has resulted in dropped charges, acquittals, no loss of license and other favorable outcomes. Even if you have prior offenses, Ryan Maesen Attorney at Law can help.

DUI/OWI Charges Are Serious
Call Ryan Maesen Attorney at Law at 616-229-3072 if you or someone you know has been arrested on suspicion of drunk driving in Kent County or surrounding jurisdictions. As a skilled Grand Rapids DUI defense attorney, I know how to fight DUI charges.

Michigan DUI Laws

Operating while intoxicated (OWI), commonly known as driving under the influence (DUI), is a misdemeanor crime in most cases. It can become a felony for third-time offenders or an alcohol-related crash resulting in injury or death. Many other traffic offenses are also jailable misdemeanors. I can represent you in court proceedings if you were arrested or cited for:

OWI or DUI
OWVI (operating while visibly impaired)
OWPD (operating with the presence of drugs)
“Super drunk” OWI (blood alcohol of .17% or more)
Felony OWI (third offense)
Zero tolerance violation (under age 21 drivers)
Breathalyzer refusal (implied consent violation)
Child endangerment (OWI with a child under 16 in the car)
Driving while license suspended or revoked
Reckless driving or racing on a public highway
Leaving the scene of an injury accident (hit-and-run)

Even if this is your first arrest for DUI/OWI, a conviction can lead to fines, license suspension or revocation, community service, drug and alcohol testing, and even jail or prison time. As new convictions accrue, or when the driver’s BAC is exceptionally high, the penalties for drunk driving convictions will substantially increase. A Grand Rapids OWI law firm can help navigate these complexities.

How Can A Defense Attorney Help With My Grand Rapids DUI/OWI Case?

Many people think it’s “game over” when they are pulled over for drunk driving, especially if they “fail” the field sobriety tests or if the portable breath tester shows .08 or more. That is just not true. While those roadside tests can be used to take you into custody, it takes much more than that to convict you of OWI/DUI.

The value of an experienced Grand Rapids OWI defense lawyer cannot be overstated:

Assessing the evidence against you: I will review all the evidence, such as breathalyzer results, blood tests, dashcam footage and witness statements, to determine if there are any discrepancies or issues with the evidence that could potentially help your case.
Identifying potential legal defenses: A Grand Rapids DUI lawyer like me will have a deep understanding of Michigan laws and identify potential legal defenses, such as lack of reasonable cause for the traffic stop, mistakes with the roadside tests or administration of the official breathalyzer test, issues with the reliability of the test equipment, or other factors that could potentially impact the case.
Representing you in court: I will act as your advocate in court, making arguments on your behalf and presenting evidence in your favor. I can also cross-examine witnesses and challenge the prosecution’s evidence.

What are the Penalties for a First-Time DUI In Michigan?

A first-time OWI/DUI conviction in Michigan for having a BAC over .08% is a misdemeanor offense, with penalties that may include:

Six points added to your driver’s license
Hard suspension of your driver’s license for 30 days, and then restriction of your license for 150 days
Community service for up to 360 hours
Fines of up to $500
Probation
Up to 93 days in jail
Ignition interlock possible; $125 reinstatement fee

Grand Rapids DUI charges come with multiple personal and professional consequences, as most people who are arrested for drunk driving spend the night in jail, which can lead to unexcused absences from work, school or other obligations that can immediately impact their livelihoods.

Even if this is your first Michigan DUI charge, you should contact a skilled drunk driving attorney in Michigan as soon as you are able.

What are the Penalties for a Second DUI In Michigan?

A second OWI conviction in Michigan for being impaired or having a BAC over .08% is a serious misdemeanor. The penalties for a second DUI may include:

Six points on your driver’s license
A minimum one-year driver’s license revocation, or a minimum of five years’ revocation if your license has been revoked within the preceding seven years
License plate confiscation
Vehicle immobilization or forfeiture
Community service for 30 to 90 days
Fines of up to $1,000
Mandatory minimum of five days in jail, with the potential to serve up to one year

What are the Penalties for a Third or Subsequent DUI in Michigan?

A third or subsequent DUI within a driver’s lifetime, or two or more convictions for certain other types of offenses, will result in felony charges, and may include the following penalties:

Six points on your driver’s license
Revocation of your driver’s license
Denial of your vehicle registration and confiscation of your license plate
Community service for up to 180 days
Fines of up to $5,000
Probation plus a jail sentence of 30 days to one year
A prison sentence of one to five years

Michigan treats OWI charges more seriously when the driver’s BAC is .17% or higher, which results in an unlawful blood alcohol level change, also commonly known as “super drunk OWI.”

A Grand Rapids DUI Lawyer Prepared to Defend You in Court

Whether this is your first arrest or you have been arrested multiple times for drunk driving in Michigan, you should never face the prosecutor’s office alone or accept a “deal” without understanding your full legal rights and options. Arrange a free initial consultation to discuss your circumstances and how I can help. My approach has produced real results for clients, and I have taken more than 90 cases to trial, including OWI/DUI cases.

My Grand Rapids DUI law firm represents real people of all walks of life in the Grand Rapids area. Call my office in Grand Rapids today contact Ryan Maesen Attorney at Law online.

Michigan DUI & OWI FAQs

With more than 20 years of experience as a Grand Rapids DUI defense attorney, I have handled many DUI cases across Michigan. Here are some of the questions my clients ask most frequently.

Do you lose your license after a DUI in Michigan?

A Michigan DUI arrest can affect driving privileges through two separate processes. The criminal court can impose suspension or revocation upon conviction under MCL 257.625, and the Michigan Secretary of State can independently suspend a license for one year if the driver refused a chemical test. Under Michigan’s implied consent law, drivers have only 14 days from the date of arrest to request a hearing to challenge that suspension. Missing that deadline forfeits the right to a hearing, which is why early legal guidance is important after an arrest.

Will you go to jail for a first DUI in Michigan?

Jail is not the most common outcome for a first-offense OWI, though up to 93 days is permitted under MCL 257.625. Aggravating factors such as a high BAC, an accident with injury, or a child passenger under 16 can substantially raise the chance of jail time.

Can you get DUI charges reduced in Michigan?

A Michigan OWI charge can sometimes be reduced, depending on the evidence in the case. Common reductions include a plea to OWVI (Operating While Visibly Impaired) or, in some cases, a non-alcohol-related charge such as careless driving. Schedule a free case review to discuss available options.

How long does a DUI stay on your record in Michigan?

A first-offense OWI can be set aside after a five-year waiting period under MCL 780.621c as long as the offense did not involve injury or death. However, only one OWI may be expunged in a lifetime. Even when an expungement is granted, the conviction will still appear on your Secretary of State driving record, which is treated separately from your criminal record under Michigan law.

Is a DUI a felony in Michigan?

A DUI in Michigan is usually charged as a misdemeanor, but several circumstances can elevate it to a felony. A third lifetime OWI is automatically a felony, regardless of how much time has passed. OWI causing serious injury can carry up to five years in prison and OWI causing death can carry up to 15 years, along with vehicle forfeiture, license revocation, and steeper fines. Reach out today if you are facing felony OWI charges in Kent County.

Can I still drive after a DUI arrest in Michigan before my court date?

In most cases, yes. When you are arrested for OWI, the officer typically confiscates your physical license and issues a paper permit that allows you to keep driving until the case is resolved. There are exceptions, including situations where your license was already suspended at the time of the stop or where you refused a chemical test, both of which can affect your driving status more quickly.

What is the difference between OWI, OWVI, and OWPD in Michigan?

These are three separate charges under Michigan law. OWI (Operating While Intoxicated) generally applies when a driver has a BAC of .08% or higher or is substantially affected by alcohol or drugs. OWVI (Operating While Visibly Impaired) is a lesser charge that applies when a driver’s ability is visibly affected and is sometimes available as a reduced plea. OWPD (Operating with the Presence of Drugs) covers driving with any amount of certain controlled substances in the body, even without obvious impairment. Each charge carries different points, license sanctions, and fines.

What is “Super Drunk” OWI in Michigan and why are the penalties higher?

Super Drunk OWI applies when a driver registers a BAC of .17% or higher under MCL 257.625(1)(c). Even on a first offense, this charge can carry up to 180 days in jail, higher fines, a one-year license sanction with a 45-day hard suspension, and a mandatory ignition interlock device during the restricted period. It also typically requires completion of an alcohol treatment program as a condition of restoring driving privileges.

Can I get a restricted license to drive to work after a Michigan OWI?

A restricted license is often available for first-offense OWI drivers, though eligibility depends on the charge and driving history. For a standard first-offense OWI, drivers face a 30-day hard suspension followed by 150 days of restricted driving for work, school, treatment, and medical appointments. High BAC and second-offense cases involve longer hard suspensions and may require an ignition interlock device.

How could a Michigan DUI affect my job or professional license?

A Michigan OWI conviction can carry employment consequences beyond the criminal case itself. CDL holders face a one-year disqualification under 49 CFR 383.51, even when the OWI happened in a personal vehicle. Licensed professionals such as nurses, doctors, teachers, and real estate agents may also be required to report the conviction to the Michigan Department of Licensing and Regulatory Affairs (LARA), which can trigger a separate disciplinary review. Schedule a confidential consultation to discuss how a charge could impact your career.

Can I be charged with an OWI in Michigan for using marijuana?

Yes. While recreational cannabis is legal under the Michigan Regulation and Taxation of Marihuana Act, driving while impaired by marijuana is not, and drivers can face an OWI or OWPD charge if THC affects their ability to operate a vehicle.