Getting arrested is never an easy experience, but it can also be confusing. While many people are familiar with a DUI charge, Michigan also uses the terms OWI and DWI. What are OWI and DWI? Are OWI and DWI the same thing in Michigan?
What is an OWI?
OWI stands for “operating while intoxicated.” The Michigan state legislature started using the term “OWI” in 1999. You can be charged with an OWI if you operate a vehicle with a blood alcohol content (BAC) of 0.08% or higher. However, you can also be charged with an OWI with any amount of a controlled substance in the body, while under the influence of any intoxicating liquor, or while under the influence of any controlled substance or intoxicating substance.
Under current Michigan law, you can be charged with an OWI when the state can prove beyond reasonable doubt that you were under the influence of an unreasonable amount of alcohol or any other controlled or intoxicating substances while operating a vehicle. This includes other substances like Ambien and Xanax. The legal limit for blood alcohol content (BAC) became 0.08% in 2003, dropping from 0.10% previously. You can read more about Michigan’s drunk driving laws in Section 257.625 of the Michigan Vehicle Code.
What is a DWI?
DWI stands for “driving while intoxicated.” This is the same thing as a DUI, which stands for “driving under the influence.” Like an OWI, you can be charged with a DWI if you operate a vehicle with a blood alcohol content (BAC) of 0.08% or higher, with any amount of a controlled substance in the body, while under the influence of any intoxicating liquor, or while under the influence of any controlled substance or intoxicating substance.
What is a DUI?
DUI stands for “driving under the influence.” This is the same thing as a DWI in Michigan, which stands for “driving while intoxicated.” This is a criminal charge which carries different punishments depending on how many offenses you have.
What’s the difference between an OWI and a DWI in Michigan?
The difference between an OWI and a DWI is in the first letter of each acronym: driving versus operating. Driving refers to someone who is literally in physical control of a vehicle that is moving. Operating is a broader term that refers to someone who is literally in physical control of a vehicle, even if the vehicle is not actively moving. This includes if you are sitting on the side of the road, stopped in the middle of an intersection, or even asleep while in control of the vehicle.
What are the penalties for OWI or DWI in Michigan?
Even though there is a small difference between the two terms, the consequences of these charges are the same.
Your First OWI Offense
Your first OWI could carry a penalty of up to 93 days in prison, a fine of $100-500, or 360 hours of community service. You could also face vehicle immobilization or an ignition interlock device during your probation. The suspension or revocation of your driver’s license is mandatory in Michigan when you’re convicted of an OWI.
OWI, Second Offense
Your second offense can be punished with jail time of between five days and one year, a fine of $200-1000, 30-90 days of community service, or an ignition interlock device
OWI, Third Offense
Your third DUI offense will result in a felony charge. If found guilty, you could face up to five years in prison. The mandatory minimum jail time for a felony DUI is thirty days. You could also face 60-180 days of community service. Vehicle immobilization is also mandatory with a felony charge.
OWI Causing Serious Injury
If you cause serious injury to another while operating a vehicle while intoxicated, you could receive up to five years of prison time, fines ranging from $1000-$5000, and mandatory vehicle immobilization.
OWI Causing Death
If an individual is killed as a result of you operating your vehicle while impaired, you may face up to fifteen years of prison time. The court may also fine you $2500-$10,000, depending on any damages you might have caused. Your vehicle will also be immobilized. Furthermore, if the individual killed is a firefighter or police officer, then you are in violation of 257.653a, meaning you may face up to twenty years in prison rather than fifteen.
We Can Help!
At Traffic Buddy, we believe that every individual should have access to legal representation for any traffic-related charges. From tickets to forfeiture of vehicles, we make it our mission to help provide all the facts to help ensure you receive the minimum possible penalties for any alleged infraction. If you need traffic court representation, reach out today!