What Is the Difference Between a Michigan OWI and OWVI? - Paul J. Tafelski

From Paul J. Tafelski, Michigan Defense Law – What Is the Difference Between a Michigan OWI and OWVI? provides an in-depth analysis of the various impaired driving charges in Michigan, including Operating While Intoxicated (OWI), Operating While Visibly Impaired (OWVI), Operating With the Presence of Drugs (OWPD), and the commonly used term Driving Under the Influence (DUI). The article clarifies that while DUI is widely recognized, Michigan law predominantly uses OWI to describe offenses involving alcohol or drug impairment. An OWI charge applies when a driver operates a vehicle under the influence of alcoholic liquor, a controlled substance, or other intoxicating substances, or has a blood alcohol content (BAC) of 0.08% or higher. This requires the prosecution to present chemical test evidence confirming the substance's presence in the driver's system.

In contrast, an OWVI charge does not necessitate proof of a specific BAC level. Instead, it focuses on whether the driver's ability to operate the vehicle was visibly impaired due to alcohol, drugs, or a combination of both. This means that even without chemical test results indicating a high BAC, a driver can still face OWVI charges if observable evidence suggests impairment. The distinction between OWI and OWVI is critical, as it determines how the case is prosecuted and the type of evidence that may be presented in court.

The article also discusses the penalties associated with these charges. A first-time OWI conviction can lead to up to 93 days in jail, fines up to $500, and a 30-day license suspension followed by a 150-day restricted license. On the other hand, a first-time OWVI conviction may result in similar jail time, fines up to $300, and a 90-day restricted license. These distinctions highlight the importance of understanding the specific charges one might face and their potential consequences, especially for those who rely on their driving privileges for work or family responsibilities.

For individuals facing such charges, the article emphasizes the importance of seeking legal representation. Attorney Paul Tafelski of Michigan Defense Law offers extensive experience in handling Michigan OWI cases, aiming to protect clients' rights and work toward minimizing the impact of these charges. His approach includes negotiating reduced charges for first-time offenders and, when necessary, taking cases to trial to achieve the best possible outcomes.

Paul J. Tafelski, Michigan Defense Law

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