Is OWI a Felony in Michigan?
In the state of Michigan, Operating While Intoxicated (OWI) is a serious crime that can have severe consequences. While it is generally considered a misdemeanor offense, there are certain circumstances in which an OWI charge can be elevated to a felony. In this article, we will explore the complexities of OWI laws in Michigan and answer the question: Is OWI a felony in Michigan?
What is OWI in Michigan?
OWI, also known as Driving Under the Influence (DUI), is the act of operating a vehicle while impaired by alcohol, drugs, or a combination of both. In Michigan, the legal limit for blood alcohol content (BAC) is .08%. This means that if a driver’s BAC is above this limit, they can be charged with OWI.
OWI as a Misdemeanor in Michigan
In most cases, OWI is considered a misdemeanor offense in Michigan. A misdemeanor OWI charge is punishable by:
- Up to 93 days in jail
- A fine of up to $500
- License suspension
- Community service
- Alcohol education classes
Felony OWI in Michigan: When Does it Apply?
While OWI is generally a misdemeanor, there are certain circumstances in which it can be elevated to a felony. A felony OWI charge is punishable by:
- Up to 5 years in prison
- A fine of up to $5,000
- License revocation
The following situations can lead to a felony OWI charge:
• Third or subsequent OWI offense: If a driver is charged with OWI for the third or subsequent time, it can be elevated to a felony.
• Causing serious impairment or disfigurement: If a driver’s OWI causes serious impairment or disfigurement to another person, it can be charged as a felony.
• Causing serious injury or death: If a driver’s OWI causes serious injury or death to another person, it can be charged as a felony.
• High BAC: If a driver’s BAC is .17% or higher, it can be charged as a felony.
• Refusal to submit to a chemical test: If a driver refuses to submit to a chemical test, such as a breathalyzer or blood test, it can be charged as a felony.
Table: Felony OWI Charges in Michigan
Circumstance | Punishment |
---|---|
Third or subsequent OWI offense | Up to 5 years in prison, $5,000 fine |
Causing serious impairment or disfigurement | Up to 5 years in prison, $5,000 fine |
Causing serious injury or death | Up to 15 years in prison, $10,000 fine |
High BAC (>.17%) | Up to 5 years in prison, $5,000 fine |
Refusal to submit to a chemical test | Up to 1 year in prison, $2,000 fine |
Consequences of a Felony OWI Conviction
A felony OWI conviction can have severe consequences, including:
- Loss of driving privileges: A felony OWI conviction can result in the loss of driving privileges for a period of time.
- Increased insurance rates: A felony OWI conviction can lead to increased insurance rates.
- Difficulty finding employment: A felony OWI conviction can make it difficult to find employment.
- Stigma and shame: A felony OWI conviction can result in shame and stigma.
Conclusion
In conclusion, while OWI is generally considered a misdemeanor offense in Michigan, there are certain circumstances in which it can be elevated to a felony. It is important to understand the laws surrounding OWI in Michigan to avoid serious consequences. If you have been charged with OWI, it is essential to seek the advice of an experienced attorney to ensure that your rights are protected.
Additional Resources
- Michigan State Police: Operating While Intoxicated (OWI)
- Michigan Department of State Police: OWI and DUI Laws
- National Highway Traffic Safety Administration (NHTSA): Drunk Driving Laws and Penalties