The aftermath of an OWI arrest can feel bewildering and alarming. You may fear incarceration, license forfeiture and procedural uncertainty. This article explains the process and the penalties you could face.
What happens right after the arrest
Officers will ordinarily book you, fingerprint and photograph you before requesting a breath or blood test. Release frequently follows once sobriety returns.
An arraignment then occurs, where a judge reads the charges, may impose bond conditions and announces your subsequent court dates.
Refusing chemical testing could precipitate a one-year license suspension. A Secretary of State hearing requested within 14 days may contest it.
Penalties for a first offense
A first offense is usually a misdemeanor under Michigan’s drunk driving statute, Michigan Compiled Laws § 257.625. A conviction could bring these penalties:
- Jail: Up to 93 days
- Fines: $100 to $500
- Community service: Up to 360 hours
- License: 30-day suspension followed by 150 days of restricted driving
- Points: 6 points on your driving record
Judges rarely order jail time for first offenses, but outcomes may vary.
A BAC of .17% or higher may engender harsher terms. You could face up to 180 days in jail and fines of $200 to $700. The court may suspend your license for one year and may additionally mandate an ignition interlock device after 45 days.
Penalties for repeat offenses
Prior convictions within a seven-year window can precipitate substantially stricter consequences. These could include the following:
- Second offense: Jail from 5 days to 1 year, fines of $200 to $1,000 and license revocation for at least 1 year
- Third offense: A felony carrying 1 to 5 years in prison or probation with a 30-day jail minimum
- Third offense fines: $500 to $5,000
A third offense thus transforms the case from a misdemeanor into a felony.
Why these steps matter for you
You have seen how booking, arraignment and license actions can unfold after an arrest. Penalties may grow with a higher BAC or prior convictions, and the wider court process can move quickly. Knowing these steps can help you plan ahead and meet key deadlines. If your case becomes more complicated, an attorney can help you understand your options.