Michigan DUI/OWI Defense Lawyer
An OWI charge can put your license, freedom, career, and reputation at risk. Ben Hall Law defends people accused of drunk and impaired driving throughout Michigan, with a particular understanding of how these cases are investigated and prosecuted.
Ben Hall spent 10 years as a Michigan police officer before becoming an attorney and later served as an Ingham County prosecutor. That experience matters in an OWI case, where the legality of the stop, roadside investigation, chemical testing, police reports, and video evidence can all affect the defense.
What an OWI Charge Means in Michigan
Michigan generally uses the term OWI — Operating While Intoxicated — rather than DUI. A person can face an OWI charge based on alcohol, controlled substances, other intoxicating substances, or a combination of substances. The prosecution may rely on chemical-test evidence, evidence of impairment, or both.
An arrest is not a conviction. OWI cases are evidence-driven, and the defense should begin with what actually happened: why the vehicle was stopped, what the officer observed, how roadside tests were administered, what video shows, how chemical evidence was obtained, and whether required procedures were followed.
Michigan OWI and Impaired-Driving Charges
- Operating While Intoxicated (OWI): Michigan law prohibits operating with an alcohol concentration of 0.08 or more and also prohibits operating while intoxicated by alcohol, controlled substances, other intoxicating substances, or combinations of them.
- Operating While Visibly Impaired (OWVI): A separate offense based on the person’s ability to operate being visibly impaired by alcohol, drugs, or another intoxicating substance.
- High BAC: Michigan provides enhanced consequences when the alcohol concentration is 0.17 or higher.
- Under 21: Michigan’s zero-tolerance provisions apply to drivers under 21 with prohibited bodily alcohol content.
- Drugged driving: OWI law also applies to cases involving controlled substances and other intoxicating substances, not only alcohol.
- Repeat and aggravated offenses: Prior convictions, injury or death, and other circumstances can substantially change the potential consequences.
How Ben Hall Law Examines an OWI Case
Was the Traffic Stop Lawful?
The investigation often begins with the reason an officer stopped the vehicle. Police reports, dash-camera footage, body-camera footage, dispatch information, and other evidence can help determine whether the officer’s account is supported by the record and whether the stop complied with constitutional requirements.
Were Field Sobriety Tests Properly Administered?
Roadside sobriety testing is not simply a pass-or-fail exercise. Instructions, administration, surface conditions, weather, footwear, physical limitations, and what the video actually shows can all matter. Common standardized tests include horizontal gaze nystagmus, the walk-and-turn, and the one-leg stand.
What Does the Chemical Evidence Actually Show?
A breath or blood result can be important evidence, but it should still be examined rather than treated as self-proving. Depending on the case, relevant questions can include how the sample was obtained, whether required procedures were followed, the reliability and maintenance of testing equipment, timing, documentation, and whether the result is consistent with the rest of the evidence.
Does the Police Report Match the Video?
OWI investigations increasingly produce video evidence. That creates an opportunity to compare an officer’s written description with what can actually be seen and heard. Ben’s background as a former police officer gives him practical experience evaluating how an OWI investigation was conducted as well as how it was later documented.
Driver’s License Consequences Can Begin Separately From the Criminal Case
An OWI case can involve both criminal-court consequences and separate driver’s-license consequences. This distinction is especially important when a driver is accused of refusing a chemical test after arrest under Michigan’s implied-consent law.
Do not assume the criminal court schedule protects your license rights. A refusal allegation can create a separate administrative process with a short deadline to request a hearing. If you received paperwork concerning an implied-consent refusal, have it reviewed promptly.
What Are the Consequences of an OWI Conviction?
The potential sentence and license sanctions depend on the specific offense, BAC level, prior record, and whether aggravating circumstances are alleged. Even a first offense can expose a driver to jail, fines, community service, license sanctions, and points.
The practical consequences may extend further. An OWI can matter to employers, commercial drivers, licensed professionals, students, and anyone whose work or family responsibilities depend on driving. A defense strategy should therefore account for what the case threatens in the client’s actual life, not only the statutory maximum penalty.
Can a First OWI Conviction Be Expunged in Michigan?
Michigan law allows some first-offense OWI convictions to be set aside by application after the applicable waiting period. This is not automatic, and not every impaired-driving conviction qualifies. If you already have an OWI conviction, eligibility should be evaluated based on the particular offense and record.
Why Ben Hall’s Background Matters in an OWI Defense
Before becoming a defense attorney, Ben Hall spent 10 years as a Michigan police officer while attending law school at night. He later served as an Ingham County prosecutor. He has therefore seen criminal investigations from the perspective of the officer building the case, the prosecutor evaluating it, and the defense attorney challenging it.
That experience does not guarantee a particular result. It does provide a useful framework for asking the right questions: what should the officer have done, what did the officer actually do, what evidence supports the report, what weaknesses matter legally, and how is the prosecution likely to approach the case?
What to Do After an OWI Arrest
- Keep all paperwork. Court notices, bond conditions, temporary driving documents, test information, and implied-consent paperwork can all matter.
- Follow release and bond conditions. Do not create a new problem while the original charge is pending.
- Write down what you remember. Details about the stop, questions, tests, timing, location, and witnesses can become harder to recall later.
- Do not discuss the case publicly. Avoid social-media posts and unnecessary conversations about the incident.
- Have the evidence and license issues reviewed promptly. Some issues cannot safely wait until the next criminal court date.
Frequently Asked Questions About Michigan OWI Charges
A first OWI with a BAC below 0.17 can carry up to 93 days in jail, but that does not mean every first offender receives a jail sentence. The actual outcome depends on the charge, facts, record, court, and resolution of the case.
Some first-offense OWI convictions may be set aside by application after the required waiting period. OWI convictions are not automatically expunged, and eligibility depends on the particular conviction and record.
Potentially, but the answer is fact-specific. Michigan OWI law requires proof that the person was operating the vehicle, and cases involving a parked vehicle can raise important questions about what the person was actually doing and whether the prosecution can prove operation.
It can. Driving privileges may be essential to employment, and some licensed professions or employers have reporting requirements or conduct rules that can make an OWI especially consequential. The impact depends on the profession, employer, license, and outcome of the case.
Miranda rights only apply to questioning that occurs after you have been taken into custody. If an officer did not interrogate you after your arrest, the lack of a Miranda warning may not be grounds for dismissal. However, if they did question you, any statements you made after being arrested could potentially be suppressed.