877-Ben-Hall 517-798-2801 877-Ben-Hall Awards & Recognition
In Michigan, the distinction between a charge of Operating While Intoxicated (OWI) and Operating While Visibly Impaired (OWVI) is significant. It may be the difference between a hard license suspension that takes you off the road completely and the ability to maintain a restricted license to get to work or school. Securing a reduction from OWI to the lesser charge of impaired driving is a primary goal in many drunk driving cases, but it’s a result that must be earned.
This challenge has become more pronounced as Michigan intensifies its enforcement of drunk driving laws. Prosecutors are under pressure to secure convictions on the original charge, especially in cases involving a high Blood Alcohol Content (BAC).
Therefore, to obtain a reduction, we need two things: a meticulous deconstruction of the traffic stop and chemical evidence, combined with a compelling mitigation package that provides the prosecutor with a valid reason to offer a plea to the lesser offense.
If you have been charged with OWI in Ingham County and need to know if your case qualifies for a reduction, you need a clear-headed assessment of the facts. We will review your chemical test results and the police report to determine the right strategy. Call Ben Hall Law today to understand your options.
When you’re facing a drunk driving charge, the responsibility to prove the case rests entirely on the Ingham County Prosecutor’s Office or the local city attorney, such as the East Lansing City Attorney. Their job is to convince a judge or jury, beyond a reasonable doubt, that you violated a specific section of the law. The key is understanding which violation the evidence actually supports.
Michigan law sets two different standards for alcohol-related driving offenses:
Every OWI case begins with the traffic stop. The police report will usually describe poor driving, such as weaving, speeding, or a traffic violation. This observation provides the legal basis, known as reasonable suspicion, to stop you and start an investigation.
If the stop is lawful, the court will generally admit all resulting evidence, including field sobriety tests, your statements, and chemical results. However, if the stop was improper, a skilled attorney may file a motion to suppress that evidence. As a result, the prosecutor may lose the entire case if a judge finds the stop invalid.
We closely examine every detail of the initial stop and the officer’s observations.
Dashcam Review: We carefully compare the officer’s written report with dashcam or bodycam footage. An officer may claim the vehicle was swerving heavily, but the video may show only a brief lane drift. This inconsistency can weaken the officer’s credibility and the basis for the stop.
Challenging Non-Driving Indicators: Ingham County police reports often rely on subjective signs like glassy eyes, slurred speech, or a faint odor of alcohol. These observations are generic and do not, by themselves, prove substantial impairment. We challenge their value as evidence of intoxication.
Using Good Driving as a Defense: The absence of poor driving can be a strong defense. If an officer stopped you for an equipment issue, such as a broken taillight, and you were otherwise driving normally, it contradicts the standard required for an OWI conviction. This fact pattern may support a reduction to OWVI or even a dismissal.
When a BAC result sits near the legal limit, such as 0.08 or 0.09, the testing device’s margin of error becomes important. By presenting evidence of possible inaccuracy, we can argue your true BAC may have been below 0.08. As a result, the uncertainty can push the state toward a more practical plea to OWVI.
If you had a drink shortly before driving, your BAC may have still been rising. This means you could have been under the legal limit while operating the vehicle, with your BAC increasing later. For example, it may peak after the arrest during the 30 to 60 minutes before a breath test. This defense is especially relevant in areas like East Lansing, where arrests often occur shortly after someone leaves a bar or party.
For blood tests processed at facilities like Sparrow Hospital or a Michigan State Police lab, the state must maintain a strict chain of custody. We analyze each step in detail:
Prosecutors in busy jurisdictions like Ingham County evaluate cases based on evidence, risk, and public safety. Securing a charge reduction often requires showing you are not a future risk. This approach makes an OWVI plea a reasonable and justifiable outcome.
Our goal is to build a proactive mitigation package that presents you as responsible and accountable. As a result, we create a narrative that supports an OWVI plea as the most practical resolution.
Substance Abuse Assessments: We often advise clients to complete a voluntary substance abuse evaluation with a licensed counselor. Doing this early shows initiative and provides the court with a professional opinion, which is often more favorable than a court-ordered assessment.
Voluntary Monitoring: In some cases, clients choose to use continuous alcohol monitoring, such as a SCRAM tether, or a portable breathalyzer like Soberlink. This step shows a commitment to sobriety and reassures the prosecutor that you are not a risk on the road.
Highlighting Contextual Factors: We present a full picture of your life beyond the incident. This may include a clean record, stable employment, family responsibilities, or your status as an MSU student. These factors matter, especially when a full OWI conviction could cause disproportionate harm, such as losing a scholarship, professional license, or career opportunity.
The dockets in Ingham County’s district courts are crowded. This reality may be turned into a strategic advantage. By filing substantive pre-trial motions, we signal to the prosecutor that we are prepared for a serious legal fight.
Filing a Motion to Suppress Evidence based on an unlawful stop or a Motion to Dismiss based on faulty evidence forces the prosecutor to stop, prepare a written response, and argue the matter in front of a judge. This changes the dynamic of the case.
When we demonstrate that taking the OWI charge to trial will require them to expend significant resources (such as bringing in police officers, lab technicians, and potentially expert witnesses to testify) and still carries a real risk of them losing, the OWVI offer becomes a much more efficient and predictable resolution for the state. They have to weigh the time and cost of a full trial against the certainty of securing a conviction on a reduced charge.
It becomes significantly more difficult due to Michigan’s habitual offender laws, but it is not impossible. A reduction may still be achievable if the prior conviction is very old or if the evidence in the current case has serious flaws that the prosecutor cannot overcome.
Yes, several courts in Ingham County, including the 54A District Court and 55th District Court, have sobriety court programs. These are intensive, treatment-focused programs. While completion may lead to significant benefits, including avoiding jail and getting license privileges restored, whether it results in a charge reduction depends on the specific program, the judge, and the facts of your case.
If you are a registered patient under the Michigan Medical Marihuana Act, the state’s any amount rule does not apply to you. However, the prosecution may still charge you if they believe they can prove your driving was actually impaired. Because proving impairment from marijuana is more complicated for the state than proving a BAC of 0.08, these cases present strong opportunities for negotiating a reduction to OWVI or even a non-criminal civil infraction like Careless Driving.
It is almost never immediate. An effective negotiation requires time to gather and analyze all the evidence, including police reports, videos, and chemical test records. The process unfolds over several court dates, including the arraignment and pre-trial conferences, and may involve filing motions. Rushing the process usually means accepting a standard, less favorable plea offer.
Yes, an OWVI is a criminal misdemeanor conviction and will appear on your public record. However, as noted earlier, it carries less social and professional stigma than a conviction for being intoxicated. For many, Michigan’s expungement laws may offer an opportunity to have the conviction set aside after a waiting period has passed.
The difference between an OWI and an Impaired Driving conviction is substantial and impacts your freedom, your finances, and your fundamental ability to drive. The prosecution will not offer this kind of reduction out of goodwill. It must be extracted through carefully applied strategic pressure, persuasive mitigation, and robust challenges to the evidence.
We handle OWI defense across Ingham County, from East Lansing to Mason. Call Ben Hall Law to review the specific facts of your stop. We will identify the leverage points necessary to pursue a reduction to impaired driving.
