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Michigan enforces some of the toughest Operating While Intoxicated (OWI) laws in the country. For out-of-state drivers, an arrest here can have far-reaching consequences, even after returning home. Whether you were visiting family, traveling for business, or driving through Michigan, understanding your rights and how these laws apply is essential to protecting your record and your freedom.

Operating While Intoxicated while driving

At Ben Hall Law, our East Lansing criminal defense attorneys represent out-of-state drivers facing OWI charges throughout Michigan. Led by a former police officer and prosecutor, Attorney Ben Hall and his team know exactly how these cases are investigated, charged, and prosecuted, and how to build a strong defense that minimizes long-term damage.

How Michigan Handles Out-of-State OWI Arrests

If you are arrested for OWI in Michigan while holding a driver’s license from another state, the case will still proceed under Michigan law. The fact that you do not live here does not exempt you from prosecution or penalties.

Michigan participates in the Driver License Compact (DLC), an interstate agreement that allows member states to share information about traffic offenses, including OWI convictions.

This means your home state will likely learn about your Michigan case and may impose additional penalties, such as:

  • License suspension or revocation.
  • Points on your driving record.
  • Increased insurance premiums.
  • Mandatory alcohol education or treatment programs.

In short, a Michigan OWI conviction can follow you home and affect your driving privileges there, too.

Potential Penalties for an Out-of-State OWI in Michigan

Michigan’s OWI penalties vary depending on your blood alcohol concentration (BAC), prior record, and the circumstances of your arrest.

For a first-time OWI offense, potential penalties include:

  • Up to 93 days in jail.
  • Fines of up to $500, plus court costs.
  • License suspension for up to six months.
  • Community service requirements.
  • Mandatory alcohol education or treatment programs.

If your BAC was 0.17 or higher, you could be charged under Michigan’s High BAC OWI, also known as the “Super Drunk” law, which carries harsher penalties, including longer jail terms, higher fines, and an ignition interlock requirement for restricted driving privileges.

Repeat offenses or OWIs involving injuries, accidents, or minors in the vehicle can result in felony charges and significantly steeper consequences.

Managing an Out-of-State OWI Case

Out-of-state OWI cases are often more complicated because of travel requirements, communication across jurisdictions, and differing state laws. Fortunately, an experienced Michigan defense attorney can usually handle many court appearances on your behalf, reducing the need for you to return for every hearing.

A strong defense may involve:

  • Challenging whether the traffic stop and arrest were lawful.
  • Reviewing whether breath, blood, or field sobriety tests were administered correctly.
  • Identifying procedural errors or inconsistencies in police reports.
  • Negotiating for charge reductions, dismissals, or alternative sentencing options.

Our firm understands how to navigate both Michigan’s court process and the interstate reporting system to protect your rights and minimize disruption to your life.

How a Michigan OWI Can Affect Your Home State License

Because of the Driver License Compact, your home state will usually impose the same or similar penalties as Michigan once it is notified of a conviction. For example, if Michigan suspends your driving privileges, your home state may suspend your license as well.

Our legal team can help:

  • Seek outcomes that do not trigger reciprocal license suspensions.
  • Coordinate with your home state’s licensing agency.
  • Pursue reduced or deferred charges to prevent a permanent mark on your record.

The goal is always to resolve your Michigan case with the least possible long-term impact.

Protecting Your Rights After an OWI Arrest in Michigan

If you are an out-of-state driver charged with OWI in Michigan, you have the same constitutional rights as any Michigan resident, including the right to remain silent, the right to counsel, and the right to challenge the evidence. Acting quickly after an arrest is critical to preserving these rights and protecting your driving privileges in both states.

At Ben Hall Law, our East Lansing criminal defense attorneys understand how overwhelming a Michigan OWI charge can be — especially when you live hundreds of miles away. We will guide you through the process, advocate for your best interests, and fight to protect your license, your record, and your future.

Call 877-BEN-HALL (877-236-4255) or contact us online today for a confidential consultation. Our team will help you understand your rights, review your options, and build a defense strategy tailored to you.