I Was Charged with a DUI/OWI in Michigan — Am I Going to Jail?
- Royce Nunley
- Jun 6
- 4 min read
If you've been charged with drunk or drugged driving in Michigan, one of the first questions you're probably asking is:
"Am I going to jail?"
At The Nunley Law Group, we represent clients throughout St. Clair Shores, Macomb County, Oakland County, and Wayne County, helping them understand their rights and fight DUI/OWI charges. Here’s what you need to know about Michigan law, the potential penalties, and how hiring an experienced criminal defense attorney can help.
Blood Alcohol Content (BAC) Levels Matter
Your blood alcohol content (BAC) at the time of your arrest plays a major role in the type of DUI/OWI charge you face in Michigan. For most first-time offenses, a BAC of 0.08% or higher qualifies as Operating While Intoxicated (OWI). However, if your BAC is 0.17% or above, you may be charged under Michigan’s High BAC or "Super Drunk" law. These elevated charges come with harsher penalties, such as up to 180 days in jail, increased fines, mandatory alcohol treatment, and the required use of an Ignition Interlock Device (IID) on your vehicle.
🔹 Michigan DUI/OWI Penalties
Here’s a breakdown of the penalties you could face, depending on your offense.
See the chart below for detailed information on jail time, fines, and license consequences for each DUI-related offense.
Is DUI a Misdemeanor or a Felony in Michigan?
First and second OWI offenses are typically misdemeanors.
A third offense at any time in your lifetime is a felony.
DUI involving injury or death can also result in felony charges.
Factors That Affect Sentencing for a First DUI in Michigan
Although Michigan law sets standard penalties for a first-time DUI, the outcome of your case can vary based on several key factors. Judges often consider the specifics of your arrest, your cooperation with law enforcement, and whether any aggravating or mitigating circumstances were present. These details can heavily influence whether you receive jail time, probation, community service, or other alternative sentencing options if you've been charged with a DUI in Michigan.
How a DUI/OWI Affects Your Record
A conviction goes on both your criminal record and driving record.
It can raise your insurance rates, affect employment opportunities, and limit professional licenses.
DUI/OWI convictions cannot be expunged under current Michigan law.
Aggravating Circumstances That Can Increase DUI Penalties
Even for first-time offenders, certain aggravating factors can lead to more severe consequences. Courts take these circumstances seriously, and they can result in harsher sentencing or even felony charges.
Accidents or Injuries: If your impaired driving leads to a crash that causes property damage, serious injury, or death, the penalties escalate significantly. For example, an OWI causing serious injury is classified as a felony in Michigan and carries up to five years in prison.
Minor Passengers in the Vehicle: Driving under the influence with a child under 16 years old in the car results in enhanced penalties. This includes higher fines, mandatory jail time, and possible child endangerment charges, as courts treat this as putting a vulnerable person at serious risk.
Refusal to Submit to Chemical Testing: Refusing a breathalyzer or blood test may be interpreted as an attempt to avoid accountability. Under Michigan’s Implied Consent Law, refusal triggers an automatic one-year driver’s license suspension, regardless of the outcome of your criminal case.
Prior Criminal Record: A history of alcohol or drug-related offenses, even outside of DUI charges, can negatively impact your case. Judges may view this pattern as a risk to public safety and impose stricter penalties accordingly.
Can You Avoid Jail Time?
Yes. With the help of an experienced criminal defense attorney, you may be able to:
Challenge the stop or arrest if your rights were violated.
Reduce charges to a non-alcohol-related offense.
Negotiate for alternative sentencing, such as community service, alcohol treatment, or probation.
Avoiding Common Mistakes in First-Time DUI Cases
If you’re facing your first DUI charge, it’s easy to make mistakes that can make your situation worse:
Pleading Guilty Too Soon: Many people plead guilty without speaking to a lawyer, believing it’s the fastest way to move on. Unfortunately, this often leads to maximum penalties, including a criminal record, license suspension, and expensive fines. A defense attorney may be able to reduce or dismiss charges entirely.
Ignoring Long-Term Consequences:A DUI can affect more than your license—it can hurt your career, increase your insurance rates, and restrict your ability to travel internationally. Being proactive, such as voluntarily attending a substance abuse program, can show the court you're taking responsibility and may improve your outcome.
Failing to Follow Court Orders: Missing deadlines for fines, treatment programs, or community service can lead to probation violations, additional charges, or even jail time. Staying organized and compliant is crucial to resolving your case successfully.
How The Nunley Law Group Can Help If You've Been Charged With A DUI/OWI in Michigan
At The Nunley Law Group, we fight aggressively to help you avoid jail time, protect your license, and reduce your charges. We handle:
DUI/OWI charges
Driver’s license restoration hearings
Repeat offenses and felony DUI defense
Court appearances and negotiations
📞 Charged with DUI in Metro Detroit? Call The Nunley Law Group Today
Don’t face these serious charges alone. Call our St. Clair Shores office for a free consultation. We serve Macomb, Wayne, and Oakland Counties, and we’re here to help protect your rights and future.
Helpful Links:
| About the Author
Email. Royce@nunleylawgroup.com
Tel. 586-778-4555
Royce Nunley is the founder and lead attorney at The Nunley Law Group, where he represents clients in the areas of Family Law, Criminal Defense, Social Security Disability, and Personal Injury. Known for his client-focused approach and legal insight, Royce is deeply committed to delivering personalized legal solutions tailored to each individual's needs.
Royce earned his Bachelor’s Degree in Spanish, Cum Laude, from Wayne State University, and continued his education at Wayne State University Law School, where he received his Juris Doctorate, also Cum Laude. His academic excellence laid a strong foundation for a career marked by both compassion and tenacity in the courtroom.
Royce has been recognized for his outstanding work in Family Law, earning the distinction of Super Lawyers "Rising Star" for six consecutive years—2019 through 2024—an honor reserved for only the top 2.5% of attorneys in the state.
With a reputation for taking the time to truly understand his clients and their legal challenges, Royce ensures that every person who walks through his door receives the respect, transparency, and tireless advocacy they deserve.
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