Is an Owi a Felony in Michigan?
In Michigan, Operating While Intoxicated (OWI) is a serious offense that can have severe consequences if convicted. The question many people ask is: "Is an OWI a felony in Michigan?" The answer is not a simple yes or no. In this article, we will delve into the complexities of Michigan’s OWI laws and explore when an OWI can be considered a felony.
What is an OWI in Michigan?
In Michigan, an OWI occurs when a person operates a vehicle while under the influence of alcohol or a controlled substance. The law states that a person is considered intoxicated if their blood alcohol content (BAC) is 0.08% or higher. Additionally, a person can be charged with OWI even if their BAC is below 0.08% if they show signs of intoxication or impairment.
Felony OWI in Michigan
In Michigan, OWI is typically a misdemeanor offense, punishable by fines, imprisonment, and the suspension of a person’s driver’s license. However, an OWI can be elevated to a felony if certain circumstances exist. These circumstances include:
• Third OWI offense within 7 years: If a person is convicted of their third OWI offense within a 7-year period, they can be charged with a felony OWI. This offense is punishable by up to 5 years in prison and a fine of up to $5,000.
• Causing serious impairment or disfigurement: If a person’s OWI offense causes serious impairment or disfigurement to another person, they can be charged with a felony OWI. This offense is punishable by up to 15 years in prison and a fine of up to $10,000.
• Causing death: If a person’s OWI offense causes the death of another person, they can be charged with a felony OWI, which is punishable by up to 15 years in prison and a fine of up to $10,000.
Consequences of a Felony OWI in Michigan
If a person is convicted of a felony OWI in Michigan, they can face significant consequences, including:
| Consequence | Description |
|---|---|
| Prison time | Up to 5 years for a third OWI offense within 7 years, up to 15 years for causing serious impairment or disfigurement, or up to 15 years for causing death |
| Fine | Up to $5,000 for a third OWI offense within 7 years, up to $10,000 for causing serious impairment or disfigurement, or up to $10,000 for causing death |
| Driver’s license suspension | 1-5 years |
| Ignition interlock device | Required for 1-5 years |
| Community service | Required |
| Counseling | Required |
Defending a Felony OWI in Michigan
If you or someone you know has been charged with a felony OWI in Michigan, it is essential to seek the advice of an experienced criminal defense attorney. A skilled attorney can help you navigate the complex legal system and challenge the evidence against you.
Some common defenses against a felony OWI charge in Michigan include:
• Lack of probable cause: If the police officer did not have probable cause to stop the vehicle, the evidence obtained during the stop may be suppressed.
• Improper evidence collection: If the blood or breath test was not properly administered or collected, the results may be invalid.
• Insufficient evidence: If the prosecution does not have sufficient evidence to prove the elements of the crime, the case may be dismissed.
Conclusion
In conclusion, an OWI can be a felony in Michigan under certain circumstances. If you or someone you know has been charged with a felony OWI, it is essential to seek the advice of an experienced criminal defense attorney. With the right legal representation, you may be able to challenge the evidence against you and achieve a favorable outcome.
Takeaway Points
• An OWI is typically a misdemeanor offense in Michigan, but can be elevated to a felony if certain circumstances exist.
• A felony OWI can be punished by up to 15 years in prison and a fine of up to $10,000.
• A felony OWI conviction can result in significant consequences, including prison time, fines, driver’s license suspension, and community service.
• If you have been charged with a felony OWI, it is essential to seek the advice of an experienced criminal defense attorney.
