Oakland County DUI lawyer Paul J. Tafelski (https://www.michigandefenselaw.com/blog/what-is-the-difference-between-dui-owi-owpd-and-owvi-charges-in-michigan/), of Michigan Defense Law, has released an informative article providing clarity on the distinctions between two commonly confused charges: Operating While Intoxicated (OWI) and Operating While Visibly Impaired (OWVI). In this detailed article, Tafelski explains how these offenses differ in legal definition, evidentiary requirements, and consequences under Michigan law.
As an Oakland County DUI lawyer, Paul J. Tafelski outlines that OWI is Michigan’s equivalent of the more widely known DUI, and it involves either operating a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher, or while under the influence of alcohol, drugs, or a combination of both. He emphasizes that OWI charges typically require the results of chemical tests—breath, blood, or urine—to confirm impairment beyond the legal threshold.
The Oakland County DUI lawyer explains that Michigan’s OWVI charge applies when there is no chemical test or when the BAC is below the 0.08% limit. For OWVI, prosecutors only need to prove that a driver’s ability to operate a vehicle was visibly impaired due to alcohol or drugs. Unlike OWI, no precise measurement of substances in the bloodstream is required to support the charge.
Tafelski notes, “The main difference between a Michigan OWI and OWVI is the level of impairment. OWI involves a specific BAC or clear signs of intoxication, while OWVI only requires evidence that a person’s ability to drive was visibly affected by alcohol or drugs.”
Both charges carry serious consequences, especially for first-time offenders. According to Tafelski, penalties for an OWI in Michigan may include up to 93 days in jail, a fine of up to $500, and a 30-day license suspension followed by a 150-day restricted license. In contrast, an OWVI conviction can result in up to 93 days in jail, a fine of up to $300, and a 90-day restricted license. He stresses that while OWVI is generally considered a less severe charge, it still leaves a mark on a person’s driving and criminal record.
In Oakland County, first-time offenders may be eligible for reduced charges. Tafelski explains that prosecutors sometimes agree to reduce an OWI to an OWVI, particularly if there was no accident, the BAC was low, and the driver has no prior offenses. A reduced charge can result in fewer penalties and less stigma on a person’s record.
The article also underscores the implications of Michigan’s Zero Tolerance policy for drivers under 21. Even a small amount of alcohol in a minor’s system can lead to an OWI charge, regardless of whether they show signs of impairment. Tafelski advises that younger drivers should be especially cautious, as the consequences can affect their education, employment, and driving privileges.
Understanding the legal nuances between OWI and OWVI is crucial for anyone facing drunk driving charges in Michigan. These offenses are not interchangeable, and the specific charge can significantly affect a person’s penalties, driving privileges, and legal strategy.
The article stresses that individuals charged with any type of impaired driving should seek immediate legal assistance. “Even a first-time offense can carry lasting consequences,” Tafelski explains. “Having a knowledgeable defense attorney can make a difference in whether a case ends with a conviction, a reduced charge, or even dismissal.”
Facing drunk driving charges can be overwhelming, but that doesn’t mean those charged are without options. Legal support can make a meaningful difference in the outcome of a case, particularly when the charges involve complex distinctions like OWI and OWVI.
About Michigan Defense Law:
Michigan Defense Law, led by attorney Paul J. Tafelski, is a criminal defense firm based in Oakland County. The firm represents clients in OWI, OWVI, DUI, and other criminal matters. With a commitment to protecting clients’ rights and providing strong legal representation, Michigan Defense Law offers personalized strategies to help individuals facing serious legal challenges achieve favorable outcomes.
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Contact Person: Paul J. Tafelski
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Phone: (248) 451-2200
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State: Michigan 48302
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Website: https://www.michigandefenselaw.com/
