Law Offices of
Ezra N. Goldman PC

Not exactly — it's a naming difference, but it matters. Michigan's statute (MCL 257.625) doesn't use the term "DUI" at all. The official charge here is Operating While Intoxicated, or OWI. You'll still hear "DUI" and "DWI" constantly — in the news, on TV, from out-of-state friends — because most other states use those terms. But if you're arrested in Michigan, your paperwork, your court file, and your record will all say OWI. Same basic idea (driving impaired by alcohol or drugs), different label.

For a standard OWI, it's 0.08% BAC. But Michigan also has a "High BAC" charge — sometimes called the "Super Drunk" law — that kicks in at 0.17% and carries steeper penalties, including a mandatory hard license suspension. Commercial drivers (CDL holders) have a much lower limit: 0.04%, even if they're driving their personal vehicle when arrested. And if you are visibly impaired, you can be charged on a blood alcohol as low as 0.02%.

Michigan actually has a few related charges, and which one you face can change everything about your case:OWI — BAC of 0.08% or higher, or otherwise under the influence.OWVI (Operating While Visibly Impaired) — a lesser charge that doesn't require a specific BAC, just visible signs of impairment.OWI High BAC ("Super Drunk") — BAC of 0.17% or higher, with significantly harsher penalties.

You'll typically be booked, and depending on the circumstances, your license may be taken and a temporary permit issued (read that carefully). You might be held until you are sober. You'll get an arraignment date. From there, the case moves through pretrial proceedings where evidence, the traffic stop, and the testing procedures can all be challenged. The earlier you talk to an attorney — ideally before your arraignment — the more options you usually have.

A standard first-offense OWI can mean up to 93 days in jail, fines between $100–$500, up to 360 hours of community service, license sanctions, and points on your driving record. The statute allows the courts to charge a fine PLUS costs. By the time you are done, depending on the court, it can be close to $2,000.00. If it's a High BAC (0.17%+) case, the exposure goes up significantly — up to 180 days in jail, higher fines, and a mandatory 45-day hard license suspension followed by a restricted license requiring an ignition interlock device. Every case is different, and these are maximums, not guarantees — which is exactly why the specifics of your stop and evidence matter.

Likely some restriction, at minimum — the extent depends on your BAC, whether it's a first offense, and your driving history. Multiple offenses (two within 7 years, or three within 10) trigger an automatic license revocation by the Secretary of State, not just a suspension, and getting back on the road after that requires a formal restoration process. I know how important your license is. This is a major reason to hire the right attorney.

Sobriety Court is a voluntary, intensive alternative to standard sentencing — usually a one- to two-year program combining treatment, regular check-ins, and accountability measures instead of (or alongside) traditional penalties. It's generally available to people facing a second OWI within 7 years, though eligibility rules vary by county. It's not the right fit for everyone, but for people who qualify, it can mean a faster path back to driving privileges and a real shot at addressing the underlying issue rather than just serving a sentenceCheck out our sobriety court page and download an actual sobriety court handbook so you have even more information!

Yes, through Michigan's license restoration process, though it's a formal hearing, not automatic. You'll need to show sustained sobriety, meet the state's documentation requirements, and in most cases accept a restricted license with a Breath Alcohol Ignition Interlock Device (BAIID) for a period of time before full driving privileges are restored. It's a detailed process, and hearing officers look closely at your history — having someone who's done this before matters.

A first-offense OWI can be expunged under Michigan's Clean Slate law — but the waiting period is longer than for most misdemeanors: 5 years from the end of your sentence, probation, or parole, whichever is last. Multiple OWI convictions are not eligible for expungement, and cases involving death or serious injury can't be expunged either. If it's been a while since your one-and-only OWI, it's worth finding out if you qualify.

Hard. Any OWI conviction — even off-duty, in your own car — triggers a mandatory one-year CDL disqualification. A second OWI (or one OWI plus another serious violation) can mean disqualification for at least 10 years, sometimes for life. If your CDL is how you make a living, this isn't a case to handle casually or take a plea just to "get it over with."

It depends on the ticket, but paying it isn't always the "easy" option it looks like. A conviction adds points to your record, can raise your insurance premiums for years, and repeat tickets can escalate into bigger problems with your license. For a lot of tickets, there are real options — from getting it reduced to a non-moving violation to outright dismissal — that are worth at least asking about before you just pay the fine.

Do you need a doctor for your first elective surgery? Yes, you could probably watch a youtube video but no, this is not a smart way to go and the results won't be pretty. You're not required to have one, but it's rarely a good idea to go it alone — especially for an OWI, where the stakes (your license, your record, potentially your job) are high and the process has a lot of moving parts: the stop itself, field sobriety tests, breath or blood testing, and how the case is charged. A free consultation costs you nothing and at least tells you what you're actually facing.

The firm is based in Southfield and handles cases throughout Metro Detroit, including Oakland, Wayne, and Macomb counties, with experience appearing in courts across those areas. That said, I have represented clients as far north as Iron Mountain and as far south as Monroe.

CDL holders don't lose their basic rights during a stop, but the stakes are different — a violation that would be a minor inconvenience for an ordinary driver can threaten a commercial driver's livelihood. You still have the right to remain silent beyond providing your license, registration, and proof of insurance, and the right to decline field sobriety or roadside tests in many circumstances (though refusing chemical testing carries its own consequences under Michigan's implied consent law). Because the legal BAC limit for commercial drivers is 0.04% — half the standard limit — and even a violation in a personal vehicle can disqualify a CDL, commercial drivers should treat any traffic stop as higher-stakes than it might look in the moment.But tread carefully and watch my video - refusing a chemical test can ruin your CDL even if the end result is zero! I tend to advise people to cooperate and take all the tests.

Start with a free consultation before you enter a plea, if possible — whether Sobriety Court is a good option depends on your charge, your history, and the county's specific program requirements, and that's easier to sort out with an attorney who's been through the process before. From there, the firm can help evaluate eligibility, walk through what the program actually involves day-to-day, and represent you through the application and the case itself.

For an eligible first-offense OWI, the process starts with confirming you actually qualify — the 5-year waiting period, no other OWI convictions, and no death or serious injury involved. From there, it involves filing an application with the sentencing court, getting fingerprinted, notifying the prosecutor, and in most cases a hearing where a judge decides whether to grant it. It's a paperwork- and deadline-heavy process, and mistakes can mean delays or denial, which is why most people use an attorney rather than filing on their own.

I can! The Law Offices of Ezra N. Goldman, PC, based in Southfield, has handled criminal defense and OWI/DUI cases across Metro Detroit — including Oakland, Wayne, and Macomb counties — for over 30 years. Attorney Ezra N. Goldman offers a free consultation to walk through the charge, the likely range of outcomes, and what a defense could look like before you commit to anything.

The Law Offices of Ezra N. Goldman, PC is based in Southfield and has over 30 years of criminal defense experience in courts throughout Oakland, Wayne, and Macomb counties, covering OWI/DUI, traffic offenses, expungement, and related criminal matters. A free consultation is the fastest way to find out whether the firm is the right fit for your specific case.