DRUNK DRIVING

Drunk driving defense is a major part of Gerald F. Chefalo’s practice.

An OWI charge can affect your freedom, driver’s license, employment, insurance, criminal record, reputation, and future. Even a first offense can carry serious consequences. A repeat offense, high-BAC allegation, accident, injury, child passenger, commercial driver’s license issue, probation violation, or chemical-test refusal can make the case even more serious.

In Northern Michigan, alcohol-related operation cases are not limited to cars and trucks. Boating-under-the-influence allegations can also arise on inland lakes, bays, rivers, and other waters used for boating, fishing, tourism, and summer recreation.

At The Law Offices of Gerald F. Chefalo, we defend people charged with OWI, DUI, drunk driving, drugged driving, operating while visibly impaired, high-BAC offenses, alcohol-related driving offenses, boating under the influence, implied-consent refusals, and related license matters in Traverse City and throughout Northern Michigan, including Grand Traverse, Leelanau, Antrim, Benzie, Kalkaska, Charlevoix, Emmet, and Manistee Counties.

If you have been arrested for drunk driving, drugged driving, boating under the influence, or a related alcohol or controlled-substance offense, do not assume there is no defense. The traffic stop or marine stop, police investigation, field sobriety testing, preliminary breath test, arrest decision, breath test, blood test, chemical-test paperwork, video evidence, witness statements, and court procedure all need to be reviewed carefully.

Call 231-929-7744.

Quick Answer: What Should You Do After an OWI Arrest in Michigan?

If you are arrested for OWI, DUI, drunk driving, drugged driving, boating under the influence, or a chemical-test refusal in Michigan, do not assume you have no defense.

Keep all police and court paperwork. Do not post about the case online. Do not contact the officer to explain. Do not discuss the facts of the case with friends, family, or witnesses in a way that could create problems. Preserve potential video, location, medical, and witness evidence. Speak with a Michigan OWI lawyer quickly.

If you are accused of refusing a post-arrest chemical test in a motor-vehicle OWI case, you may have only 14 days from the notice date to request a Secretary of State implied-consent hearing. Missing that deadline can create separate driver’s license consequences.

Michigan OWI Laws Commonly Involved

Michigan courts generally use the term OWI, meaning operating while intoxicated. Many people search for DUI lawyer, drunk driving lawyer, or DWI lawyer, but in Michigan the statutory term is usually OWI.

Michigan drunk-driving and drugged-driving cases commonly involve MCL 257.625, which covers operating while intoxicated, operating while visibly impaired, high-BAC allegations, controlled-substance driving allegations, under-21 alcohol-related driving, and OWI offenses involving serious impairment or death.

Other common authorities include:

• MCL 257.625 — operating while intoxicated, visibly impaired driving, high BAC, controlled-substance driving, under-21 alcohol-related driving, and OWI injury/death offenses
• MCL 257.625a — preliminary breath testing, chemical-test procedures, admissibility issues, and related testing provisions
• MCL 257.625f — implied-consent refusal hearings and sanctions
• MCL 257.320a — Michigan driver’s license points
• MCL 324.80176 — operating or authorizing operation of a motorboat while under the influence, visibly impaired, with unlawful bodily alcohol content, or with certain controlled substances present
• Michigan Secretary of State rules and procedures affecting suspensions, restrictions, revocations, ignition interlock, and restoration
• Michigan Judicial Institute Traffic Benchbook guidance on drunk-driving and Section 625 offenses
• Michigan Judicial Institute Recreational Vehicles Benchbook guidance on marine-vessel offenses, including operating a motorboat while under the influence or visibly impaired

The exact charge matters. So do the facts, the test result, the timing, the stop, the operation, the officer’s observations, the videos, the testing method, prior offenses, license history, medical issues, and whether the case involves alcohol, drugs, or both.

OWI, Drunk Driving, and Boating Cases We Handle

We defend clients in a wide range of Michigan drunk-driving, drugged-driving, alcohol-related, and boating-under-the-influence cases, including:

• OWI
• DUI
• Operating while intoxicated
• Operating while visibly impaired
• High BAC / “Super Drunk” allegations
• Drugged driving
• Operating with the presence of a controlled substance
• Marijuana-related driving allegations
• Prescription-drug driving allegations
• OWI with accident allegations
• OWI causing serious injury
• OWI causing death
• Repeat OWI offenses
• Third-offense felony OWI
• Under-21 alcohol-related driving offenses
• Commercial driver / CDL-related alcohol or drug driving issues
• Implied-consent refusals
• Breath-test cases
• Blood-test cases
• Preliminary breath test issues
• Boating under the influence
• Operating a motorboat while intoxicated or visibly impaired
• Alcohol-related boating accidents
• Under-21 alcohol-related boating allegations
• Probation violations involving alcohol or driving
• Bond violations involving alcohol or testing conditions
• License sanctions and restricted-license issues
• Ignition-interlock issues
• Sobriety court and treatment-based options where available

OWI cases often connect with other legal issues. A drunk-driving charge may affect traffic points, Secretary of State license sanctions, CDL status, probation, ignition interlock, sobriety court eligibility, and future driver’s license restoration.

Our office also assists clients with related driver’s license restoration, traffic offenses, probation violations, drugged-driving allegations, boating-under-the-influence allegations, and criminal-defense matters throughout Northern Michigan.

Do Not Plead Guilty Before the Evidence Is Reviewed

Many people charged with drunk driving believe they have no defense, especially if there is a breath or blood test result.

That is often a mistake.

OWI cases involve law, science, police procedure, machine records, video evidence, constitutional issues, and licensing consequences. A test result is important, but it is not the only issue. The prosecution must still prove its case.

The defense should examine whether the traffic stop was lawful, whether the officer had probable cause to arrest, whether field sobriety tests were properly administered, whether the preliminary breath test was properly handled, whether the chemical test was reliable and admissible, and whether the evidence supports the charge actually filed.

Before entering a plea, have the case reviewed by an attorney who understands Michigan OWI law, chemical testing, license consequences, and the local court process.

What To Do Immediately After an OWI Arrest

If you have been arrested for OWI, act quickly.

Keep all paperwork given to you by police or the court. This may include:

• Ticket
• Complaint
• Bond form
• Temporary license
• Chemical-test rights form
• Implied-consent paperwork
• Datamaster or breath-test ticket
• Blood-test paperwork
• Search warrant
• Hospital paperwork
• Court notice
• Secretary of State paperwork

Write down what happened while it is fresh in your memory. Include where you were stopped, why the officer said you were stopped, what you drank or consumed, when you consumed it, whether you ate, whether you were tired or sick, what tests you were asked to perform, whether there was a breath or blood test, whether you requested a lawyer, and whether there were passengers or witnesses.

Do not post about the case online. Do not call the officer to explain. Do not contact witnesses in a way that could create problems. Do not assume the case will “go away” because it is a first offense.

Call a lawyer quickly so evidence can be preserved and deadlines can be protected.

Time Is Critical: Implied Consent and Evidence Preservation

OWI cases can involve short deadlines.

If you refused a post-arrest chemical test in a motor-vehicle OWI case, you may have only 14 days from the notice dateto request a Secretary of State implied-consent hearing. If that deadline is missed, license sanctions may be imposed automatically.

Video evidence may also need to be requested quickly. Police body-camera footage, patrol-car video, booking video, jail video, 911 recordings, dispatch recordings, surveillance footage, nearby business footage, marina video, boat-launch video, or doorbell-camera footage may not be preserved forever.

Early legal action can help identify and preserve evidence before it is lost, overwritten, or destroyed under routine retention policies.

Implied Consent and Chemical-Test Refusals

Michigan’s implied-consent law can create serious driver’s license consequences separate from the criminal OWI case.

If a person is accused of refusing a post-arrest chemical test in a motor-vehicle OWI case, the person generally has 14 days after the notice date to request a Secretary of State implied-consent hearing. If a timely hearing is not requested, licensing sanctions may be imposed.

For a noncommercial vehicle, a first refusal generally results in a one-year suspension. A second or subsequent refusal within seven years can result in a two-year suspension.

The implied-consent case is not the same as the criminal OWI case. A person can face both criminal OWI consequences and separate administrative license consequences.

The hearing issues are limited and technical. They may involve whether the officer had reasonable grounds, whether the person was properly advised of chemical-test rights, whether the person refused, and whether the refusal was reasonable under the law.

If you received implied-consent paperwork, act immediately.

Chemical-Test Rights and Independent Testing

OWI cases often involve chemical-test rights and procedures.

After arrest, police may request a breath, blood, or urine test under Michigan’s implied-consent law. The paperwork, advisement of rights, timing, and testing procedure should be reviewed carefully.

In some cases, independent testing may be relevant. A person accused of OWI should speak with counsel about any request for independent testing, how the request was handled, and whether additional evidence exists that may help interpret or challenge the prosecution’s test result.

Michigan OWI Charges

Michigan uses the term OWI, which means operating while intoxicated. Many people still use the terms DUI, DWI, OUIL, or drunk driving, but OWI is the Michigan statutory term commonly used in court.

Michigan law prohibits operating a vehicle while intoxicated on a highway, other place open to the general public, or place generally accessible to motor vehicles. A person may be charged based on alcohol, a controlled substance, another intoxicating substance, or a combination.

Michigan law also recognizes related offenses, including operating while visibly impaired, high-BAC offenses, operating with the presence of certain controlled substances, under-21 alcohol-related driving offenses, and more serious offenses involving injury, death, or repeat convictions.

The charge should be reviewed carefully because the penalties, license consequences, defenses, and negotiation options can differ significantly.

Operating While Visibly Impaired

Operating while visibly impaired is different from operating while intoxicated.

A visibly impaired charge generally focuses on whether alcohol, drugs, or another intoxicating substance visibly reduced the person’s ability to operate the vehicle. It can still carry criminal penalties, license consequences, costs, probation, testing, treatment, and long-term record consequences.

In some cases, operating while visibly impaired may be charged separately, negotiated as a reduced offense, or disputed based on the facts, driving, observations, video, and testing evidence.

High BAC / “Super Drunk” Allegations

Michigan has enhanced consequences for certain high-BAC allegations, commonly referred to as “Super Drunk” cases.

In many cases, this refers to an allegation that the person had a bodily alcohol content of 0.17 or more. A high-BAC case may involve additional license restrictions, ignition-interlock issues, treatment requirements, probation conditions, and greater sentencing exposure than an ordinary first-offense OWI.

High-BAC cases require close review of the breath or blood test, timing, observation period, testing procedure, maintenance records, operator conduct, mouth alcohol issues, medical issues, and whether the test result reliably reflects the person’s bodily alcohol content at the legally relevant time.

First Offense, Second Offense, and Felony OWI

The consequences of an OWI case depend heavily on whether the charge is a first offense, second offense, third offense, or an offense involving injury, death, a child passenger, or other aggravating facts.

A first offense can still involve jail exposure, probation, fines and costs, driver’s license sanctions, points, alcohol testing, treatment, community service, and long-term record consequences.

A second offense or third offense can create substantially greater sentencing and license consequences. A third-offense OWI is generally charged as a felony in Michigan.

Repeat-offense cases also raise important issues involving license revocation, restricted-license eligibility, sobriety court, ignition interlock, treatment history, sentencing strategy, and future driver’s license restoration.

Before any plea is entered, the exact charge, prior record, date of prior convictions, and Secretary of State driving record should be reviewed carefully.

OWI Cases Involving Accidents, Injury, or Death

An OWI allegation becomes more serious when there is an accident, injury, serious impairment of a body function, or death.

These cases may involve felony charges, accident reconstruction, medical records, toxicology evidence, causation issues, expert witnesses, restitution, victim-impact evidence, and substantially greater sentencing exposure.

The defense must examine not only alcohol or drug evidence, but also operation, causation, timing, road conditions, vehicle condition, witness statements, crash evidence, and whether the prosecution can prove every required element beyond a reasonable doubt.

Serious-injury and death cases require immediate evidence preservation and careful legal strategy.

Under-21 Alcohol-Related Driving Offenses

Drivers under 21 can face alcohol-related driving consequences at lower alcohol levels than adults.

These cases may affect driving privileges, school, employment, insurance, and future opportunities.

Young drivers and parents should not assume that an under-21 alcohol-related driving case is minor. The record, license consequences, probation terms, and long-term effect should be reviewed before any plea is entered.

Drugged Driving and Marijuana-Related Driving Cases

OWI cases are not limited to alcohol.

Michigan law also covers allegations involving controlled substances, marijuana, prescription medications, other intoxicating substances, or a combination of alcohol and drugs.

These cases can be more complicated than alcohol cases because drug presence does not always answer the key legal questions about impairment, operation, timing, dosage, tolerance, prescription use, or actual driving ability.

Drugged-driving cases may involve blood testing, toxicology reports, drug-recognition evaluations, officer observations, medical history, prescription records, and expert issues.

A lawful prescription does not automatically prevent a charge, but it may be relevant to the defense depending on the facts and the substance involved.

Boating Under the Influence in Northern Michigan

Drunk-driving allegations are not limited to cars and trucks. In Northern Michigan, alcohol-related boating cases can arise on inland lakes, bays, rivers, marinas, boat launches, and other waters used for boating, fishing, tourism, and summer recreation.

Michigan law prohibits operating a motorboat on the waters of this state while under the influence of alcohol, a controlled substance, or both. Michigan law also prohibits operating a motorboat while visibly impaired, with a bodily alcohol content of 0.08 or more, with certain controlled substances present, or, for a person under 21, with any bodily alcohol content as defined by statute.

Boating-under-the-influence cases may involve:

• Alcohol-related boat operation
• Drug-related boat operation
• Marijuana or prescription-drug allegations
• Personal watercraft or motorboat allegations
• Accidents involving boats, docks, swimmers, passengers, or other vessels
• Serious injury or death allegations
• Under-21 alcohol-related boating allegations
• Marine patrol, sheriff’s department, DNR, or Coast Guard involvement
• Breath, blood, or field-sobriety-type evidence
• Questions about who was actually operating the vessel
• Questions about whether the vessel was underway, anchored, docked, idle, drifting, or otherwise secured

A boating-under-the-influence case should be reviewed carefully. The defense may involve operation, location, field observations, chemical testing, witness statements, accident evidence, marine-safety rules, weather, water conditions, lighting, boat condition, passenger statements, and whether the prosecution can prove every required element.

If you were accused of boating under the influence, operating a boat while intoxicated, operating a motorboat while visibly impaired, or causing a boating accident involving alcohol or drugs, do not assume it is a minor matter. These cases can carry criminal, boating-privilege, insurance, restitution, and long-term consequences.

Invalid Stops and Unlawful Detentions

An OWI investigation often begins with a traffic stop.

The officer must have a lawful basis for the stop, such as reasonable suspicion or observation of a traffic violation. The claimed reason for the stop should be examined carefully.

Common allegations include lane violations, speeding, equipment violations, obstructed plate or registration issues, failure to signal, erratic driving, accident investigation, or leaving a bar or restaurant area.

Police video can be critical. Body-camera and patrol-car footage may confirm, weaken, or contradict the officer’s stated reason for the stop.

If the stop was unlawful, evidence obtained afterward may be subject to challenge.

Driving Does Not Always Prove Intoxication

The way a person drives matters, but not every driving mistake proves intoxication.

People may speed, drift, brake late, miss a turn, touch a lane marker, drive cautiously, or commit a traffic infraction for reasons unrelated to alcohol or drugs.

Fatigue, weather, road conditions, unfamiliar roads, distraction, mechanical issues, medical issues, and innocent driving errors may all matter.

The defense should compare the officer’s report with the video evidence, road conditions, traffic conditions, and the actual driving pattern.

Field Sobriety Tests

Police often ask drivers to perform field sobriety tests during an OWI investigation.

The standardized field sobriety tests commonly associated with OWI investigations include the horizontal gaze nystagmus test, walk-and-turn test, and one-leg-stand test. These tests are supposed to be administered and interpreted according to specific training and protocols.

Field sobriety testing should be reviewed carefully. Issues may include:

• Whether the officer was properly trained
• Whether the tests were properly explained
• Whether the surface was level and safe
• Whether lighting or weather affected performance
• Whether footwear mattered
• Whether age, weight, injury, disability, medical condition, anxiety, fatigue, or balance issues affected performance
• Whether the officer gave correct instructions
• Whether the officer scored the test properly
• Whether the video supports the officer’s report
• Whether nonstandard tests were used
• Whether the officer reached conclusions too quickly

Field sobriety tests are not perfect. They are evidence to be examined, not automatic proof of guilt.

Preliminary Breath Tests

A preliminary breath test, often called a PBT, is usually administered on the roadside before arrest.

A PBT may be used by police as part of the probable-cause decision. PBT issues may include whether the device was approved, properly maintained, properly administered, and used for a legally permissible purpose.

The PBT is different from the post-arrest evidentiary breath test. The roadside PBT should not be treated as the same thing as a formal chemical test administered after arrest.

If the arrest depended heavily on the PBT, the defense should review whether the PBT was properly requested, administered, documented, and used.

Breath Testing

After an OWI arrest, police may request a post-arrest breath test.

Breath testing can involve strict administrative rules, observation requirements, operator procedures, machine records, calibration checks, maintenance records, test tickets, simulator solution records, error messages, and documentation.

Breath-test issues may include:

• Whether the observation period was followed
• Whether mouth alcohol affected the result
• Whether the operator followed training
• Whether the machine was properly maintained
• Whether the test was properly documented
• Whether the test results were within required parameters
• Whether there were error messages or irregularities
• Whether the test result matches the timing, drinking pattern, and other evidence
• Whether medical issues such as GERD, diabetes, vomiting, belching, or other conditions affected reliability

A breath-test number should not be accepted without review.

Blood Testing

Some OWI cases involve blood testing instead of breath testing.

Blood testing may occur after an accident, alleged drugged driving, serious-injury case, hospital visit, refusal followed by a warrant, or other circumstances.

Blood cases may involve search warrants, consent issues, blood draw procedure, chain of custody, sample handling, laboratory testing, toxicology interpretation, timing, retrograde extrapolation, and expert analysis.

Blood testing can be powerful evidence, but it is not immune from challenge. The defense should review how the sample was obtained, stored, transported, tested, reported, and interpreted.

Rising Alcohol and Timing Issues

Timing can matter in an OWI case.

A chemical test is taken after the driving. The legally important question is the person’s condition at the time of operation.

In some cases, alcohol absorption, timing of drinking, food consumption, body chemistry, delay between driving and testing, and rising alcohol levels may affect how the test result should be interpreted.

This is especially important when the test result is close to a legal threshold or when the evidence suggests recent consumption.

Medical and Physical Issues

Medical and physical conditions can affect an OWI investigation.

Balance problems, injuries, neurological conditions, eye conditions, fatigue, anxiety, panic, diabetes, GERD, acid reflux, dental work, breathing issues, illness, prescription medications, and other conditions may affect field sobriety performance, officer observations, breath testing, or blood testing.

These issues should be discussed with counsel and documented when relevant.

Bond Conditions, Alcohol Testing, and Pretrial Restrictions

After an OWI arrest, the court may impose bond conditions while the case is pending.

Conditions may include no alcohol, no marijuana or controlled substances, random testing, preliminary breath testing, remote alcohol monitoring, travel restrictions, no driving without a valid license, ignition interlock, or attendance at treatment or support meetings.

Bond conditions must be followed carefully. A violation can lead to bond revocation, jail, additional restrictions, or a worse position in the case.

If a bond condition is unreasonable, impossible to comply with, or interferes with work, medical needs, family obligations, or lawful travel, an attorney may be able to ask the court to review or modify the condition.

Evidence That Should Be Reviewed

A careful OWI or boating-under-the-influence defense may require review of more than the police report.

Relevant evidence may include:

• Police report
• Ticket or complaint
• Body-camera video
• Patrol-car video
• Marine patrol video
• Booking video
• Jail video
• 911 recordings
• Dispatch recordings
• Field sobriety test video
• PBT documentation
• Breath-test ticket
• Breath-machine maintenance records
• Operator records
• Calibration or accuracy-check records
• Blood-test report
• Toxicology records
• Search warrant and affidavit
• Hospital or EMS records
• Tow records
• Marina records or boat-launch information
• Witness statements
• Bar, restaurant, store, gas-station, marina, or boat-launch video
• Doorbell-camera footage
• Phone location data
• Text messages
• Photos of the scene
• Weather, road, and water conditions
• Vehicle or boat records
• Medical records where relevant

Important evidence can disappear quickly. Early defense work matters.

Driver’s License Consequences

An OWI case is also a driver’s license case.

License consequences may come from the criminal conviction, an implied-consent refusal, repeat-offense status, high-BAC allegations, CDL issues, or other Secretary of State action.

Depending on the case, a person may face suspension, restriction, revocation, ignition-interlock requirements, points, reinstatement issues, insurance consequences, or future license-restoration problems.

Do not assume that the criminal court and the Secretary of State are the same process. They are connected, but they are not identical.

Before resolving an OWI case, license consequences should be reviewed carefully.

OWI Convictions and Future License Restoration

Repeat alcohol-related driving convictions can lead to driver’s license revocation and future restoration requirements through the Michigan Secretary of State.

A second or subsequent OWI can affect not only the criminal case, but also future eligibility for restricted driving, ignition interlock, sobriety court licensing options, and license restoration.

Before resolving a repeat OWI case, the driver’s license consequences should be reviewed carefully. A plea or conviction may affect when and how a person can seek restoration, what evidence will be needed, and whether the person may later have to prove sobriety, stability, and low risk of repeat impaired driving.

Because multiple drunk-driving convictions are a common reason for license revocation, OWI defense and driver’s license restoration should be considered together whenever repeat offenses are involved.

CDL and Commercial Driver Issues

OWI and alcohol-related driving allegations can be especially serious for commercial drivers.

A CDL holder may face consequences even if the person was driving a personal vehicle at the time of the offense. Commercial-motor-vehicle cases may also involve separate alcohol thresholds and out-of-service consequences.

Commercial-driver consequences can affect employment, income, future licensing, and the ability to continue working in transportation.

CDL issues should be reviewed before any plea is entered.

Out-of-State Drivers

Out-of-state drivers charged with OWI in Michigan may face consequences in Michigan and in their home state.

The court case may be in Michigan, but the person’s home-state licensing authority may take separate action. Travel, court appearances, bond conditions, license restrictions, and reporting obligations can create practical problems.

Out-of-state drivers should obtain legal advice before assuming they can simply pay a fine or resolve the case from home without consequences.

Sobriety Court and Treatment-Based Options

In appropriate cases, sobriety court or treatment-based options may be available.

These programs may provide structure, supervision, treatment, testing, and in some circumstances restricted-license opportunities. They are not available in every case, and participation can involve significant obligations.

For some clients, treatment-based options may be an appropriate path. For others, the case should be challenged, negotiated differently, or prepared for hearing or trial.

The right approach depends on the facts, history, charge, court, prosecutor, judge, and client goals.

How OWI and Boating-Under-the-Influence Cases Are Defended

Every OWI or boating-under-the-influence case should be evaluated individually.

Defense work may include:

• Challenging the traffic stop, marine stop, or detention
• Challenging probable cause for arrest
• Reviewing field sobriety testing
• Challenging PBT use or procedure
• Reviewing body-camera, patrol-car, or marine patrol video
• Reviewing breath-test procedure
• Reviewing blood-test procedure
• Reviewing machine and maintenance records
• Reviewing laboratory records
• Reviewing medical issues
• Reviewing timing and rising-alcohol issues
• Reviewing operation, location, and causation in boating cases
• Preserving 911, dispatch, marina, boat-launch, and video evidence
• Filing motions to suppress evidence
• Negotiating charge reductions where appropriate
• Preparing for trial
• Preparing sentencing mitigation when needed
• Addressing license or boating-privilege consequences
• Addressing treatment, sobriety court, or restricted-license options where available

Some cases are resolved through negotiation. Some require motions. Some require trial. Some require a careful sentencing and license strategy.

The defense should fit the case.

Possible Outcomes Depend on the Facts

OWI and boating-under-the-influence cases can resolve in different ways depending on the facts, evidence, charge, test result, prior record, prosecutor, judge, court, and client goals.

Possible outcomes may include dismissal, suppression of evidence, reduction of the charge, plea agreement, sentencing agreement, sobriety court, restricted-license strategy, trial, or sentencing advocacy.

No lawyer can guarantee a result.

The goal is to identify weaknesses in the prosecution’s case, protect your license and record where possible, reduce unnecessary penalties, and pursue the best lawful outcome available under the facts.

Pleas, Reductions, Trials, and Sentencing

Not every OWI case goes to trial. Many cases are resolved through dismissal, reduction, negotiated plea, sobriety court, or sentencing agreement where legally available and appropriate.

A plea should not be entered casually. Before entering a plea, a person should understand the charge, factual basis, license consequences, possible jail, probation, fines and costs, testing, treatment, ignition interlock, points, insurance impact, employment impact, CDL consequences, immigration consequences for noncitizens, and long-term record consequences.

If the case goes to trial, the prosecution has the burden of proof beyond a reasonable doubt. The accused is presumed innocent unless and until proven guilty.

If a conviction occurs, sentencing preparation matters. The court may consider the offense, prior record, test result, driving or operation, accident history, treatment needs, victim impact where applicable, employment, family obligations, compliance with bond, and other relevant information.

OWI Convictions and Record Consequences

An OWI conviction can have long-term consequences.

Some first-offense OWI convictions may later be eligible to be set aside under Michigan law if statutory requirements are met. Eligibility is limited. Only one qualifying OWI offense may be set aside in a person’s lifetime. OWI offenses involving injury or death are excluded, and repeat OWI offenses generally do not qualify.

A set-aside also does not erase the need to address Secretary of State driving-record or license-restoration consequences.

Do not assume that an OWI conviction will simply disappear after probation ends. The best time to think about long-term record consequences is before a plea is entered.

Local OWI and Boating-Under-the-Influence Defense in Northern Michigan Courts

OWI, drunk-driving, and boating-under-the-influence cases are handled differently depending on the county, court, judge, prosecutor, police agency, probation department, charge, test result, prior record, and facts.

The Law Offices of Gerald F. Chefalo defends OWI, drunk-driving, drugged-driving, and boating-under-the-influence cases in Traverse City and throughout Northern Michigan, including:

• Grand Traverse County
• Leelanau County
• Antrim County
• Benzie County
• Kalkaska County
• Charlevoix County
• Emmet County
• Manistee County
• Wexford

Local knowledge matters. Bond practices, testing requirements, plea negotiations, sobriety court options, probation expectations, sentencing practices, license-related issues, and boating-related enforcement practices can vary from county to county.

Talk to a Traverse City OWI Attorney

A drunk-driving arrest is not a conviction. A breath test or blood test is not the end of the analysis. The stop, investigation, arrest, testing, evidence, and license consequences all need to be reviewed.

Gerald F. Chefalo defends OWI, DUI, drunk driving, drugged driving, high-BAC, implied-consent refusal, breath-test, blood-test, repeat-offense, boating-under-the-influence, and alcohol-related operation cases throughout Northern Michigan.

If you have been arrested for OWI, charged with drunk driving, accused of boating under the influence, refused a chemical test, or received court or Secretary of State paperwork, call immediately.

Call The Law Offices of Gerald F. Chefalo at 231-929-7744.

Legal Authorities and Michigan Sources Considered

This page is based on Michigan OWI and traffic law, Secretary of State license procedures, implied-consent law, chemical-test procedures, Michigan marine-safety law, and Michigan criminal-defense practice.

Relevant Michigan authorities include:

• MCL 257.625 — operating while intoxicated, operating while visibly impaired, high BAC, controlled-substance driving, under-21 alcohol-related driving, and OWI injury/death offenses
• MCL 257.625a — preliminary breath testing, chemical-test procedures, admissibility, and related provisions
• MCL 257.625f — implied-consent refusal hearings and sanctions
• MCL 257.320a — Michigan driver’s license points
• MCL 324.80176 — operating or authorizing operation of a motorboat while under the influence, visibly impaired, with unlawful bodily alcohol content, or with certain controlled substances present
• MCL 780.621c — limitations on setting aside certain convictions, including OWI-related set-aside issues
• Michigan Judicial Institute Traffic Benchbook — judicial guidance on drunk-driving, traffic, and Section 625 offenses
• Michigan Judicial Institute Recreational Vehicles Benchbook — marine-vessel offenses, including operating a motorboat while under the influence or visibly impaired

Legal Disclaimer

This page provides general information about Michigan OWI, DUI, drunk driving, drugged driving, boating under the influence, implied consent, breath testing, blood testing, driver’s license consequences, and related criminal-defense issues. It is not legal advice for any specific case. Reading this page does not create an attorney-client relationship. If you have been arrested, charged, or received court or Secretary of State paperwork, speak with a lawyer about your specific facts before taking action.

Legal content reviewed for Michigan law as of June 2026.