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Facing Your First OWI in Michigan? Here’s What to Expect and How to Clear Your Record

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A first offense for Operating While Intoxicated (OWI) in Michigan is a serious matter. The Michigan Department of State outlines tough consequences, even for first-time offenders — including a mandatory six-month license suspension. While you may become eligible for a restricted license after 30 days, those with a blood alcohol concentration (BAC) of .17 or higher face even steeper penalties, including:

  • A one-year license suspension (with eligibility for a restricted license after 45 days)

  • Court-ordered rehab programs

  • Between five days and one year in jail

  • A $125 license reinstatement fee

  • A $1,000 Driver Responsibility Fee for two consecutive years

These penalties can impact your finances, freedom, and future — making it critical to take strategic steps after an OWI arrest.

Steps to Take After a First OWI Arrest

If you’ve been charged with OWI for the first time, here are key actions you should take:

  • Contact a defense attorney immediately to protect your rights and guide you through the legal process.

  • Review the traffic stop with your lawyer. If the officer pulled you over without probable cause or violated your constitutional rights, evidence may be thrown out.

  • Decide how to plead. Your attorney can advise whether a guilty plea or a not-guilty plea is in your best interest, based on the strength of the case.

  • File pre-trial motions, such as a motion to suppress unlawfully obtained evidence or a motion to dismiss if the prosecution lacks sufficient evidence.

  • Prepare your case for trial, if you choose to fight the charges. A strong defense might include expert witnesses or challenges to the prosecution’s evidence.

The ultimate goal is either to avoid a conviction or to mitigate the penalties as much as possible.

Trial Strategy: Bench Trial vs. Jury Trial

One important decision in the court process is whether to opt for a bench trial or a trial by jury:

  • A bench trial is heard and decided by a judge.

  • A jury trial involves presenting your case to a jury of your peers.

While television shows often highlight jury trials, in reality, jury trials have become less common, even in DUI cases. According to a New York Times report, jury trials are rare at both the federal and state levels, often due to plea deals encouraged by the threat of harsher sentences.

Still, there are valid reasons to consider either option. Bench trials may move faster and be less expensive, but a jury trial could be more favorable if you believe a group of peers will better understand your side of the story. Your attorney will help you determine which path makes the most sense based on the facts of your case.

Can a First OWI Conviction Be Expunged in Michigan?

Yes — thanks to recent changes in Michigan law, it’s now possible to expunge a first-time OWI conviction. This is a major shift, as OWI offenses previously stayed on a person’s record for life, affecting employment, housing, and other opportunities.

On August 24, 2021, Governor Gretchen Whitmer signed a law allowing those with a single conviction for any of the following offenses to apply for expungement:

  • Operating While Intoxicated

  • Operating While Visibly Impaired

  • Allowing an Intoxicated Person to Operate a Motor Vehicle

  • Operating With the Presence of Drugs

  • Person Under 21 Operating with the Presence of Any Alcohol (Zero Tolerance)

Expungement Eligibility Requirements

Before you can apply to have your OWI conviction set aside, you must wait five years from the latest of the following events:

  • Sentencing date

  • Completion of probation

  • Completion of any jail or prison time

A judge will review your application and consider whether you’ve engaged in rehabilitative or educational programs. If the court is convinced that you’ve taken meaningful steps toward rehabilitation, your conviction may be set aside — though it will remain on your driving record, and any court-ordered restitution must still be paid.

Legal Help Is Available

If you’ve been arrested for a first-time OWI — or if you’re looking to clear a past conviction — the experienced attorneys at Manley & Manley PLLC are here to help. We’ll fight to protect your rights, minimize the penalties you face, and guide you through the expungement process if you’re eligible.

Call our Flint office at (810) 374-0240 to get started on building your defense or clearing your record.

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