OWI / Drunk Driving Defense — Grand Rapids & West Michigan

Operating While Intoxicated (OWI) is Michigan's drunk driving charge. A conviction results in license suspension, fines, possible jail time, and a permanent criminal record. For commercial drivers, a conviction can end a career. Maesen Law has handled OWI and traffic crime cases throughout West Michigan for over 20 years, and Ryan Maesen will personally evaluate your case to find every available defense.

OWI Penalties in Michigan

First Offense OWI — MCL 257.625

• Up to 93 days in jail
• $100–$500 fine plus court costs
• License suspension: 30 days, then 150 days restricted
• Up to 360 hours community service
• Possible vehicle immobilization and ignition interlock

Second Offense OWI (within 7 years)

• 5 days to 1 year in jail (5 days mandatory)
• $200–$1,000 fine
• License revocation: minimum 1 year
• Vehicle immobilization for 90–180 days
• Ignition interlock required on any restricted license

Third Offense OWI (Felony)

• 1–5 years in prison or 30 days to 1 year in jail
• $500–$5,000 fine
• License revocation: minimum 1 year (5 years if second conviction was within 7 years)
• Vehicle forfeiture possible

Super Drunk — High BAC OWI (MCL 257.625(1)(b))

If your blood alcohol content was .17 or higher, Michigan charges Super Drunk OWI, which carries enhanced penalties even for a first offense: up to 180 days in jail, fines up to $700, and a mandatory 45-day license suspension followed by 320 days restricted with required ignition interlock. Challenging the accuracy of the BAC result is especially important in these cases.

CDL Holders — Additional Consequences

Commercial driver's license holders face a one-year disqualification for a first OWI (three years if carrying hazardous materials), and a lifetime CDL disqualification for a second OWI offense. Because federal FMCSA rules apply regardless of the outcome of any hardship license petition, CDL holders have significantly more at stake and need experienced defense counsel from the outset.

Defense Strategies

Breathalyzer Accuracy Challenges

The DataMaster breathalyzer used in Michigan must be properly calibrated and maintained. Testing operator certification, calibration records, and the specific conditions of your test can reveal grounds to challenge the BAC result. Mouth alcohol contamination, medical conditions such as GERD, and improper observation periods before testing are recognized sources of false high readings.

Field Sobriety Tests

Standard field sobriety tests (walk-and-turn, one-leg stand, HGN) are not pass/fail with a fixed threshold — they are subjective assessments by the officer. Physical conditions, footwear, road surface, lighting, and anxiety all affect performance. The officer's training records and dashcam footage are critical tools in challenging the test results.

Rising Blood Alcohol Defense

Alcohol absorption continues after you stop drinking. If you had your last drink shortly before driving, your BAC at the time of the test — which may be taken hours after the stop — can be higher than your BAC while behind the wheel. An expert can calculate the actual BAC at the time of driving.

Traffic Stop Validity

Police must have a reasonable, articulable suspicion to stop your vehicle. If the stop was pretextual or lacked valid justification, all evidence from the stop — including the field sobriety test and BAC result — may be suppressed.

Driver's License After OWI

If your license was revoked (second or third offense), you must petition the Secretary of State's Driver Assessment and Appeal Division (DAAD) for restoration. This is a separate process from the criminal case, with its own evidentiary requirements. Learn more about driver's license restoration.

Contact Maesen Law

Time-sensitive evidence — video footage, breathalyzer calibration records, and witness recollections — becomes harder to obtain as time passes. Call (616) 821-7691 or contact Maesen Law online to discuss your case. We represent clients in Grand Rapids, Wyoming, Kentwood, and throughout West Michigan.