Operating While Visibly Impaired Defense Lawyers in Michigan

Operating While Visibly Impaired, or OWVI, in Michigan is almost never charged from the beginning. However, it’s commonly offered to a first offender of OWI. If you’re facing charges, immediately speak with an experienced OWVI attorney.

Are you facing OWVI charges? Unhappy with your current OWVI attorney? Request a free consultation now.

Definition of Operating While Visibly Impaired (OWVI) in Michigan

This offense isn’t associated with a blood alcohol content level, such as .06.

It’s never charged as the original offense, because those that are under the legal limit of .08 for OWI aren’t usually impaired or intoxicated.

This offense is primarily used for plea bargaining purposes, typically on first offense cases, but occasionally used on defendants with multiple prior offenses.

OWVI in Michigan means a person’s ability to operate a motor vehicle was visibly impaired from the alcohol or controlled substances (drugs) that were consumed.

In other words, the driver operated the vehicle with less ability than an ordinary careful driver would.

The driving impairment must be visible, meaning it was noticed by another person (like a police officer).

A factual basis can be determined by the performance of the field sobriety tests, not necessarily by observation of the driving alone.

Are you facing OWVI charges? Unhappy with your current OWVI attorney? Request a free consultation now.

Conviction Penalties

The penalties for OWVI in Michigan are slightly less severe than OWI.

However, it’s still punishable by up to 93 days in jail.

There’s a potential vehicle immobilization, but it’s unlikely.

The likely penalties are:

• four points (as opposed to six for OWI) added to a driving record,
• 90-day restricted license (as opposed to 180 days for OWI),
• up to 360 hours of community service, and
• the maximum fine is $300 (driver responsibility fees have been abolished) plus court costs.

The court can also impose up to two (2) years of probation, although one (1) year is typical.

Is OWVI a Good Result?

For some first offenders who care a lot about keeping their driver license, OWVI in Michigan is a good result.

It allows a restricted license for 90 days with no initial suspension period.

The reduced license penalty is the biggest benefit.

The reduction from six to four points and the reduction of the fine from $500 to $300 is negligible.

Neither is a game changer.

The reality is by rejecting the OWVI plea and fighting the case, the worst thing that can happen is a 30-day flat license suspension.

Everything else is almost the same.

The question becomes, why not fight the case if there are good issues to litigate?

This is why a great OWVI attorney and team is necessary, as they’ll provide their client with reasonable arguments to fight a case.

If you don’t fight, you can’t win.

When a defendant is provided all of their alternatives, they can make an informed decision and not just be stuck with what their inexperienced lawyer says (who is doing nothing more than what the prosecutor says).

Therefore, an OWVI can be a good result, but not always.

How To Obtain the Minimum Amount of Probation

First-time OWI offenses usually carry a one-year probationary term.

Every judge is different about their policies.

In order to reduce a probation term to less than one (1) year, it’s necessary to know the judge and what can persuade them to do so.

Oftentimes, a good DUI defense lawyer will suggest to the judge to consider early termination after six (6) months.

The lawyer will file a motion at the appropriate time to request early termination.

It would be necessary for the defendant to have paid all fines and costs, performed all community service, never failed a drug or alcohol test, and always shown up on time and respectfully.

It also helps to have the prosecutor’s consent, but it isn’t always necessary.

It’s usually necessary to have the probation officer’s consent.

Request a free consultation by calling us now at (248) 206-5397.