DUI Lawyer in Grand Rapids, Michigan — Aggressive OWI Defense
If you just got pulled over, blew into a breathalyzer, and watched an officer put handcuffs on your wrists — I know exactly what you’re feeling right now. Fear. Embarrassment. Uncertainty about what comes next.
Here’s what comes next: you call me.
I’m Shawn Haff, and I’ve been defending OWI and drunk driving cases in Grand Rapids for over 25 years. I’ve handled thousands of these cases. I know every trick the prosecution uses, every weakness in their evidence, and every opportunity to get your charges reduced or dismissed.
The call is free. I’m available 24/7.
Understanding Michigan’s Drunk Driving Laws
Michigan doesn’t call it “DUI” — the legal term is Operating While Intoxicated (OWI) under MCL 257.625. But whether you call it DUI, DWI, or OWI, the consequences are the same: jail time, license suspension, fines, and a criminal record.
Michigan law defines several levels of impaired driving:
Operating While Visibly Impaired (OWVI)
A lesser charge that means your ability to drive was visibly impaired by alcohol or drugs. This is often a negotiation target — getting an OWI reduced to OWVI can make a significant difference in penalties.
Operating While Intoxicated (OWI)
The standard drunk driving charge. You can be charged with OWI if:
- Your blood alcohol content (BAC) is 0.08% or higher
- You are impaired by alcohol, drugs, or a combination — regardless of BAC
- You are impaired by any intoxicating substance
Super Drunk / High BAC (MCL 257.625(1)(c))
If your BAC is 0.17% or higher, you face Michigan’s enhanced “Super Drunk” penalties. This carries up to 180 days in jail, fines up to $700, 1 year license suspension (with no driving at all for the first 45 days), mandatory alcohol treatment, and an ignition interlock device. I’ve written an entire page on super drunk OWI defense — read it if this applies to you.
OWI With a Child Under 16 (Child Endangerment)
Operating while intoxicated with a minor passenger is a separate, more serious offense carrying up to 1 year in jail even on a first offense.
The Arrest Process: What You Need to Know
First Offense OWI
- Up to 93 days in jail
- Fines up to $500
- Up to 360 hours of community service
- 180-day license suspension (restricted license available after 30 days)
- Possible ignition interlock device
- 6 points on your driving record
A first offense is serious — but it’s also the most defensible. I’ve gotten countless first offense OWI charges reduced or dismissed. Don’t plead guilty without talking to me first.
Second Offense OWI (Within 7 Years)
- 5 days to 1 year in jail
- Fines of $200 to $1,000
- 30 to 90 days of community service
- License revocation (minimum 1 year)
- Vehicle immobilization or forfeiture
- Mandatory ignition interlock (1 year minimum)
A second OWI is a misdemeanor, but judges treat it like a felony. The jail time is almost guaranteed without aggressive representation.
Third Offense OWI (Felony)
- 1 to 5 years in prison (or probation with 30 days to 1 year in jail)
- Fines of $500 to $5,000
- License revocation (minimum 5 years)
- License plate confiscation
- Vehicle immobilization (1-3 years) or forfeiture
- Mandatory ignition interlock
A third offense OWI is a felony. You are facing prison. This is not the time for a cheap lawyer or a public defender who’s juggling 200 cases. This is the time for a fighter. Call me.
Chemical Tests: Breath, Blood, and Your Rights
Understanding the chemical test process is critical to your defense:
Preliminary Breath Test (PBT)
The roadside breath test is a screening tool only. PBT results are not admissible at trial in Michigan — they can only be used to establish probable cause for arrest. Refusing a PBT is a civil infraction, not a crime.
DataMaster / Evidentiary Breath Test
The DataMaster breath test administered at the police station is admissible. However, these machines are only as reliable as their maintenance. I routinely subpoena calibration logs, maintenance records, and operator certifications. Errors in any of these areas can make results inadmissible.
Blood Tests
Blood draws must follow strict protocols — proper chain of custody, qualified personnel drawing the blood, correct preservatives, and proper storage. Contamination, fermentation, and lab errors are more common than the prosecution wants you to believe.
Implied Consent and Refusal
Under Michigan’s implied consent law, refusing a chemical test at the station triggers an automatic 1-year license suspension and 6 points on your driving record. However, refusal doesn’t mean the case is over — the prosecution simply has less evidence. Whether you refused or complied, I have strategies for both scenarios.
How I Beat OWI Charges
I don’t just review the police report and negotiate a plea. I tear the prosecution’s case apart piece by piece:
Challenging the Traffic Stop:
Police need reasonable suspicion to pull you over. Weaving within your lane, driving slowly, or leaving a bar parking lot are not sufficient. If the stop was illegal, everything that follows gets thrown out.
Attacking the Field Sobriety Tests:
The Standardized Field Sobriety Tests (SFSTs) — the walk-and-turn, one-leg stand, and horizontal gaze nystagmus — are unreliable and subjectively scored. Weather conditions, uneven pavement, medical conditions, nervousness, and improper administration all create reasonable doubt.
Challenging the Breathalyzer:
DataMaster machines must be properly calibrated and maintained. I subpoena maintenance records, operator certifications, and calibration logs. If anything is off, the results are unreliable — and I move to suppress them.
Blood Test Challenges:
Blood draws must follow strict chain-of-custody and testing protocols. Contamination, fermentation, and lab errors happen more than you’d think, and I hire independent experts to identify them.
Rising Blood Alcohol Defense:
Your BAC at the time of driving may have been below the legal limit, even if it tested higher at the station. Alcohol takes 30-90 minutes to fully absorb, and I use toxicology experts to prove your BAC was rising — not at its peak — when you were behind the wheel.
Medical Conditions:
Diabetes, GERD (acid reflux), certain diets, and other medical conditions can produce falsely high breath test readings. I identify these factors and bring in expert testimony.
Constitutional Violations:
Illegal searches, Miranda violations, and improper arrest procedures all give me ammunition to suppress evidence and weaken the prosecution’s case.
OWI and Your Driver’s License
Losing your license can be more devastating than the criminal penalties. You can’t get to work. You can’t take your kids to school. Your life stops.
I fight to protect your driving privileges at every stage — from the initial implied consent hearing to license restoration after revocation. If you’ve already lost your license, I can help you get it back. Learn about my license restoration practice.
OWI Expungement — A Second Chance
As of 2021, Michigan allows first-offense OWI expungement under certain conditions. If you have an old OWI on your record, I may be able to get it erased. I’ve maintained a 100% success rate on expungements. Learn more about OWI expungement.
Courts Where I Defend OWI Cases
I handle drunk driving cases across every major court in West Michigan:
- 63rd District Court and 61st District Court (Grand Rapids)
- 62B District Court (Kentwood)
- 59th District Court (Grandville/Walker)
- 17th Circuit Court (Kent County — felony OWI)
- 58th District Court (Holland)
- 60th District Court (Grand Haven)
- 56B District Court (Hastings/Barry County)
- 57th District Court (Allegan)
- 64A District Court (Ionia)
- 7th District Court (Paw Paw/Van Buren County)
I know these courts, I know these judges, and I know what it takes to win in each one.
My Track Record Speaks
Our firm has handled over 1,500 criminal defense cases — delivering acquittals, dismissals, charge reductions, and favorable plea agreements — and a significant portion of those are OWI cases. Visit my results page to see specific case outcomes.
When prosecutors in Kent County see my name on a case, they know they’re in for a fight. That reputation alone leads to better plea offers and more favorable outcomes for my clients — often before we ever get to trial.
Don’t plead guilty. Don’t talk to police. Call me at 616-438-6719 right now. The consultation is free, and I’m available 24/7. Let me review your case and tell you exactly what we’re working with.
Frequently Asked Questions
What is the difference between DUI and OWI in Michigan?
Michigan uses the term OWI (Operating While Intoxicated) instead of DUI. They refer to the same offense — driving under the influence of alcohol or drugs. Under MCL 257.625, you can be charged with OWI if your BAC is 0.08% or higher, or if your ability to operate a vehicle is impaired by any intoxicating substance.
What are the penalties for a first offense DUI in Michigan?
A first offense OWI in Michigan carries up to 93 days in jail, fines up to $500, up to 360 hours of community service, a 180-day license suspension with restricted driving available after 30 days, possible ignition interlock device, and 6 points on your driving record. An experienced defense attorney can often get charges reduced or dismissed.
Can a DUI be expunged in Michigan?
Yes. Since 2021, Michigan allows first-offense OWI convictions to be expunged after a waiting period. You must meet eligibility requirements and petition the court. Attorney Shawn Haff has a 100% success rate on expungement petitions and can evaluate whether your OWI qualifies for record clearing.
How does a Grand Rapids DUI lawyer challenge breathalyzer results?
A skilled DUI lawyer challenges breathalyzer results by subpoenaing the DataMaster machine’s calibration records, maintenance logs, and operator certifications. If the machine wasn’t properly maintained or the operator wasn’t certified, the results may be suppressed. Rising blood alcohol and mouth alcohol defenses can also undermine breathalyzer evidence.
Is a third DUI a felony in Michigan?
Yes. A third OWI offense in Michigan is a felony regardless of when prior convictions occurred. It carries 1 to 5 years in prison, fines up to $5,000, license revocation for a minimum of 5 years, and vehicle forfeiture. Felony OWI requires immediate, aggressive legal defense to avoid prison time.