The Criminal Defense Law Center of
West Michigan

First Offense OWI in Michigan — What You Need to Know Right Now

A first-offense OWI in Michigan is not a slap on the wrist. It’s a criminal misdemeanor that can land you in jail, strip your license, and haunt your record for years. But here’s what the prosecutors won’t tell you: a first offense OWI is also the most defensible charge I handle.

I’m Shawn Haff, and I’ve been defending first-offense OWI cases across West Michigan for over 25 years. Our firm has handled over 1,500 criminal defense cases — delivering acquittals, dismissals, charge reductions, and favorable plea agreements — and many of those came from clients facing their very first OWI charge who thought their case was hopeless. It wasn’t. Yours probably isn’t either.

Call me now at 616-438-6719.

The call is free. I’m available 24/7.

First Offense OWI Penalties Under Michigan Law

Under MCL 257.625, a first-offense OWI is a misdemeanor carrying these maximum penalties:

  • Up to 93 days in jail
  • Fines of $100 to $500 (plus court costs, fees, and surcharges that can push the total well over $1,000)
  • Up to 360 hours of community service
  • 6 points on your Michigan driving record
  • Driver’s license suspension: 30-day hard suspension followed by 150 days of restricted driving
  • Mandatory alcohol screening and possible substance abuse treatment
  • Driver Responsibility Fees (two years of additional state-imposed fees)
  • Possible vehicle immobilization

Beyond the courtroom penalties, a first-offense OWI conviction will increase your auto insurance rates by $5,000 to $10,000 over 3 to 7 years. Some insurance companies will drop you entirely. Employers who run background checks will see the conviction. And if you need to travel to Canada, you will be denied entry — Canada treats OWI as a serious criminal offense.

What Happens After a First OWI Arrest — Step by Step

Arrest and Booking

After your arrest, you’ll be taken to the police station for booking and a Datamaster breath test or blood draw. You’ll typically be held until you’re sober enough to be released, or until someone posts bond.

Arraignment

Within days of your arrest, you’ll be arraigned in district court. This is where the judge reads the charges, sets bond conditions, and imposes any preliminary restrictions. Bond conditions for a first-offense OWI often include:

  • No alcohol or drug use (enforced by random testing)
  • No leaving the state without court permission
  • Possible tether or SCRAM bracelet

I make every effort to appear at arraignment with my clients. Having an attorney at this stage sets the tone for the entire case.

License Suspension Timeline

This is where most people panic — and for good reason. After a first-offense OWI conviction or guilty plea, your license faces:

  • 30 days of hard suspension — you cannot drive at all, for any reason
  • 150 days of restricted driving — you can drive to work, school, court, and treatment only

If you refused the chemical test, you face a one-year suspension under Michigan’s implied consent law — but even that can be challenged. Time is critical. You must act within 14 days of arrest to request a hearing.

Pre-Trial and Negotiations

This is where I do my most aggressive work. I review every piece of evidence — the dashcam footage, the officer’s report, the breath or blood test records, the calibration logs, the 15-minute observation period documentation. If there’s a weakness in the prosecution’s case, I will find it.

How I Beat First Offense OWI Charges

Challenge the Stop

No reasonable suspicion for the traffic stop? I file a motion to suppress. If the judge agrees, your case is effectively over.

Challenge the Breath Test

Datamaster breath testing machines must be properly calibrated, maintained, and operated by a certified technician. The officer must observe you continuously for 15 minutes before administering the test. Violations of any of these requirements can make the BAC result inadmissible.

Challenge the Field Sobriety Tests

Field sobriety tests are voluntary — you were not required to perform them. And even when administered, they’re highly subjective. Medical conditions, fatigue, anxiety, uneven ground, and poor weather all produce false indicators of impairment. I challenge FST evidence aggressively.

Challenge the Blood Draw

Blood tests require proper procedures from the draw itself through storage and lab analysis. Contamination, fermentation, improper chain of custody, and unqualified technicians all create reasonable doubt.

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Keeping a First Offense OWI Off Your Record

This is one of the most important things I can do for a first-time OWI client. Michigan law provides two powerful tools:

MCL 769.4a — The 7411 Deferral

Under MCL 769.4a, a first-time drug or alcohol offense may qualify for deferred adjudication under Section 7411. If you plead guilty, the court can defer acceptance of the plea and place you on probation. If you successfully complete probation, the charge is dismissed and never enters your public record as a conviction. This is an extraordinary tool, and I pursue it whenever my clients qualify.

HYTA — Holmes Youthful Trainee Act

If you are under 26 years old, you may qualify for HYTA status. Similar to 7411, HYTA allows the court to place you on probation and, upon successful completion, your record is sealed. This can make the difference between a clean record and a lifetime of consequences.

Not every client qualifies for 7411 or HYTA, but I evaluate every case for eligibility. These are opportunities you cannot afford to miss.

My First Offense OWI Results

I’ve represented hundreds of first-time OWI defendants in Kent, Ottawa, Allegan, Barry, Ionia, and surrounding counties. My results include complete dismissals, reductions to impaired driving or careless driving, and successful 7411 deferrals that kept my clients’ records clean. Visit my results page to see what I’ve accomplished for clients in similar situations.

You Have One Chance to Get This Right

A first-offense OWI doesn’t have to define your life. But the decisions you make in the next 48 hours will shape how this case ends. I’ve seen too many people wait too long, hire the wrong attorney, or try to handle it alone — and pay for it for years.

Call me now at 616-438-6719. The consultation is free, and I’ll tell you exactly where you stand. I fight OWI charges in Grand Rapids and across West Michigan every single day.

If your BAC was 0.17 or higher, you may be facing super drunk OWI charges with enhanced penalties — don’t wait to call. And if you already have a past conviction on your record, ask me about OWI expungement in Michigan.

Learn more about Michigan drunk driving laws and how I defend every type of OWI case.

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Frequently Asked Questions

Yes. Under Michigan’s expanded expungement laws, a first-offense OWI conviction can be removed from your record. Attorney Shawn Haff has a 100% success rate on expungement petitions. Additionally, a 7411 deferral under MCL 769.4a can prevent the conviction from appearing on your record in the first place.

Yes, a first-offense OWI conviction results in a 30-day hard license suspension followed by 150 days of restricted driving. During the restricted period, you can drive to work, school, court, and treatment. An experienced attorney may be able to challenge the suspension or negotiate alternatives.

Many first-time OWI defendants avoid jail with the right defense strategy. Options include challenging the evidence to get charges dismissed or reduced, negotiating probation instead of jail time, or qualifying for the 7411 deferral under MCL 769.4a. An experienced OWI attorney is critical to achieving this outcome.

Under MCL 769.4a, Section 7411 allows a first-time OWI defendant to plead guilty and be placed on probation. If probation is completed successfully, the guilty plea is withdrawn, the case is dismissed, and no public conviction appears on your record. This is only available for first offenses.

A first-offense OWI in Michigan can cost $5,000 to $15,000 or more when you factor in court fines up to $500, court costs, attorney fees, increased insurance premiums of $5,000 to $10,000 over several years, alcohol treatment costs, and driver responsibility fees. A strong defense can reduce or eliminate many of these costs.

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