July 17, 2024
What’s the Difference Between OWI and OWVI in Michigan?
Michigan law enforcement and the courts take drunk driving offenses seriously, and the consequences of a conviction can be severe. Two common driving under the influence-related charges are OWI (Operating While Intoxicated) and OWVI (Operating While Visibly Impaired). While these terms may seem similar, they have distinct differences in their definitions, the level of impairment required for a conviction, and the potential penalties.
Operating While Intoxicated
Section 257.625, subsection (1) of the Michigan Compiled Laws defines OWI as operating a vehicle while under the influence of alcohol, a controlled substance, another intoxicating substance, or a combination thereof.
Usually, for an officer to charge a driver with being under the influence of alcohol, the driver must have a blood alcohol concentration (BAC) of 0.08% or higher. However, subsection (6) states that a driver under the age of 21 with any amount of alcohol in their system could be considered under the influence.
OWI Penalties
A first-time OWI conviction is a misdemeanor resulting in one or more of the following penalties:
- Up to 360 hours of community service
- Up to 93 days in prison
- A fine of between $100 and $500
If the driver’s BAC limit is above 0.17%, they may face up to 180 days in prison and a fine between $200 and $700.
Subsequent OWI convictions have increased penalties depending on the number of convictions and time between convictions if it is the second conviction.
Operating While Visually Impaired
Section 257.625, subsection (3) of the Michigan Compiled Laws defines OWVI as operating a vehicle while alcohol, a controlled substance, another intoxicating substance, or a combination thereof visually impair your ability to operate the vehicle.
The differentiating factor between OWI and OWVI is that being visually impaired does not require one to be legally intoxicated. A driver can be visually impaired while still being below the BAC limit of 0.08%. For example, they may only have a BAC of 0.04% but fail the field sobriety tests.
OWVI Penalties
A first-time OWVI conviction is a misdemeanor resulting in one or more of the following penalties:
- Up to 360 hours of community service
- Up to 90 days in prison
- A fine of up to $300
As with OWIs, subsequent OWVI convictions have increased penalties depending on the number of convictions and time between convictions if it is the second conviction. However, OWVI penalties are generally less severe than OWI penalties.
When Is OWVI Charged Instead of OWI?
OWIs and OWVIs are pretty similar charges with pretty similar penalties. So, when do officers and prosecutors charge a driver with an OWVI instead of an OWI?
Usually, the differentiator is the amount of evidence against the accused. If officers collect a blood sample showing the driver’s BAC was above 0.08%, prosecutors may seek an OWI conviction. If that evidence isn’t available, they may default to seeking an OWVI conviction instead since it requires less physical evidence.
Michigan OWI Defense Attorney
Have you been charged with an OWI or OWVI in Michigan? Contact the Michigan drunk driving defense attorneys at Stacer, PLC to discuss your rights and how we could help you avoid the most severe consequences. Remember that you only have 14 days from the date of the arrest to request an administrative hearing about your driver’s license, so time is of the essence to protect your driving privileges. Contact us by phone or online right away and let us help you.