Frequently Asked Questions in Michigan OWI/OWVI Cases

1. What are my Miranda Rights?
   
   When an officer has arrested a person and starts to ask them questions about a crime, the officer must first advise the person of their Constitutional rights. Most often, the advisement is this:
   • You have the right to remain silent.
   • Anything you say can and will be used against you in a court of law.
   • You have the right to be advised by an attorney before answering any questions.
   • If you desire an attorney and cannot afford one, one will be appointed for you free of charge.
   
   
   
2. Will I be able to get my case dismissed because I was not read my rights?
   
   Probably not. But if you were interrogated after being placed in custody, your statements can not usually be used against you.
   
   
3. What are my rights?
   
   See Know your rights in a Michigan OWI/OWVI
   
   
4. Will I go to jail?
   
   On a first offense, probably not. On second or later offenses, it becomes more probable, but an experienced attorney may be able to keep you out.
   
   
5. If my OWI is reduced to a DWVI, what do I gain?
   
   Not much. In Michigan both are counted as alcohol offenses (crimes) for the rest of your life. While impaired driving may not be considered by other states, OWI travels across state lines.
   
   
6. I had two alcohol offenses when I was younger. What will happen to my license if I have a third conviction?
   
   A third offense of drunk driving is a felony. The Scretary of State is required to revoke your license.
   
   
7. I have three serious offenses within ten years, what will become of my license?
   
   It will be automatically revoked for a minimum of at least five years.
   
   
8. What are the minimum possible penalties I face for a first offense?
   
   

   Offense	Points	License	Assessment
   OWI	6	30 day suspension 5 month restricted license	$1,000/yr. for 2 years
   OWVI	4	3 month restricted license	$500/yr. for 2 years

   
   
   
9. What will happen if I do not complete the classes or public service ordered by the Court?
   
   You will go to jail.
   
   
10. I lost my Michigan license. May I obtain a license in another state.
    
    In most cases, no.
    
    
11. If I obtain an international driver's license, may I drive in Michigan, even though my Michigan license is revoked?
    
    No.
    
    
12. Am I a bad person, because I was arrested for DUI?
    
    No, but you are well advised never, never smell like alcohol while behind the wheel. You do not need to feel humiliated.
    
    
13. What if I burped within fifteen minutes of blowing?
    
    The breath machine may have read alcohol from your stomach rather than you lungs. The result may be incorrect. A similar problem can occur with dentures.