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    OWI/DUI

    Your license, your record, and your freedom are on the line.

    An OWI/DUI charge is serious. What happens next depends largely on the decisions you make early — who you hire, what you say, and how quickly you act. Scott has extensive experience with Michigan OWI cases and knows what it takes to put you in the best possible position.

    Call Now — (586) 243-4140

    Understanding the Charge

    In Michigan, the official charge is Operating While Intoxicated (OWI), though Driving Under the Influence (DUI) is the commonly used term. A standard OWI applies when your BAC is .08 or higher. A High BAC or "Super Drunk" charge applies at .17 or higher, carrying significantly harsher penalties, including mandatory ignition interlock (BAIID) installation.

    Michigan also charges Operating While Presence of Drugs (OWPD) — commonly called drugged driving — which applies when any amount of a controlled substance is found in your system. OWPD carries the same penalties as a standard OWI.

    Scott has defended OWI cases across Macomb, Oakland, Wayne, St. Clair, and Lapeer counties — including the 41B District Court in Clinton Township, 42-1 District Court in Romeo, 42-2 District Court in New Baltimore, 52-3 District Court in Rochester Hills, 52-4 District Court in Troy, and the 41A District Court in Sterling Heights/Shelby Township. He understands field sobriety testing, breathalyzer calibration issues, blood draw procedures, and the constitutional challenges that can make or break your case.

    Whether it's your first OWI, your second OWI, your third OWI, or you're facing OWI causing serious injury or death, the consequences are serious. The right defense strategy can mean the difference between a conviction and a reduced charge, or even a dismissal.

    Potential Penalties

    OffensePenalty
    OWIUp to 93 days in jail, up to $500 fine, 180-day license suspension (30 days hard), 6 points on record
    High BAC / Super Drunk (.17+)Up to 180 days in jail, up to $700 fine, 1-year license suspension (45 days hard), mandatory BAIID ignition interlock
    OWPD (Drugged Driving)Same penalties as standard OWI — up to 93 days jail, $500 fine, license suspension
    OWI Second5 days to 1 year in jail, up to $1,000 fine, license revocation (minimum 1 year), vehicle immobilization
    OWI Third (Felony)1 to 5 years in prison, up to $5,000 fine, license revocation (minimum 5 years), vehicle forfeiture
    OWI Causing Serious InjuryUp to 5 years in prison, up to $5,000 fine, license revocation
    OWI Causing DeathUp to 15 years in prison, up to $10,000 fine, license revocation

    Why Hire Scott for This Case

    • Has handled hundreds of OWI/DUI cases across Southeast Michigan — Macomb County, Oakland County, Wayne County, St. Clair County, and Lapeer County
    • Understands breathalyzer calibration, blood draw procedures, and field sobriety testing challenges
    • Regularly appears in district courts throughout Metro Detroit
    • Experienced with High BAC / Super Drunk (.17+), OWPD drugged driving, zero tolerance impaired driving (under 21), and felony OWI charges
    • Flat fee pricing — you know the cost before you commit
    • Second-generation defense attorney who has built a strong reputation in courtrooms across the region

    Frequently Asked Questions

    Michigan uses the term Operating While Intoxicated (OWI) rather than Driving Under Influence (DUI). The charge applies with a Blood Alcohol Content (BAC) of .08 or higher. A "Super Drunk" or High BAC charge applies with a .17 or higher, carrying enhanced penalties. Regardless of what you call it, Scott defends OWI and DUI cases across Metro Detroit and Southeast Michigan.

    Michigan's implied consent law means chemical testing comes with real consequences. Refusing a roadside preliminary breath test (PBT) is a civil infraction — typically a fine. Refusing the DataMaster breathalyzer at the station is a different matter entirely — that triggers an automatic one-year license suspension. That suspension can be contested, but only within a very tight deadline. In accident cases or certain medical situations, a blood draw may be ordered instead of the DataMaster. Refusing that carries its own serious consequences. Every situation is different. Scott can walk you through exactly what applies to yours.

    A first-offense OWI conviction carries a 180-day license suspension with the first 30 days being a hard suspension (no driving at all). A restricted license may be available after 30 days. Scott fights to keep you on the road.

    A first offense OWI in Michigan is a misdemeanor carrying up to 93 days in jail, fines up to $500, 6 points on your license, and 180-day ramifications. However, with the right attorney, outcomes like reduced charges to Impaired Driving (OWVI), deferrals, or dismissals are possible. Scott has handled hundreds of drunk driving offenses.

    An OWI conviction can affect your employment, education, and future opportunities - especially if your job requires driving, a professional license, or a clean criminal record. CDL holders face even harsher consequences. Scott works to protect your record and your livelihood.

    Yes. Depending on the facts of your case, Scott may be able to negotiate a reduction to Operating While Impaired Driving (OWVI), which carries fewer points and lighter penalties. In some cases, procedural errors or constitutional violations can lead to a full dismissal.

    If your license was revoked due to multiple OWI convictions, you must petition the Secretary of State for restoration through a formal hearing. Scott guides clients through the license restoration process, helping you demonstrate sobriety and build a strong case for reinstatement.

    OWI Causing Serious Injury is a felony carrying up to 5 years in prison and a $5,000 fine. OWI Causing Death is punishable by up to 15 years in prison and a $10,000 fine. These are among the most serious drunk driving charges in Michigan and require an experienced defense attorney immediately. Call Scott at (586) 243-4140.

    The Right Move Is the One You Make Right Now.

    Every day that passes without the right attorney in your corner is a day the other side uses to build their case.

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    Law Offices of Scott E. Rabaut

    38600 Van Dyke Ave., Suite 200
    Sterling Heights, MI 48312

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