Getting pulled over for suspected drunk driving can turn a fun night into a life-changing one. And if you have never dealt with OWI laws or Michigan’s implied consent rules, it can all feel confusing. When it comes to implied consent vs. OWI, what is the difference?
Here is a look at what these terms mean for your case and what you can do to protect your rights and driving privileges.
OWI in Michigan
While some states may refer to drunk driving as a DUI, Michigan officially calls this offense operating while intoxicated (OWI). In these cases, it happens when you’re operating a vehicle while impaired by alcohol, drugs, or a combination. You can be charged with an OWI if:
- Your blood alcohol content (BAC) is 0.08% or higher
- Your driving shows visible impairment
- You’re under the influence of drugs, even prescription medications
Additionally, there are stricter rules for commercial drivers and those under 21. In these cases, they have lower BAC limits to reach an OWI.
An OWI is not a traffic violation; it is a criminal charge. And that means with a conviction, you face fines, jail time, probation, and license points.
What Is Implied Consent?
There is a Michigan law that throws people for a loop. That is known as implied consent. This law does not focus on whether you were actually driving drunk. It is about your agreement to take certain chemical tests if you’re arrested for suspected impaired driving.
When you drive on Michigan roads, you have agreed to submit to a breath, blood, or urine test if law enforcement arrests you. If you refuse, the state can hit you with administrative penalties.
What Is the Difference?
The OWI is the criminal charge. Prosecutors must prove you were operating a vehicle while impaired. On the other hand, implied consent is the law that says, “If you’re arrested, you have to take a chemical test.” A refusal doesn’t automatically mean you’re guilty of OWI, but it can trigger license suspensions and other penalties.
When you face a refusal, it can feel like getting hit from two directions. You already have the criminal case; the other is the state’s administrative process for your license.
What You Should Know About Refusals
If you refuse the chemical test after an arrest, you can face penalties like:
- A one-year license suspension
- Six points on your driving record
- Fees to reinstate your license
These penalties come from the Michigan Secretary of State, not the court handling your OWI. You can request a hearing to challenge the refusal. Once again, this is a completely separate hearing from the possible criminal case.
What About the Preliminary Breath Test?
Before an arrest, officers might ask you to blow into a preliminary breath test (PBT) on the roadside. This is not the same as the chemical test required under implied consent.
Refusing a PBT does not carry the same weight as refusing the post-arrest chemical test. Once you have been formally arrested, the implied consent rules kick in. Any refusals at that stage can have more serious consequences.
OWIs and Implied Consent Violations Are Serious Legal Issues
When it comes to implied consent vs. OWI, there is a difference. These issues can feel like a lot to handle at once. You have to deal with both the criminal and administrative sides of Michigan law, and that is something that you should not deal with by yourself.
You want an experienced Michigan OWI lawyer who can review the traffic stop, examine the evidence, and make sure your rights are protected. With their help, you can understand your options for challenging the implied consent penalties or defending against an OWI charge.
At the Law Office of James Fillmore, we can assist with these types of cases. We will get you the right legal help, whether you have a standalone OWI or face the extra stress of an implied consent violation. Schedule a consultation to discuss your case.
