A first-time DUI arrest in Michigan can feel like your life is suddenly out of control. From the moment you’re pulled over, every action you take—or fail to take—can significantly impact the outcome of your case. Whether it’s saying too much to the police, missing critical court deadlines, or hiring the wrong attorney, many first-time offenders unknowingly make costly mistakes that make their situation worse.
The good news? You don’t have to go through this blindly. By understanding the most common pitfalls and how to avoid them, you can take proactive steps to protect your rights, your record, and your future.
In this guide, we’ll break down the 7 most common mistakes people make after a first-time DUI arrest in Michigan and offer practical tips for what to do instead.
Not Taking the Charge Seriously
Too many first-time offenders assume a DUI is just a traffic ticket that will eventually “go away.” In reality, a first-time DUI in Michigan is a misdemeanor criminal offense that carries serious and lasting consequences.
Why This Is a Mistake:
- You risk jail time (up to 93 days)
- Fines and costs can exceed $1,000+
- You may lose your driver’s license
- It becomes part of your permanent criminal record, affecting employment, housing, and more
Even if this is your first run-in with the law, judges and prosecutors take DUI charges seriously. Taking the charge seriously means hiring a lawyer, showing up to court prepared, and complying with all legal requirements.
Speaking to Police Without Legal Counsel
After the traffic stop, officers may ask you a series of questions:
- “Have you been drinking tonight?”
- “Where are you coming from?”
- “Would you like to take a breath test?”
Why This Is a Mistake:
Anything you say—even casually or nervously—can be used against you in court. Without a lawyer present, you may:
- Admit to something unintentionally
- Agree to testing that may not be required
- Incriminate yourself in ways you don’t fully understand
You have the right to remain silent and request an attorney. Politely assert that right and avoid speaking beyond providing your license and registration.
Failing to Request an Administrative Hearing
Michigan’s DUI laws involve both criminal and administrative processes. One of the biggest mistakes is failing to request a hearing with the Secretary of State to contest your driver’s license suspension.
Why This Is a Mistake:
- If your BAC was over 0.08 or you refused a chemical test, your license may be automatically suspended
- You have only 14 days to request a hearing after arrest
Miss this window, and you could be looking at a 180-day to 1-year license suspension, regardless of the outcome of your criminal case.
Ignoring Driver’s License Penalties
Many first-time DUI offenders focus only on the criminal side and overlook the consequences to their driver’s license. Michigan imposes a complex range of sanctions:
Possible Penalties:
- OWI (Operating While Intoxicated): 6-month suspension
- OWVI (Operating While Visibly Impaired): 90-day restriction
- Refusal of chemical test: 1-year suspension
There are also driver responsibility fees, points added to your license, and a reinstatement process that can involve installing a Breath Alcohol Ignition Interlock Device (BAIID).
Ignoring these penalties can lead to additional charges, vehicle immobilization, and even arrest if you’re caught driving while suspended.
Choosing the Wrong Defense Lawyer
Not all lawyers are created equal. Choosing a general criminal attorney—or worse, going without one—is a mistake that can affect every part of your case.
What to Look for in a DUI Lawyer:
- Experience handling DUI cases in Michigan courts
- Knowledge of local judges, prosecutors, and plea deals
- Willingness to analyze evidence such as dash cam or test results
- Understanding of Michigan DUI case law and license restoration
Working with an attorney who focuses specifically on Michigan DUI law gives you the best shot at avoiding a conviction or minimizing penalties.
Not Understanding OWVI vs DUI in Michigan
Michigan has more than one type of drunk driving offense. One common mistake is not knowing the difference between:
- OWI (Operating While Intoxicated)
- OWVI (Operating While Visibly Impaired)
Why It Matters:
- OWI is a more serious charge with harsher penalties
- OWVI is often a lesser offense that may be negotiated as a plea deal
- The burden of proof is different, which affects your defense strategy
Not understanding the distinction could mean missing an opportunity to reduce your charges or pursue alternative sentencing options.
Missing Key Filing Deadlines
Michigan DUI cases involve multiple important deadlines and missing just one can lead to harsh consequences.
Common Deadlines to Watch:
- 14 days to request a driver’s license hearing
- 21 days to file pretrial motions
- Deadlines for court-ordered treatment, testing, or education programs
Missed deadlines can lead to license revocation, warrants for your arrest, or loss of opportunities like sobriety court or deferred sentencing. An attorney will help you stay on track and meet every critical milestone.
How to Protect Your Record and Reputation
Your first DUI charge doesn’t have to define you—but you need to take the right steps now to protect your future.
Smart Moves Include:
- Hiring a DUI attorney immediately
- Exploring alternatives like sobriety courts or alcohol treatment programs
- Maintaining complete compliance with court and license orders
- Avoiding further legal trouble
- Following up on expungement eligibility once the case is closed
In Michigan, certain first-time DUI offenses (including OWVI) may now be eligible for expungement under new laws—but only after five years and only in certain situations.
FAQs About First-Time DUIs in Michigan
OWI involves a BAC of 0.08% or higher or visible intoxication. OWVI is a lesser charge where your driving ability is impaired but not necessarily over the legal limit. OWVI usually comes with reduced penalties and is often pursued as a plea bargain option for first-time offenders.
Yes—in certain cases. As of recent legislation, first-time DUI offenses (except OWI causing injury or death) may be eligible for expungement after 5 years, provided all fines and probation conditions have been met.
You could. If your BAC is over the limit or you refuse testing, you face automatic suspension under Michigan’s implied consent law. You have only 14 days to request a hearing to contest the suspension.
Not without consulting a lawyer. Pleading guilty may seem like the quickest solution, but it locks you into penalties that could be avoided or reduced with proper legal guidance. A lawyer may identify weaknesses in your case or negotiate a lesser charge.
A DUI lawyer helps by:
- Reviewing the legality of your arrest
- Challenging the accuracy of breath or blood tests
- Representing you at license hearings
- Negotiating reduced charges or alternative sentencing
- Keeping you informed of court deadlines and compliance requirements
