Definition of DUI / OWI Terms

Absorption Rate: The rate at which consumed alcohol finds its way into the blood stream. While alcohol sits in the stomach, its absorption is delayed. Absorption rate will be affected by how much was eaten, individual biologic differences and what type of beverage was consumed. When drinking continues over a course of hours, both absorption and “burnoff” (metabolizing of alcohol) will be happening simultaneously.

BAC:Bodily Alcohol Content. BAC can be measured either by breath, blood or urine testing and is often used by law enforcement to determine whether or not a motorist is “legally drunk.” All 50 states have adopted 0.08% as the BAC limit. Michigan set 0.08 as the BAC limit in 2003. For underage drivers, Michigan has zero tolerance, defined as alcohol content of 0.02 grams or more but less than 0.08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

Blood Test: A laboratory test that directly measures the percentage of alcohol content of the blood drawn from a DWI / OWI suspect.

Breath Test: A test of blood alcohol level that is derived from measuring the alcohol level of the suspect’s breath. It depends for its accuracy on the machine’s receiving air from deep in the lungs and a mathematical formula is used to extrapolate the blood alcohol level from the lung-air alcohol level.

Breathalyzer: A portable machine used by law enforcement to measure the BAC of suspected drunk drivers.

Burnoff Rate: The rate at which alcohol in the body is metabolized. During burnoff, the blood alcohol level drops, giving rise to the “falling curve” term to describe the graph of the decrease in BA.

Chemical Test: As it relates to DUI, a test of the alcohol or drug concentration in a person's blood. A Breathalyzer, blood analysis, or urinalysis can be used as chemical tests for alcohol. If other drugs are suspected, a blood test or urine test is used.

Commercial Vehicle: A vehicle driven for business purposes. In the DUI context, these are the consequences for driving a commercial vehicle while drunk.

Community Service: Depending on the offense, the court may order community service as part of a sentence. Generally, a person ordered to perform community service has a variety of options regarding the nature of the service, usually performing service for a charitable agency or church. The community service is worked out through the probation department.

Driver Responsibility Fees: In Michigan, drivers are assessed punitive fees for numerous driving violations, including accumulation of points on his or her driving record, manslaughter, negligent homicide, or a felony resulting from operation of a motor vehicle, ORV or snowmobile. These Driver Responsibility Fees, which range from $100 to $7,500 depending on the conviction, are assessed and collected by the Secretary of the State.

With regard to drunk driving, if a person is found guilty of one of the following, the Secretary of State shall assess a $1,000 driver responsibility fee each year for 2 consecutive years:

• Michigan Vehicle Code 257.625 Section (1): operating a motor vehicle while intoxicated
• Michigan Vehicle Code 257.625 Section (4): operating a motor vehicle while intoxicated, when visibly impaired or with the presence of a schedule 1 controlled substance (drugs) and causing the death of another person
• Michigan Vehicle Code 257.625 Section (5): operating a motor vehicle while intoxicated, when visibly impaired or with the presence of a schedule 1 controlled substance (drugs) and causing serious injury of another person
• Michigan Vehicle Code 257.625 Section (m): operation of a commercial motor vehicle by a person with a certain alcohol content (.04 < .08)

If a person is found guilty of one of the following, the Secretary of State shall assess a $500 driver responsibility fee each year for 2 consecutive years:

• Michigan Vehicle Code 257.625 Section (3): operating a motor vehicle when visibly impaired
• Michigan Vehicle Code 257.625 Section (6): operation of a motor vehicle by person less than 21 years of age
• Michigan Vehicle Code 257.625 Section (7): operating a motor vehicle while intoxicated while another person who is less than 16 years of age is occupying the vehicle (child endangerment)
• Michigan Vehicle Code 257.625 Section (8): operating a motor vehicle with the presence of a schedule 1 controlled substance (drugs)
• Michigan Vehicle Code 257.626: reckless driving on highway, frozen public lake, or parking place
• Michigan Vehicle Code 257.904: operating a vehicle if one’s license, registration certificate, or designation is suspended, revoked, or denied

Michigan Vehicle Code Section 257.732a Driver Responsibility Fee PDF

DUI: Driving While Under the Influence. DUI is just a different way of stating OWI.

DWI: Driving While Intoxicated.  DWI is just a different way of stating DUI or OWI.

Felony: In Michigan, the following drunk driving charges are felonies:

• OWI Third Offense within 10 years
• OWVI Third Offense within 10 years
• Operating with Presence of Drugs Third Offense within the past 10 years
• All OWI/OWVI Offenses Resulting in Death or Serious Injury
• Child Endangerment Second Offense within 7 years and Third Offense within 10 years
• Operating a Commercial Vehicle While Intoxicated Third Offense within 10 years

FST: Field Sobriety Test. A series of physical and mental coordination tests designed to help an officer decide if a driver is intoxicated. These may include walking the straight line, reciting the alphabet, standing still with feet together and arms extended, standing on one foot, etc. These are highly subjective, but if the officer concludes the driver was intoxicated, he will require an evidential breath test.

Ignition Interlock Device: This device prevents the vehicle from being started until the person passes a breath test. In-car alcohol breath screening device that prevents a vehicle from starting if it detects a blood alcohol concentration (BAC) over a pre-set limit of .02 (i.e., 20 mg of alcohol per 100 ml of blood). The device is located inside the vehicle, near the driver’s seat, and is connected to the engine's ignition system. If the driver has any measurable bodily alcohol content, the car will not start. These devices are mandatory for repeat offenders who are granted restricted licenses after serving a period of revocation. Ignition interlocks are installed at the offender’s expense.

Immobilization: Immobilization of the offending vehicle is court-ordered for repeat offenders. Drivers must have immobilization devices installed at their expense and show proof of installation to the court. Technologies include: ignition interlock, steering column club, wheel boot, or driver tether. Immobilization is ordered if offender owns, co-owns, leases, or co-leases the vehicle.

Implied Consent Laws: When you applied for a driver’s license in Michigan, you agreed to comply with requests by law enforcement officers to take chemical tests to determine your bodily alcohol content (BAC) if you were arrested for drunk driving. Under Michigan’s Implied Consent Law, all drivers are considered to have given their consent to this test. If you refuse a test, six points will be added to your driver record and your license will be suspended for one year. Suspension of a license is automatic for any refusal to submit to the test and is a separate consequence from any subsequent convictions resulting from the traffic stop. If you refuse to take the test under the Implied Consent Law or if the test shows your BAC is 0.08 or more, your driver’s license will be destroyed by the officer, and you will be issued a paper permit to drive until your case is resolved in court. The Implied Consent suspension may be appealed to the Driver Assessment and Appeal Division (DAAD); however, the request for a hearing form must be mailed within 14 days of the date of arrest or your license will be automatically suspended. While you are not required to have an attorney represent you at this hearing, it is advised that you consult with an experienced DUI attorney prior to the hearing.

Request for Driver License Appeal Hearing Form – from the Department of State

License Revocation: A license revocation means your driving privileges have been cancelled. In Michigan, “Revocation” means that the operator's or chauffeur's license and privilege to operate a motor vehicle on the public highways are terminated and shall not be renewed or restored until the later of the following: (a) The expiration of not less than 1 year after the license was revoked; (b) The expiration of not less than 5 years after the date of a subsequent revocation occurring within 7 years after the date of a prior revocation.

License Suspension: A license suspension means you may not drive for the period of your suspension. In Michigan, “Suspension” means that the driver's license and privilege to drive a motor vehicle on the public highways are temporarily withdrawn but only during the period of the suspension.  Upon expiration of the suspension period and payment of a $125 reinstatement fee, the license will be returned.

Miranda Rights: The formal advisement that you have the right to remain silent and to have a lawyer present before answering questions, which police must recite prior to questioning someone who is in custody. Seldom relevant to OWI cases, because the police never arrest anyone until after questioning (Have you been drinking?), after the Field Sobriety Test (FST), and maybe even after the Blood Alcohol Testing. Of course, one does have the right not to answer questions such as that one, or “How much have you had to drink?”, but no officer will advise you of that right.

Misdemeanor: In Michigan, the following drunk driving charges are misdemeanors:

• OWI First Offense and Second Offense within 7 years
• OWVI First Offense and Second Offense within 7 years
• Operating with Presence of Drugs First Offense and Second Offense within 7 years
• Zero Tolerance for Persons Under 21 First Offense and Second Offense within 7 years
• Child Endangerment First Offense
• Operating a Commercial Vehicle While Intoxicated First Offense and Second Offense within 7 years

Open Container Law: In Michigan, MCL 257.624a states that transportation or possession of alcohol in a container that is open or uncapped with a broken seal by either the operator or occupant within the passenger compartment of a vehicle is a misdemeanor. The exception is that a person may transport or possess alcohol in an open container if the vehicle does not have a trunk or compartment separate from the passenger compartment, but the container must be enclosed or encased and not readily accessible to the occupants of the vehicle. This law does not apply to a passenger in a chartered vehicle authorized to operate by the state transportation department.

Operating: Driving or having actual physical control of the vehicle.

OUID: Operating under the Influence of Drugs. The defendant was operating the vehicle with less ability than would an ordinary careful driver due to the driver being under the influence of a controlled substance or a combination of alcohol and a controlled substance.

OUIL: Operating Under the Influence of Liquor. This charge looks at the quality of the driving. It requires that an operator’s ability to operate a motor vehicle in a normal manner was “substantially lessened” as the result of drinking alcohol. 

OWI: Operating While Intoxicated. OWI is just a different way of stating DUI. It can be proven in either of two ways: the driver was “operating under the influence of liquor” or the driver was operating with an unlawful body alcohol level. 

OWVI: Operating While Visibly Impaired. The defendant was operating the vehicle with less ability than would an ordinary careful driver due to drinking alcohol.

PBT: Preliminary Breath Test. A pre-arrest breath test administered during investigation of a possible DUI / OWI violator to obtain an indication of the person’s blood alcohol concentration.

Per Se: A different way of referring to UBAL (Unlawful Body Alcohol Level).

Plate Confiscation: At time of arrest for a multiple offender, officers confiscate the vehicle’s metal plate regardless of ownership, destroy the plate and replace it with a paper plate that expires when the case is finally decided.

Probation: At sentencing, the court can suspend the sentence and place a person under the supervision of a probation officer or incarcerate the offender followed by a period of probation supervision. While on probation, courts continue to oversee a person’s behavior and can place certain conditions on a person’s probation. The probationer must obey all laws and follow the conditions issued by the court, including regular reporting to a probation officer. Violation of these conditions may result in a Violation of Probation (VOP) proceeding. A defendant found responsible for a violation may be sentenced up to the maximum of the original charge.

Registration Denial: Offenders cannot register a vehicle in which they hold an ownership interest until they are relicensed. This applies only to repeat offenders with three or more alcohol convictions or four or more driving while suspended violations.

Regurgitation: Ejecting some stomach contents up into the throat or mouth. With alcohol in the stomach, this can fool a Breathalyzer into thinking that the blood alcohol level is much higher than it is. Officers administering a breath test are supposed to watch the suspect to see he does not burp or regurgitate prior to the test. A cloud of alcohol burped up into the mouth will invalidate the breath test results.

Restrictions: This means limited driving privileges such as driving to and from work.

Revocation: Licensing actions range from restrictions to revocations. The most serious action is a revocation, defined in MCL 257.52 as the termination of the operator's license and privilege to operate a motor vehicle. The driver is only eligible to reapply for license restoration after the expiration of one year following a first revocation and after the expiration of five years for a subsequent revocation within seven years of a prior revocation. There is no guarantee that the license will be returned after the minimum period of revocation. The pivotal issue is whether the person can be considered a safe driver based upon documentary evidence and testimony.

Rising Curve Defense: A defense to DUI / OWI based upon the claim that the driver was not under the influence and did not have .08% blood alcohol when he or she was driving, but that it rose to that level after arrest due to the fact that alcohol was still being absorbed. Consequently, a long delay between being pulled over and having a BAC test helps the suspect in many cases.

Suspension: A suspension is for a definite period and carries a "from" and "through" date.  When the "through" date is reached, the driver must appear at a branch office and pay the reinstatement fee for regaining a license. (That is, if no additional violations occur during the period of suspension.) If the reinstatement fee is not paid, the driver is on an "invalid" license status.

UBAL: Unlawful Body Alcohol Level. The amount of alcohol in a person’s breath, blood, or urine is defined as UBAL. The defendant was operating the vehicle with a body alcohol level of 0.08 grams of alcohol or more per 100 milliliters of blood, 210 of breath, 67 milliliters of urine. 

Urine Test: A laboratory chemical test of the suspect’s urine to determine the suspect’s bodily alcohol content. It can be inaccurate because of the mixing of higher alcohol level urine from earlier with lower alcohol level urine closer to the drivers being pulled over. Also, it can give an artificially high reading for that reason.

Vehicle Forfeiture: The court orders the vehicle sold. Monies from the sale will be distributed according to the priorities defined by statute, first to pay secured interests and then to others.

Vehicle Impound/Immobilization: Vehicle impound is an option when there has been more than one DUI conviction. The vehicle may be seized or an ignition interlock device may be installed on the steering wheel of the car, requiring the driver to pass a breath test using the device before he or she can start the vehicle and drive away.