Operating While Intoxicated First Offense

The operating while intoxicated, also known as an owi or a dui, is the most common drinking and driving charge in Oakland County.  Stemming from MCL 257.625, it is a crime in Oakland County to operate a vehicle with either a blood alcohol content of a .08 or higher, or to operate a vehicle "under the influence."  This is the most common type of criminal charge in Oakland County, where thousands of people get charged and convicted every year.  Oakland County has the reputation of having some of the toughest courts in the nation when it comes to drinking and driving cases, and this reputation is rings true.  District courts such as the 48th in Bloomfield Township and the 52-3 in Rochester Hills are courts where jail is a possibility with some judges and a certainty with others.

A first offense operating while intoxicated carries with it the possibility of up to 93 days in jail, although jail sentences are generally probation for most of the Oakland County district court judges.  Additionally, an owi conviction carries with it a license sanction of no license for 30 days, followed by a restricted license for six months.  Probation, fines and costs, classes, community service, interlock devices, alcohol and drug testing, counseling, rehab, and mandatory AA are all possible sanctions that you can expect from an operating while intoxicated conviction in Oakland County.  

For the most part, 1st Offense operating while intoxicated cases are prosecuted by private practice prosecutors who represent the various cities and townships of Oakland County.  However, the Oakland County does prosecute operating while intoxicated first offense cases, generally when a State Trooper is involved or if the case takes place on Oakland University's campus.