BLOOMFIELD HILLS, MI – Drivers accused of impaired driving in Michigan often hear the term “aggravated OWI,” yet the state does not use that label as a separate offense. Instead, MCL 257.625 sets out several OWI-related offenses and penalty enhancements that apply depending on the facts of a case, such as a high BAC, a prior conviction, a minor passenger, or a crash causing serious injury or death. Oakland County OWI defense attorney Paul J. Tafelski of Michigan Defense Law (https://www.michigandefenselaw.com/aggravated-dui-owi-charges/) has released guidance explaining how these charge tiers compare and what defense options may be available.
According to Oakland County OWI defense attorney Paul J. Tafelski, Michigan structures drunk driving charges into distinct tiers, and the tier depends on what the prosecution can prove. Operating While Visibly Impaired, or OWVI, is the lowest tier and is based on observable impairment rather than a numerical threshold, while a standard OWI can rest on impairment evidence or a blood alcohol concentration of 0.08% or higher for drivers aged 21 or older. “Every OWI tier relies on specific legal thresholds and evidence,” Tafelski explains. “Identifying the exact basis for the charge is critical when evaluating defense options.”
Oakland County OWI defense attorney Paul J. Tafelski notes that certain facts can elevate a routine OWI into an aggravated situation. A blood alcohol concentration of 0.17% or higher can trigger Michigan’s High BAC penalties, often called “Super Drunk” penalties, and repeat convictions can lead to progressively harsher outcomes. A minor passenger under the age of 16 in the vehicle may also lead to enhanced charges, particularly when the driver has a qualifying prior conviction…