In Michigan, most Operating While Intoxicated (OWI) by Alcohol or a Controlled Substance charges involve automobiles, such as cars, trucks, or sport utility vehicles. However, under Michigan State law, a person will be arrested and charged for an OWI if he or she operates any of the following types of non-automobiles while intoxicated or impaired by alcohol and/or a controlled substance: motorcycle, golf cart, off-road vehicle (ORV), snowmobile (SM), riding a lawn mower, or horse drawn wagon.
For instance, in Pontiac, Michigan, Roy Walton was charged for an OWI because he operated his riding lawn mower while impaired by alcohol on a public street. This story is similar to a man in Pennsylvania, who was also charged for an drunk driving while carrying an open can of beer while driving his lawn mower on a public road.
Typically, most non-automobile OWI charges occur when people operate a SM or ORV while impaired. Below I have provided a summary of sentencing and penalties for an SM/ORV OWI conviction in Michigan.
|Conviction||Court Fines||Jail Sentence||License Suspension|
|1st Offense||Up to $300||Up to 93 days in jail and 12 to 45 days of community service.||Four points will be added to your driver’s record and you will be prohibited from operating a SM/ORV from 90 days to 1 year.|
(Within 7 Years)
|Up to $1,000||Up to 1 year in jail and 12 to 90 days of community service.||Four points will be added to your driver’s record and you will be prohibited from operating a SM/ORV from 6 months to 2 years.|
Note, police officers will generally conduct a standard series of field sobriety and chemical tests for non-automobile OWI investigations. If you are convicted for a non-automobile OWI, your standard or commercial driver’s license may be suspended or revoked as well.
If you have been arrested for a OWI in Ann Arbor, contact Ann Arbor criminal defense attorney Stacey Washington to help you navigate through this difficult situation in your life. Stacey Washington has helped several clients mitigate any long-term consequences of OWIs/OWPDs.