Michigan Legal Glossary page

Michigan Legal Glossary — Key Criminal and DUI Terms

This glossary explains common legal terms used in Michigan criminal and DUI cases. These definitions are intended to help you understand how cases are investigated, processed, and resolved in Michigan courts.

Arrest and Evidence Terms

BAC (Blood Alcohol Content)

A measurement of the amount of alcohol in a person’s bloodstream.

• 0.08 is the legal limit for OWI in Michigan
• 0.17 or higher is classified as High BAC (“Super Drunk”), which carries enhanced penalties

High BAC (“Super Drunk”)

A DUI charge involving a BAC of 0.17 or higher.

• Carries increased penalties
• Requires ignition interlock for restricted driving
• Often involves stricter probation conditions

Implied Consent

A Michigan law stating that drivers automatically agree to chemical testing (breath, blood, or urine) if lawfully arrested for DUI.

• Refusal can result in a one-year license suspension
• This penalty is separate from the criminal DUI case

PBT (Preliminary Breath Test)

A handheld breath test given at the roadside.

• Used to help establish probable cause
• Generally not admissible at trial to prove intoxication

Datamaster Breath Test

A stationary breathalyzer test administered at the police station.

• Used as official evidence of BAC in Michigan DUI cases
• Must follow strict calibration and testing procedures

Blood Test (Chemical Test)

A laboratory test used to measure alcohol or drugs in the bloodstream.

• Often used when drugs are suspected
• Must follow proper collection and handling procedures

Probable Cause

The legal standard required for police to make an arrest or conduct a search.

• Must be based on specific facts and observations
• Often challenged in DUI and criminal cases

Field Sobriety Tests (FSTs)

Physical and cognitive tests used by police during a DUI investigation.

Common examples include:

• Walk-and-turn
• One-leg stand
• Horizontal gaze nystagmus (eye test)

Court Procedure Terms

Arraignment

The first court appearance in a criminal case.

• Charges are formally read
• Rights are explained
• Bond conditions are set

Bond (Bail)

Conditions set by the court for release while a case is pending.

May include:

• No alcohol use
• Drug or alcohol testing
• Travel restrictions

Discovery

The process where the prosecution provides evidence to the defense.

This may include:

• Police reports
• Bodycam or dashcam footage
• Laboratory and testing records

Motion to Suppress

A request asking the court to exclude evidence from the case.

This may occur when:

• Evidence was obtained unlawfully
• Proper procedures were not followed
• Constitutional rights were violated

Pretrial Conference

A stage where the defense and prosecutor review the case and discuss possible resolutions.

• Evidence is evaluated
• Legal issues may be raised
• Many cases are resolved at this stage

Plea Agreement

An agreement between the defense and prosecution to resolve a case without trial.

• May involve reduced charges
• May involve negotiated sentencing terms

Trial

A formal court proceeding where evidence is presented and a judge or jury determines guilt or innocence.

DUI and Driver’s License Terms

OWI (Operating While Intoxicated)

Michigan’s legal term for DUI.

• Applies when BAC is 0.08 or higher
• Also applies when a person is impaired by alcohol or drugs

OWVI (Operating While Visibly Impaired)

A lesser DUI-related offense.

• Does not require a BAC of 0.08
• Based on visible impairment

License Suspension

A temporary loss of driving privileges.

• May allow restricted driving after a certain period

License Revocation

A termination of driving privileges.

• Requires a formal hearing to restore

Restricted License

Limited driving privileges granted for specific purposes such as:

• Work
• School
• Medical appointments
• Court requirements

Ignition Interlock Device (IID)

A breath-testing device installed in a vehicle.

• Prevents the car from starting if alcohol is detected
• Often required in High BAC or repeat DUI cases

Sentencing and Legal Programs

HYTA (Holmes Youthful Trainee Act)

A Michigan law that allows certain young adults (typically ages 18–25) to avoid a public criminal conviction.

• Case is dismissed upon successful completion
• No public criminal record

MCL 333.7411

A Michigan statute allowing certain first-time drug offenses to be resolved without a public conviction.

• Applies to eligible possession charges
• Requires successful completion of probation

Deviation Request

A formal request asking the prosecutor or court to consider a reduced charge or alternative resolution based on the circumstances of the case.

Probation

A period of supervision instead of jail.

May include:

• Regular reporting
• Drug or alcohol testing
• Counseling or classes

Set Aside (Expungement)

The legal process of removing a conviction from the public criminal record.

• Some cases qualify automatically under Michigan’s Clean Slate laws
• Others require a formal application

Clean Slate Law

Michigan laws that allow certain convictions to be automatically expunged after a waiting period.

• Typically 7 years for some misdemeanors
• Up to 10 years for certain felonies

Court and Enforcement Terms

Bench Warrant

A warrant issued by a judge when someone fails to appear in court or violates a court order.

Probation Violation

Occurs when a person does not follow the conditions of probation.

• Can result in additional penalties, including jail

Sobriety Court

A specialized court program focused on treatment and monitoring instead of jail.

• Includes frequent testing and supervision
• May allow restricted driving privileges in some cases