FRAIBERG & PERNIE
If you have been arrested, charged with a crime, or accused of DUI or OWI in Michigan, the legal terminology used throughout your case can be unfamiliar and confusing. Understanding these terms helps you follow the criminal court process, gauge possible penalties, identify available defenses, and know what to expect as your case moves through Michigan’s courts.
This Michigan Criminal Defense Legal Glossary from Fraiberg & Pernie explains commonly used criminal defense, DUI, and OWI terms in plain English. Whether you are facing a misdemeanor, felony, probation violation, assault charge, drug offense, or drunk-driving allegation, it covers the legal process from arrest through final resolution. Common topics include OWI (Operating While Intoxicated), OWVI, High BAC (“Super Drunk”), BAC, arraignment, probable cause, reasonable suspicion, motion to suppress, search warrants, HYTA, MCL 333.7411, expungement, probation violations, and driver’s license consequences.
What does OWI mean in Michigan? OWI stands for Operating While Intoxicated — Michigan’s legal term for driving under the influence of alcohol or drugs, prohibited under MCL 257.625. Many people still say “DUI,” but OWI is the term used in Michigan law.
What is the difference between OWI and OWVI? An OWI generally involves intoxication or a BAC of 0.08 or higher, while an OWVI (Operating While Visibly Impaired) is based on visible impairment and is generally a less serious offense, though it still carries significant penalties.
What is High BAC? A High BAC offense involves a bodily alcohol content of 0.17 or higher, triggering enhanced penalties under MCL 257.625(1)(c), including up to 180 days in jail and mandatory ignition interlock.
What happens at an arraignment? An arraignment is the first formal court appearance after charges are filed, where the court advises you of the charges, explains your rights, sets bond or release conditions, and schedules future court dates.
Can a criminal conviction be removed from my record? Some convictions qualify for expungement (a “set aside”) under Michigan’s Clean Slate laws, MCL 780.621 et seq., depending on the offense, criminal history, and waiting period.
Being charged with a crime is overwhelming, especially when unfamiliar legal terms are used throughout your case. Many of these terms directly relate to jail or prison exposure, driver’s license consequences, bond conditions, constitutional rights, search-and-seizure issues, available defenses, plea negotiations, trial procedures, and sentencing options. Understanding the terminology will not replace legal advice, but it can help you make more informed decisions throughout the criminal justice process.
OWI, OWVI, High BAC, BAC, Arraignment, Arrest, Bond, Probable Cause, Motion to Suppress, Miranda Rights, HYTA, MCL 333.7411, Expungement, Probation Violation.
An acquittal is a finding of not guilty after a criminal trial, meaning the prosecution did not prove the defendant’s guilt beyond a reasonable doubt. An acquittal ends the prosecution for that offense and generally bars the government from prosecuting the defendant again for the same crime (the double-jeopardy protection).
An adjournment is the postponement of a scheduled court hearing to a later date. Adjournments are common in criminal cases and may provide additional time for investigation, discovery, negotiations, or trial preparation.
An affidavit is a written statement made under oath. Law enforcement officers commonly use affidavits when requesting search warrants or arrest warrants, and judges rely on them when deciding whether sufficient facts exist to issue a warrant.
An appeal is a request asking a higher court to review a legal ruling made by a lower court. Appeals focus on whether legal errors affected the outcome of a case rather than retrying the facts.
An arraignment is usually the first formal court appearance after criminal charges have been filed. During an arraignment, the court advises the defendant of the charges, explains constitutional rights, sets bond or release conditions, and schedules future court dates. Bond conditions set at arraignment may affect travel, employment, alcohol use, drug testing, and firearm possession while the case is pending.
An arrest occurs when law enforcement takes someone into custody because officers believe probable cause exists that a crime was committed. An arrest begins the criminal court process and may lead to booking, bond decisions, criminal charges, evidence collection, and court proceedings. Fraiberg & Pernie evaluates whether law enforcement acted lawfully and whether constitutional rights were protected throughout the investigation.
BAC measures the concentration of alcohol in a person’s bloodstream. Under Michigan law, a BAC of 0.08 or higher may support an OWI charge, while 0.17 or higher may support a High BAC charge. BAC results often play an important role in Michigan OWI cases, though breath and blood testing procedures may be challenged under the appropriate circumstances.
Bail is money or property posted to secure a defendant’s release from custody pending trial. The purpose of bail is to ensure the defendant appears for future court proceedings.
A bench warrant is a warrant issued by a judge, typically when a defendant fails to appear for a scheduled court date or violates a court order.
“Beyond a reasonable doubt” is the highest burden of proof in the legal system and the standard the prosecution must meet to obtain a criminal conviction. It does not require absolute certainty, but it requires proof so convincing that a reasonable person would not hesitate to rely on it.
A blood test is a chemical analysis of a blood sample used to determine alcohol or drug content. In OWI cases, blood tests must follow strict collection, storage, chain-of-custody, and laboratory protocols to be reliable.
A body camera is a recording device worn by law enforcement that captures audio and video of police interactions. Body camera footage is frequently reviewed in criminal cases to compare officers’ written reports with what actually occurred.
Bond is the set of conditions — and sometimes financial security — that allows a defendant to be released from custody while a case is pending. Courts may impose conditions such as alcohol testing, drug testing, travel restrictions, or reporting requirements.
Booking is the administrative process after an arrest in which law enforcement records the defendant’s personal information, takes fingerprints and photographs, and places the person in custody.
Charges are the formal accusations filed by the prosecutor alleging that a defendant committed a criminal offense.
Circumstantial evidence is indirect evidence that requires the fact-finder to draw an inference, rather than directly proving a fact. Circumstantial evidence can be sufficient to support a conviction.
A continuance is a court order delaying a proceeding to a later date, often granted to allow additional time for preparation.
The Datamaster DMT is the evidential breath-testing instrument used by Michigan law enforcement after an OWI arrest. Defense attorneys may review calibration records, maintenance logs, the observation period, operator certification, and testing procedures to assess whether a breath result is admissible and reliable.
A deferred sentence allows the court to delay sentencing while a defendant completes specific court-ordered conditions. Successful completion may result in reduced penalties, dismissal, or another favorable outcome depending on the applicable law.
Direct examination is the questioning of a witness by the attorney who called that witness to testify, allowing each side to present evidence supporting its case before cross-examination begins.
Discovery is the process through which prosecutors provide evidence to the defense. Discovery may include police reports, body and dash camera footage, witness statements, laboratory reports, blood and breath test results, photographs, and digital evidence. Discovery often identifies strengths and weaknesses in both sides’ cases and helps the defense prepare for negotiations or trial.
A dismissal ends criminal charges before a conviction is entered. Charges may be dismissed because of insufficient evidence, constitutional violations, successful legal motions, prosecutorial discretion, or diversion program completion.
A diversion program allows eligible defendants to complete court-ordered conditions in exchange for reduced charges, dismissal, or avoiding a criminal conviction. Eligibility depends on the offense, criminal history, and local court policies.
Double jeopardy is the constitutional protection that generally prevents someone from being prosecuted twice for the same offense after an acquittal or conviction, guaranteed by the Fifth Amendment to the United States Constitution.
Evidence is information presented to prove or disprove facts in a criminal case, including witness testimony, documents, videos, photographs, physical evidence, blood and breath tests, and digital evidence. The admissibility and reliability of evidence often determine the outcome of a case.
An expungement, also called a set aside, removes eligible criminal convictions from the public record under Michigan’s Clean Slate laws (MCL 780.621 et seq.). Expungement may improve opportunities involving employment, housing, professional licensing, and education. Certain convictions are automatically set aside under MCL 780.621g after a waiting period.
Exculpatory evidence is evidence that tends to show a defendant’s innocence or reduce criminal responsibility. The prosecution has a legal obligation to disclose certain exculpatory evidence to the defense.
A felony is a criminal offense generally punishable by more than one year in prison. Felony convictions may carry long-term consequences affecting employment, professional licenses, firearm rights, and other legal interests.
Field Sobriety Tests are roadside physical and mental exercises used during OWI investigations. Common tests include the Walk-and-Turn, the One-Leg Stand, and Horizontal Gaze Nystagmus (HGN). These tests are subjective and frequently challenged in Michigan OWI cases.
The Fifth Amendment protects individuals against self-incrimination and guarantees due process of law. It includes the right to remain silent and forms the basis for many constitutional protections in criminal investigations.
The Fourth Amendment protects people against unreasonable searches and seizures. Many criminal defense cases involve questions about whether police lawfully stopped, searched, detained, or arrested a person.
A guilty plea is a formal admission that the defendant committed the charged offense. Before accepting a guilty plea, the court generally ensures the plea is voluntary, knowing, and supported by an adequate factual basis.
A habitual offender enhancement may increase criminal penalties because of certain prior convictions. Habitual offender status can significantly increase the maximum sentence available under Michigan law.
A High BAC offense involves a bodily alcohol content of 0.17 or higher, triggering enhanced penalties under MCL 257.625(1)(c). A High BAC offense involves a bodily alcohol content of 0.17 or higher and carries enhanced criminal and driver’s-license consequences under Michigan law, including up to 180 days in jail. Restricted driving privileges after the applicable suspension generally require an approved ignition-interlock device
HYTA (MCL 762.11 et seq.) allows eligible defendants who commit certain offenses between their 17th and 26th birthdays to avoid a public criminal conviction after successfully completing court-ordered conditions. Successful completion may prevent a public criminal record while still requiring compliance with court requirements.
An ignition interlock is a device installed in a vehicle that requires the driver to provide a clean breath sample before the vehicle will start. Ignition interlock devices are commonly required in High BAC cases and certain driver’s license restoration matters.
Michigan’s Implied Consent Law (MCL 257.625c) provides that drivers lawfully arrested for OWI are deemed to have consented to a chemical test of their breath, blood, or urine. Refusing a chemical test after a lawful OWI arrest may result in a one-year driver’s license suspension, six points on the driving record, and a separate implied consent hearing.
Indigent defense refers to legal representation provided to defendants who qualify financially for a court-appointed attorney. Individuals who cannot afford a private attorney may qualify for appointed legal counsel.
An Information is the formal felony charging document filed in circuit court after a defendant has been bound over from district court. It officially identifies the felony charges that will proceed in circuit court.
An initial appearance is the first time a defendant appears before a judge after an arrest. Depending on the case, the court may advise the defendant of the charges, address bond, explain constitutional rights, and schedule future hearings.
Judicial notice allows a court to recognize certain facts as true without requiring formal evidence, generally limited to facts that are not reasonably disputed.
A jury trial allows a group of citizens to determine whether the prosecution has proven the defendant guilty beyond a reasonable doubt. Most criminal defendants have the constitutional right to request a jury trial.
A license revocation terminates driving privileges until a driver successfully completes the legal process required for restoration. Unlike a suspension, a revoked license is not automatically reinstated after a set period.
A license suspension temporarily removes driving privileges for a specific period established by law or court order. Many OWI convictions involve driver’s license suspensions or restrictions.
MCL 333.7411 allows many eligible first-time controlled-substance offenders to avoid a public criminal conviction after successfully completing probation. Successful completion may result in dismissal of the charge and protection from a public criminal record.
Miranda Rights advise individuals of important constitutional protections before custodial police questioning, including the right to remain silent, the right to an attorney, and notice that statements may be used in court. Statements obtained in violation of Miranda may be subject to suppression.
A misdemeanor is a criminal offense generally punishable by up to one year in jail. Although less serious than felonies, misdemeanor convictions may still result in jail, probation, fines, and a permanent criminal record.
Mitigation refers to facts or circumstances that may reduce the severity of a sentence or influence the court’s decision. Positive mitigation may include lack of prior criminal history, employment, family responsibilities, counseling, and rehabilitation efforts.
A motion is a formal request asking the court to issue a legal ruling. Common examples include a Motion to Suppress, Motion to Dismiss, Motion to Compel, and Motion to Modify Bond. Motions often determine what evidence may be used at trial and how a case proceeds.
A Motion to Suppress asks the court to exclude evidence obtained in violation of the Constitution or other legal requirements. Common grounds include illegal searches, invalid search warrants, Miranda violations, unlawful traffic stops, and other constitutional violations. Suppressing key evidence may significantly weaken the prosecution’s case and, in some situations, lead to dismissal or more favorable plea negotiations.
A No Contest (Nolo Contendere) plea allows a defendant to accept a criminal conviction without admitting guilt. No Contest pleas are sometimes used when civil liability may also be an issue.
Nolle Prosequi is the formal dismissal of criminal charges by the prosecutor. Once entered, the prosecution is no longer pursuing the specific charge, although future prosecution may depend on the circumstances.
OWI is Michigan’s legal term for driving under the influence of alcohol or drugs, prohibited under MCL 257.625. An OWI charge may involve a BAC of 0.08 or higher, alcohol impairment, drug impairment, or a combination. An OWI conviction may result in jail, probation, driver’s license sanctions, increased insurance costs, ignition interlock, and a permanent criminal record.
OWPD prohibits operating a vehicle with certain controlled substances present in the body. Unlike alcohol cases, some controlled substances may result in criminal liability based on their presence rather than actual impairment.
OWVI is a Michigan offense involving visible impairment caused by alcohol or drugs. Although generally less serious than OWI, an OWVI conviction still carries significant criminal and driver’s license consequences.
A PBT is a handheld roadside breath-testing device used during an OWI investigation. Police officers commonly use PBT results to help establish probable cause for an OWI arrest.
A Personal Recognizance Bond (PR Bond) allows a defendant to be released without posting money based on a promise to appear in court. The court may still impose conditions even when no cash bond is required.
A plea agreement is a negotiated resolution between the prosecution and the defense that may involve reduced charges, reduced penalties, sentencing recommendations, or dismissal of other charges. Many criminal cases are resolved through negotiated plea agreements rather than trial.
A police report is the written summary prepared by law enforcement describing the investigation, observations, witness statements, and alleged criminal conduct. Police reports are frequently reviewed for inconsistencies, omissions, and factual disputes.
A Preliminary Examination is a district court hearing in felony cases where the judge determines whether probable cause exists to send the case to circuit court. If probable cause is established, the case is generally bound over to circuit court for further proceedings.
A Pretrial Conference is a court hearing where the parties discuss the status of the case, discovery, motions, and possible resolutions. Many plea negotiations occur during pretrial conferences.
Probable Cause is the legal standard allowing police officers to make an arrest, conduct certain searches, or obtain a search warrant. Weak probable cause may become the basis for suppression motions or other constitutional challenges.
Probation allows a defendant to remain in the community under court supervision instead of serving jail or prison. Common conditions include reporting, drug and alcohol testing, counseling, community service, and educational classes. Violating probation conditions may result in additional penalties or incarceration.
A Probation Violation occurs when a defendant fails to comply with one or more court-ordered probation conditions. Possible consequences include jail, extended probation, additional conditions, or revocation of probation.
A prosecutor is the government attorney responsible for proving criminal charges against the defendant. The prosecutor bears the burden of proving guilt beyond a reasonable doubt.
A public defender or court-appointed attorney represents defendants who qualify financially for appointed counsel. Every criminal defendant has the constitutional right to legal representation, regardless of financial resources.
Reasonable suspicion is the legal standard that allows a police officer to briefly stop or detain a person to investigate possible criminal activity. It requires specific, articulable facts — it is a lower standard than probable cause and cannot be based on a mere hunch.
Restitution is court-ordered payment requiring a defendant to reimburse a victim for financial losses caused by a crime. Restitution may be ordered in addition to fines, court costs, probation, or incarceration.
A restricted license allows limited driving privileges for approved purposes such as employment, school, medical appointments, court appearances, and court-ordered treatment. Restricted licenses often apply after certain OWI convictions or during the driver’s license restoration process.
Search and seizure refers to law enforcement’s authority to search persons, vehicles, homes, or property and to collect evidence. Searches and seizures are governed by the Fourth Amendment, and illegal searches may result in evidence being suppressed.
A search warrant is a court order authorizing law enforcement to search a person, vehicle, home, business, or other property for evidence of a crime. A search warrant generally must be supported by probable cause and approved by a judge.
Self-incrimination refers to providing information that could expose a person to criminal liability. The Fifth Amendment protects individuals from being compelled to incriminate themselves.
Sentencing is the court proceeding where penalties are imposed after a conviction or guilty plea. Possible penalties include jail or prison, probation, fines, community service, counseling, and driver’s license sanctions. Sentencing decisions are influenced by the offense, criminal history, sentencing guidelines, victim impact, and other legal considerations.
A set aside, commonly referred to as an expungement, removes eligible criminal convictions from the public record under Michigan’s Clean Slate laws (MCL 780.621 et seq.). Expungement may improve opportunities involving employment, housing, professional licensing, and education.
Sobriety Court is a specialized treatment court designed for eligible individuals with substance abuse issues. Successful participation may reduce incarceration while promoting treatment, accountability, and long-term recovery.
A subpoena is a legal order requiring someone to appear in court or produce documents or other evidence. Failure to comply with a subpoena may result in additional legal consequences.
Testimony is evidence given under oath by a witness during a court proceeding. Witness testimony often plays a critical role in determining the outcome of criminal cases.
A traffic stop is the temporary detention of a motor vehicle by law enforcement. Many Michigan OWI investigations begin with a traffic stop, and whether police had a lawful reason for initiating the stop may become an important defense issue.
A trial is the formal court proceeding where a judge or jury determines whether the prosecution has proven the defendant guilty beyond a reasonable doubt. During trial, both sides may present evidence, question and cross-examine witnesses, make legal arguments, and deliver closing arguments.
Voir dire is the jury selection process conducted before a jury trial. Attorneys question prospective jurors to help ensure a fair and impartial jury.
A warrant is a written court order authorizing law enforcement to perform a specific legal action, such as making an arrest or conducting a search. Common warrants include arrest warrants, bench warrants, and search warrants. Whether a warrant was lawfully issued may become an important issue in a criminal defense case.
A witness is a person who provides testimony or other evidence during a criminal investigation or court proceeding. The credibility and reliability of witnesses often have a significant impact on the outcome of a criminal case.
What is the difference between OWI and DUI in Michigan?
Michigan law uses the term Operating While Intoxicated (OWI) rather than DUI. Many people still say “DUI” when referring to drunk driving, but OWI is the legal term used in Michigan under MCL 257.625.
What is the difference between OWI and OWVI?
An OWI generally involves intoxication or a BAC of 0.08 or higher. An OWVI (Operating While Visibly Impaired) is based on visible impairment and is generally considered a less serious offense, although it still carries significant penalties.
What happens after I am arrested?
While every case is different, many criminal cases follow a similar path: arrest, booking, arraignment, bond, discovery, pretrial conferences, plea negotiations or trial, and sentencing if convicted.
Can evidence be thrown out?
Sometimes. Evidence obtained in violation of constitutional protections or other legal requirements may be challenged through a Motion to Suppress.
Can my criminal conviction be removed from my record?
Some convictions qualify for expungement or a set aside under Michigan’s Clean Slate laws (MCL 780.621 et seq.), although eligibility depends on the offense, criminal history, and waiting period.
Can police search my vehicle?
Police may search a vehicle with a warrant, with consent, or under recognized exceptions to the warrant requirement (such as probable cause under the automobile exception). Whether a search was lawful depends on the specific facts and is often contested.
What are Miranda Rights?
Miranda Rights are the warnings police must give before custodial interrogation, advising of the right to remain silent, the right to an attorney, and that statements may be used in court. Statements obtained in violation of Miranda may be suppressed.
What is HYTA?
The Holmes Youthful Trainee Act (MCL 762.11) allows eligible defendants who commit certain offenses between their 17th and 26th birthdays to avoid a public criminal conviction by completing court-ordered conditions.
What is MCL 333.7411?
MCL 333.7411 allows eligible first-time controlled-substance offenders to avoid a public criminal conviction after successfully completing probation.
What happens if I violate probation?
A probation violation may result in jail, extended probation, additional conditions, or revocation of probation, depending on the violation and the court’s determination.
Understanding criminal law terminology can make the legal process less confusing, but every criminal case is unique. The meaning and significance of a legal term often depends on the specific facts, evidence, and procedural history of the case. If you have been arrested or charged with a crime in Michigan, consulting with an experienced criminal defense attorney can help you understand your rights, your legal options, and the best strategy for your situation.
Clients choose Fraiberg & Pernie because of more than 40 years of combined experience, former prosecutor insight, a prior law enforcement perspective, strong DUI and criminal defense experience, evidence-driven defense strategy, and deep local court knowledge. The firm represents clients throughout Oakland, Wayne, and Macomb Counties and Southeast Michigan.
Call (248) 986-2682 for a confidential consultation.
Michigan Legislature — MCL 257.625 (OWI, High BAC, and implied consent statutes)
Michigan State Police — Impaired Driving Law (BAC thresholds and OWI penalties)
Michigan Legislature — MCL 762.11 (Holmes Youthful Trainee Act / HYTA)
Michigan Legislature — MCL 333.7411 (first-time controlled-substance deferral)
Michigan Legislature — MCL 780.621 (expungement / set aside, Clean Slate)
Michigan Courts — Deferred Adjudication Benchbook (HYTA and MCL 333.7411 eligibility)
Written by Matthew Fraiberg — Michigan Criminal Defense Attorney, Former City Prosecutor, Judicial Clerk, DUI & OWI Defense Lawyer.
Call (248) 986-2682 today.
Fraiberg & Pernie, 1000 S Old Woodward, Suite 103, Birmingham 48009
Related Michigan DUI Resources
Ultimate Guide to Michigan DUI Law
Michigan DUI Penalties
Best DUI Lawyers in Michigan
Written by Matthew Fraiberg
Legal review information
Last reviewed for legal accuracy: September 2026
Reviewed by Matthew A. Fraiberg, Michigan criminal defense attorney and former city prosecutor, licensed in Michigan since 1997.
This page provides general legal information, not legal advice. Michigan law and local court procedures may change.
Fraiberg & Pernie represents clients throughout Michigan, including:
We serve clients throughout Michigan, including, but not limited to, those in the following in Oakland County including Southfield, Novi, Troy, Pontiac, Walled Lake, Commerce Township, Waterford, Royal Oak, Rochester Hills, Farmington Hills, Hazel Park, West Bloomfield, Birmingham, Keego Harbor, Clarkston, White Lake, Ferndale, Bloomfield Township and Bloomfield Hills; Wayne County including Detroit, Livonia, Canton, Northville, Plymouth, Romulus, Dearborn, Wayne, Wyandotte, Westland, Taylor, Redford, Lincoln Park, Woodhaven, Southgate, and Allen Park; Macomb County including Warren, Sterling Heights, Shelby Township, Mount Clemens, Clinton Township, New Baltimore, Roseville, St. Clair Shores, Eastpointe, and Romeo; Livingston County including Brighton and Howell; Washtenaw County including Ann Arbor, Ypsilanti and Chelsea; Genesee County including Flint and Grand Blanc; and Lapeer County including Lapeer and Metamora.
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