Local DUI Laws

Understanding When OWI Charges Might Be Dropped in Michigan

In Michigan, impaired driving charges fall under the legal term OWI, short for Operating While Intoxicated. Many drivers assume that once they’ve been arrested, the outcome is predetermined—but that’s not always the case. OWI charges can be dropped, but only in certain situations, and usually not without very specific circumstances or procedural issues.

The legal process following an OWI arrest is structured and consistent throughout Michigan, but individual outcomes can vary depending on the quality of evidence, how the arrest was handled, and whether the case has legal vulnerabilities. In some instances, charges are reduced or dismissed, either before court proceedings begin or during the early stages of a trial.

This post explains how, why, and when OWI charges might be dropped in Michigan. It outlines the factors prosecutors and courts consider when reviewing an OWI case and what kind of procedural or evidentiary issues may lead to a dismissal. While not common, dropped OWI charges do happen—and understanding the pathways can clarify how the law actually works in practice.

How OWI Charges Are Filed After an Arrest

After someone is arrested for OWI in Michigan, the next step is the filing of formal charges. This is not automatic. Law enforcement officers submit their arrest reports, test results, and supporting materials to the local prosecutor’s office, which then decides what charges, if any, to pursue.

The prosecutor’s decision is based on:

• BAC (blood alcohol content) readings
• Field sobriety test performance
• Officer observations and recorded statements
• Dash cam or body cam footage
• Evidence of drug use or mixed substance impairment

At this stage, the prosecutor may determine that the case is strong enough to proceed—or may decide not to file any charges at all. If a critical piece of evidence is missing, flawed, or inadmissible, this can influence the decision significantly.

In some instances, a prosecutor may choose to file lesser charges—such as Operating While Visibly Impaired (OWVI)—instead of a full OWI charge, based on the available evidence. In rarer cases, the prosecutor may decline to file charges altogether, which effectively drops the case before it even enters the courtroom.

Lack of Sufficient or Admissible Evidence

One of the most common reasons OWI charges are dropped in Michigan is due to insufficient or unreliable evidence. Even though an arrest has occurred, the prosecution still has to prove guilt beyond a reasonable doubt in court. If the case lacks solid, admissible evidence, the state may have no choice but to dismiss the charge.

Common evidence-related problems include:

• Breathalyzer errors or calibration issues
• BAC tests not performed within the legal time window
• Unclear or contradictory field sobriety test results
• Loss or corruption of dash cam or body cam footage
• Missing chain of custody documentation for blood tests

In Michigan, all testing equipment must meet specific maintenance and calibration standards. If the breath test device was not certified or maintained properly, the BAC result may be excluded from evidence. Without a BAC result or clear signs of impairment, the prosecution may not be able to proceed.

It’s also possible for a BAC to register below the legal limit of 0.08%, but the officer may have believed impairment was present. If the driver performed well on field sobriety tests and there’s no clear evidence of drug use, the prosecutor may view the case as too weak to pursue.

Procedural Errors During Arrest or Testing

Michigan law enforces strict rules about how evidence is collected and how arrests are made. If those rules are broken—or even slightly mishandled—it can lead to a legal motion to suppress key evidence. If successful, these suppression motions may leave the prosecution with no usable case.

Common procedural errors include:

• Lack of reasonable suspicion for the traffic stop
• Lack of probable cause for arrest
• Failure to follow implied consent protocols
• Improper administration of field sobriety tests
• Failure to inform the driver of rights and legal obligations
• Warrantless blood draws without proper legal grounds

In Michigan, drivers are protected by both state and federal constitutional rights, including protections against unlawful search and seizure. If a traffic stop was initiated without legal justification or if a chemical test was conducted without following required procedures, that evidence may be suppressed.

If a court suppresses the BAC test, the field test, or officer statements, prosecutors may drop the charges due to lack of remaining admissible evidence. It’s important to understand that suppression doesn’t automatically lead to dismissal—but it often plays a key role.

Possibility of Charge Reduction or Diversion

In many OWI cases, especially first-time offenses, prosecutors may reduce the charge or offer diversionary options instead of pursuing full prosecution. While this technically isn’t a “dismissal,” it often has the same effect—avoiding a criminal conviction or reducing the long-term consequences.

Examples include:

• Reduction to Impaired Driving (OWVI) – A lesser offense that carries fewer penalties and doesn’t carry the same stigma.
• Youthful offender programs – For drivers under 24, certain jurisdictions offer diversion in exchange for alcohol education or community service.
• Sobriety court or treatment programs – These allow for monitored rehabilitation with the possibility of case resolution without conviction.

Participation in these alternatives usually requires strict compliance with court orders, such as:

• Random drug or alcohol testing
• Installation of an ignition interlock device
• Completion of educational or treatment programs

Upon successful completion, the court may dismiss the original OWI charge, or allow the record to remain sealed or expunged under specific state guidelines. However, availability depends on the county, the judge, and the unique facts of the case.

Charges Dropped Due to Witness or Officer Issues

Sometimes OWI charges are dropped not because of evidence problems, but because of personnel issues. For instance:

• The arresting officer may be unavailable to testify at trial.
• The officer may have left the department, making court appearance scheduling difficult.
• Key witnesses to the incident fail to appear or refuse to cooperate.

Without the arresting officer’s testimony, many OWI cases cannot proceed—especially when the defense is challenging the validity of the stop, the field tests, or statements made during the arrest.

In rare cases, officers may also contradict themselves in their own reports or depositions, weakening the integrity of the state’s case. If the credibility of the arrest is in question, the prosecutor may dismiss the case to avoid trial complications or potential acquittal.

Dropping Charges Before Trial vs. During Trial

OWI charges in Michigan can be dropped at different stages:

• Before arraignment: If the prosecutor finds the evidence too weak to file.
• After arraignment, before trial: If legal motions succeed or plea agreements are reached.
• During trial: If new facts emerge that significantly damage the prosecution’s case.

While most dismissals happen early, some cases unravel during trial due to new evidence, contradictions in officer testimony, or unforeseen legal issues. However, by the time a case reaches trial, prosecutors have often committed significant resources and are less likely to dismiss unless absolutely necessary.

FAQ: Dropping OWI Charges in Michigan

Are OWI charges dropped often in Michigan?
Not frequently. Most cases proceed to resolution unless there are clear problems with evidence or procedure.

Can a clean breath test result lead to dropped charges?
Possibly. If the BAC is under the legal limit and there are no other strong signs of impairment, prosecutors may decline to file or pursue the case.

Do you need a lawyer to get charges dropped?
Having a defense attorney can help identify procedural flaws or evidence weaknesses, which can increase the chances of dismissal or reduction.

Can OWI charges be dropped after arraignment?
Yes, although it’s less common. New facts, legal motions, or negotiation outcomes can sometimes lead to a dismissal at this stage.

Is participating in a court program a way to get charges dropped?
In some counties, yes. Diversion programs or sobriety court options can result in dismissals if the defendant successfully completes all requirements.

Does the type of OWI matter?
Yes. First-time offenses are more likely to qualify for reductions or programs. Repeat offenses or high BAC cases are far less likely to be dismissed.

Can charges be dropped due to police mistakes?
Yes. If an officer violated legal protocol, such as making an unlawful stop or improperly conducting a test, the resulting evidence may be excluded, weakening the case.

Conclusion

In Michigan, OWI charges can be dropped, but only under very specific conditions. These typically involve insufficient evidence, legal procedural errors, or successful participation in diversionary programs. While the majority of OWI cases move forward through the court system, understanding the edge cases where dismissals happen helps clarify how the law is applied in practice.

For a full breakdown of Michigan’s impaired driving system and how arrests progress through the legal system, visit our guide on how OWI laws work.

To explore how charges are evaluated and filed, check out our in-depth page on how OWI charges are filed and prosecuted.