Trenton, MI asked in DUI / DWI for Michigan

Q: One more question: What is the difference between Ordinance OWI and Statute OWI. Thank you for your information.

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2 Lawyer Answers
Jeffrey Buehner
Jeffrey Buehner
Answered
  • DUI & DWI Lawyer
  • Farmington Hills, MI
  • Licensed in Michigan

A: An ordinance violation is charged under local ordinance (e.g. - city, township or village ordinance). Statutory law refers to Michigan state statutory laws (Michigan Compiled Laws). The substance of a local OWI ordinance is generally the same as state law. The primary difference is local ordinance OWI is prosecuted by the city, township or village attorney while state law is prosecuted by the county prosecutor. All felony OWI prosecutions are handled by county prosecutors.

Frank B. Ford agrees with this answer

Frank B. Ford
Frank B. Ford
Answered
  • DUI & DWI Lawyer
  • Dearborn Heights, MI
  • Licensed in Michigan

A: As Mr. Buehner states, the difference is in whether the case is being prosecuted by the local municipality's attorney, or by the county prosecutor's office. There are a few municipalities that have an agreement with their county to prosecute state law cases, but that is unusual. The wording of the statute and the ordinance are usually identical. No matter which, it's a serious matter and deserves retaining an experienced drunk driving defense attorney to represent you. Sincerely, Frank B. Ford

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