What does the prosecutor have to actually prove to convict an accused of the crime of OWI?

Under Michigan law, the prosecutor must prove three things beyond a reasonable doubt to prove you are guilty of an OWI.

  1. You actually operated a motor vehicle.
  2. You operated the motor vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles.
  3. You operated the motor vehicle under the influence of alcoholic liquor (or other intoxicating substance) with a blood alcohol level of .08% or greater.