Michigan OWI Laws

Michigan's per-se limit is 0.08: operating with an alcohol content of 0.08 grams or more is operating while intoxicated (OWI) under MCL 257.625(1)(b), and 0.08 is the current operative standard. In 2021, 2021 PA 80 eliminated the old calendar sunset that would have automatically raised the limit back to 0.10 on a fixed date. A reversion to 0.10 still survives in the statute, but it is dormant — it would take effect only if Michigan ever lost the federal highway funding conditioned on keeping a 0.08 limit (§625(28)), a contingency that has not occurred. But you can be charged below 0.08. Section 625(1)(a) makes it an OWI to drive while 'under the influence' of alcohol, a controlled substance, or another intoxicating substance, and that theory needs no chemical number at all. Even below the level for OWI, you can be charged with the lesser offense of operating while visibly impaired (OWVI) under §625(3) (see michigan-faq-3). And a BAC of 0.17 or more is its own, more serious offense — 'High BAC' or 'Super Drunk' (see michigan-faq-2). Michigan's term is OWI; 'DUI' is just the common nickname.

Michigan treats a very high BAC as its own separate offense, not just a sentencing add-on. Under §625(1)(c), operating with an alcohol content of 0.17 grams or more is a distinct per-se OWI, often called 'High BAC' or 'Super Drunk.' On a FIRST offense it is more serious than a standard OWI: the jail ceiling rises from 93 days to 180 days and the fine from $100–$500 to $200–$700 (§625(9)(a)(ii)/(iii)); the license suspension is 1 year instead of 180 days, with no restricted license for the first 45 days (§319(8)(g)); and any restricted license must be equipped with an ignition interlock device (§319(8)(h)). It is still a misdemeanor on a first offense — it is not a felony, and it is not the same thing as a second offense. The interlock locks out at a breath-alcohol level of 0.025.

Michigan splits impaired driving into two levels. OWI (§625(1)) covers driving under the influence or at 0.08 or more; OWVI (§625(3)) covers driving when, because of alcohol or drugs, your 'ability to operate the vehicle is visibly impaired' — a lower threshold than OWI. OWVI is a real misdemeanor, but a lesser one: a first OWVI carries up to 93 days in jail and a fine of no more than $300 (§625(11)(a)) and a 90-day license suspension (180 days if it was drug-related) under §319(8)(b). It is also the charge defendants are frequently pled down to, and a jury that is not convinced of OWI may instead convict of OWVI on the same charge (§625(3)). Do not assume OWVI is trivial: its own prior-offense ladder mirrors OWI's, reaching a lifetime felony at the third offense (§625(11)(c)).

Michigan reaches drugged driving two ways. First, the impairment theory: §625(1)(a) makes it an OWI to drive under the influence of any controlled or intoxicating substance, which the prosecution must prove. Second, OWPD (operating with the presence of drugs): §625(8) makes it an offense to drive with ANY amount of a schedule-1 controlled substance or cocaine in your body — a strict-presence rule that needs no proof of impairment, penalized under the same §625(9) grid as alcohol OWI. It does not reach every drug — other substances run through the impairment theory. Marijuana is the complicated case: it is legal in Michigan for adults 21 and older and for medical patients, and Michigan courts have wrestled with how the any-presence rule applies to lawful users, especially registered medical-marijuana patients who are not actually impaired. Treat the marijuana question as fact-specific and unsettled rather than assuming that any THC is automatically an OWI or that lawful use is a complete defense.

Drivers under 21 face a near-zero-tolerance rule. Section 625(6) makes it an offense to operate with 'any bodily alcohol content,' which §625(6)(a) defines as an alcohol content of 0.02 grams or more but less than 0.08 — so the operative threshold is a measured 0.02, not literally any trace. A first violation is a misdemeanor punishable by up to 360 hours of community service and a fine of up to $250 (§625(12)(a)), with a 30-day license suspension (§319(8)(c)). There is a narrow exception for alcohol consumed as part of a generally recognized religious service or ceremony, and the driver bears the burden of proving it (§625(6)(b), (23)). The under-21 rule does not replace the adult law: an under-21 driver at 0.08 or more, or who is actually impaired, can also be charged under the standard OWI or High-BAC sections.

A standard first-offense OWI (§625(9)(a)) is a misdemeanor. The court may impose one or more of: up to 360 hours of community service, up to 93 days in jail, and a fine of $100 to $500 — there is no mandatory jail term on a standard first offense. A High-BAC first offense (0.17 or more, §625(1)(c)) raises the jail ceiling to 180 days and the fine to $200–$700. Separately, your license is suspended on the §319 track — 180 days for a standard OWI (no restricted license for the first 30 days) or a full year for High-BAC (see michigan-faq-9) — and vehicle immobilization is available at the court's discretion (§904d(1)(a)). When people talk about the 'all-in cost,' that includes the base fine plus the costs of prosecution (§625(13)), a crime-victim assessment, and the interlock lease where required; it no longer includes the Driver Responsibility Fee, which Michigan repealed in 2018.

A second OWI within 7 years of a prior conviction (§625(9)(b)) is a misdemeanor, but the penalties harden. The court MUST impose a fine of $200 to $1,000, plus one or more of: 5 days to 1 year in jail, or 30 to 90 days of community service — and the jail or community-service term cannot be suspended unless you complete a specialty (sobriety) court program (§625(9)(d)). A second offense also steps your license up from suspension to REVOCATION: the Secretary of State revokes your license for at least 1 year before you can even petition to get it back (§303(2)(c), (4)), and reinstatement is not automatic. On top of that, the court must immobilize your vehicle for 90 to 180 days (§904d(1)(c)) and may order it forfeited (§625n). The 7-year clock is what separates a second offense from a first.

Yes. Under §625(9)(c) a third OWI is a FELONY if it occurs 'after 2 or more prior convictions, regardless of the number of years that have elapsed since any prior conviction' — a lifetime lookback, known as Heidi's Law. It carries a mandatory $500–$5,000 fine and EITHER (i) 1 to 5 years in state prison, OR (ii) probation with 30 days to 1 year in county jail plus 60 to 180 days of community service (at least 48 hours served consecutively); no term may be suspended absent a sobriety-court program. The real maximum exposure is 5 years in prison — §769.8 makes the statutory maximum the maximum sentence — so do not mistake the 1-year prison minimum or the 30-day jail figure for the ceiling. A felony third also triggers a license revocation with a 5-year minimum before you can petition (§303), mandatory vehicle immobilization of 1 to 3 years (§904d(1)(d)), and possible forfeiture. Note the contrast with a second offense, which requires a prior only within 7 years.

It depends on the offense and your record, and Michigan steps from suspension (first offense) to revocation (repeats). A first OWI is a 180-day suspension, with a restricted license possible after the first 30 days (§319(8)(a)); a High-BAC first offense is a 1-year suspension with no restricted license for 45 days and a mandatory interlock-restricted license thereafter (§319(8)(g)/(h)); a first OWVI is 90 days (180 if drug-related, §319(8)(b)); and an under-21 first offense is 30 days (§319(8)(c)). A second offense (2 convictions within 7 years) is a REVOCATION with at least a 1-year wait before you may petition for a new license (§303(2)(c), (4)); a third (3 convictions within 10 years) is a revocation with at least a 5-year wait (§303(2)(g), (4)). The key difference: a suspension ends on its own, but a revocation is indefinite — you must apply and win a restoration hearing, rebutting a habitual-offender presumption, before you can drive again.

Michigan does not require an interlock for every first offender. It becomes mandatory in two situations a first offender can hit: a High-BAC (0.17+) conviction, where any restricted license during the 1-year suspension must be interlock-equipped (§319(8)(h)); and where the court orders one as a condition of probation for an OWI or OWPD conviction (§625(24)). For REPEAT offenders whose license is revoked, an interlock-restricted license is the standard path back to driving after the minimum revocation period — and driving without the required device when you are restricted to it is itself a crime (§625l). The device locks the car out at a breath-alcohol level of 0.025 grams per 210 liters (§319(8)(h)), you generally pay for it, and a free device is available if your income is below 150% of the federal poverty line (§625k(5)(c)); removal requires a clean record on the device.

Yes — Michigan adds vehicle sanctions on top of jail, fines, and license loss. Under the immobilization statute (§904d), immobilization is discretionary (up to 180 days) on a first offense, mandatory for 90 to 180 days on a second offense within 7 years, and mandatory for 1 to 3 years on a third offense after two or more priors. Separately, the court MAY order the vehicle forfeited — or returned to the lessor if you lease it — for a second or third OWI, a repeat OWVI, or a death, injury, or child-endangerment offense (§625n); multiple prior convictions 'weigh heavily in favor of forfeiture.' Immobilization and forfeiture are alternatives, not stacked: the court orders immobilization only if the vehicle is not forfeited. These sanctions reach only the vehicle used in the offense that you own or lease — rental cars and out-of-state-registered vehicles are exempt from immobilization (§904d(7)(b)).

Michigan has two different 'refusals,' and they are not the same. Refusing the roadside PRELIMINARY breath test (the handheld PBT) is only a civil infraction for an ordinary driver (§625a(2)(d)) — a misdemeanor only for commercial drivers (§625a(5)). The one with teeth is refusing the EVIDENTIARY chemical test after arrest: under Michigan's implied-consent law (§625c), that refusal triggers an administrative license suspension by the Secretary of State — 1 year for a first refusal, or 2 years for a second or subsequent refusal within 7 years (§625f) — plus 6 points on your record (§625a(6)(b)(v)). You have 14 days to request a hearing, which is limited to four issues. Refusing is NOT a separate crime in Michigan, but it does not make the OWI go away: police can and do get a search warrant for your blood (§625a(6)(b)(iv)), consistent with the U.S. Supreme Court's decisions in Birchfield v. North Dakota and Missouri v. McNeely. One protection in your favor — your refusal can be shown only to prove a test was offered, never as evidence that you are guilty (§625a(9)) — and you have the right to your own independent test (§625a(6)(b)(i)).

Michigan's criminal lookback is asymmetric. A SECOND offense requires a prior conviction within 7 years (§625(9)(b)). A THIRD offense is a felony that counts ALL prior convictions for life — 'regardless of the number of years that have elapsed' (§625(9)(c), Heidi's Law) — so an old conviction from decades ago can still make your next OWI a felony. Don't confuse this with the LICENSE side: the Secretary of State's revocation uses different windows — 2 convictions within 7 years for a 1-year revocation, and 3 within 10 years for a 5-year revocation (§303). Out-of-state, federal, and tribal convictions count as priors if they 'substantially correspond' to Michigan's law (§625(25)(b)). Two special rules: only one under-21 (§625(6)) conviction may be used as a prior (§625(26)), and two convictions arising out of the same incident count as one (§625(27)).

Yes, but only one, and only by applying. Since Michigan's 2021 Clean Slate OWI reform, a person with no prior §625 conviction may petition to set aside a single 'first violation operating while intoxicated offense' — which §780.621 defines as a first violation of §625(1) (OWI, including the 0.17 High-BAC tier), §625(2) (knowingly allowing an intoxicated person to operate your vehicle), §625(3) (OWVI), §625(6) (the under-21 rule), or §625(8) (OWPD) — after a 5-year waiting period measured from sentencing or the completion of probation, jail, or parole (§780.621d(2)). It is by APPLICATION; unlike ordinary misdemeanors, a first-OWI offense is not cleared through the automatic 'Clean Slate' process (§780.621g). You qualify only if you have no pending charges and have not been convicted of any new offense during the waiting period, and the set-aside is 'a privilege and conditional and is not a right' (§780.621d(14)) — a judge can deny it. An OWI causing death (§625(4)) or serious injury (§625(5)) is not a 'first violation OWI offense' and cannot be set aside this way, and the definition does not reach a stand-alone commercial OWI (§625m).