Michigan OWI Laws & Penalties
Last reviewed:
Michigan says 'operating while intoxicated' (OWI); lesser offense OWVI = 'operating while visibly impaired'. Pages use OWI.
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0.02%, enhanced at 0.17%).
- Lookback period: 7 (second offense) / lifetime (third — Heidi's Law). Heidi's Law (2007): third offense is a FELONY regardless of how old the priors are (lifetime lookback); second-offense enhancements use a 7-year window.
- Primary statute: MCL 257.625
0.17+ = 'High BAC' / 'super drunk' offense with enhanced penalties (first offense only — a prior conviction supersedes the High BAC tier).
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | misdemeanor | none – 93 days (180 days if High BAC 0.17+) | $100–$500 ($200–700 if High BAC; plus costs; 6 points; Michigan's driver responsibility fees were abolished 2019) | 30 days suspension + 150 days restricted – High BAC: 45-day hard suspension + 320 days restricted WITH interlock (1 year total); hardship: restricted license is the standard path | Not required |
| Second offense | misdemeanor (within 7 years) | 5 days – 1 year; mandatory min 5 days jail (or 30–90 days community service) | $200–$1,000 (plus costs) | 1-year revocation (minimum) — license REVOKED, not suspended; reinstatement only via Secretary of State hearing – indefinite until hearing won; hardship: restricted license possible after 1 year via hearing, with interlock | Required |
| Third offense | felony (any third offense, lifetime — Heidi's Law) | 1 year (prison 1–5 years) OR probation with 30 days–1 year jail – 5 years; mandatory min 30 days minimum incarceration even with probation | $500–$5,000 (plus costs) | 5-year minimum revocation (if second revocation within 7 years); reinstatement only via SOS hearing – indefinite; hardship: hearing-based, interlock required | Required |
First offense
- Classification: misdemeanor
- Jail: none – 93 days (180 days if High BAC 0.17+)
- Fine: $100–$500 ($200–700 if High BAC; plus costs; 6 points; Michigan's driver responsibility fees were abolished 2019)
- License suspension: 30 days suspension + 150 days restricted – High BAC: 45-day hard suspension + 320 days restricted WITH interlock (1 year total); hardship: restricted license is the standard path
- Alternative disposition: Common plea-down: OWVI (visibly impaired) — 4 points, no hard suspension (90 days restricted). No statutory diversion for OWI itself.
- Interlock: Mandatory during the restricted period for High BAC (0.17+) convictions.
- Up to 360 hours community service; possible vehicle immobilization discretion.
Second offense
- Classification: misdemeanor (within 7 years)
- Jail: 5 days – 1 year; mandatory min 5 days jail (or 30–90 days community service)
- Fine: $200–$1,000 (plus costs)
- License suspension: 1-year revocation (minimum) — license REVOKED, not suspended; reinstatement only via Secretary of State hearing – indefinite until hearing won; hardship: restricted license possible after 1 year via hearing, with interlock
- Mandatory vehicle immobilization 90–180 days (or forfeiture); plate confiscation; 6 points.
Third offense
- Classification: felony (any third offense, lifetime — Heidi's Law)
- Jail: 1 year (prison 1–5 years) OR probation with 30 days–1 year jail – 5 years; mandatory min 30 days minimum incarceration even with probation
- Fine: $500–$5,000 (plus costs)
- License suspension: 5-year minimum revocation (if second revocation within 7 years); reinstatement only via SOS hearing – indefinite; hardship: hearing-based, interlock required
- Alternative disposition: Sobriety court participation can permit earlier restricted driving with interlock.
- Vehicle immobilization 1–3 years or forfeiture; registration denial.
Refusing a chemical test (implied consent)
1-year implied-consent suspension for first refusal (2 years for second within 7) + 6 points; hardship appeal to circuit court possible. Separate from any conviction penalties.
Statute: MCL 257.625c–625f
Ignition interlock
IID mandatory on High BAC restricted licenses and on any restricted license issued after revocation via Secretary of State hearing; sobriety courts use interlock for early restricted driving on repeat offenses.
Statute: MCL 257.625k–625l; 257.304
Frequently asked questions
What is the penalty for a first OWI in Michigan?
A first OWI in Michigan is a misdemeanor. Jail: none – 93 days (180 days if High BAC 0.17+). Fine: $100–$500 ($200–700 if High BAC; plus costs; 6 points; Michigan's driver responsibility fees were abolished 2019). License suspension: 30 days suspension + 150 days restricted – High BAC: 45-day hard suspension + 320 days restricted WITH interlock (1 year total); hardship: restricted license is the standard path.
What is the legal BAC limit in Michigan?
0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
How long does Michigan look back at prior OWI offenses?
7 (second offense) / lifetime (third — Heidi's Law). Heidi's Law (2007): third offense is a FELONY regardless of how old the priors are (lifetime lookback); second-offense enhancements use a 7-year window.