Michigan · OWI · Checked October 2026
OWI Laws in Michigan
What Happens if You Get an OWI in Michigan?
Michigan calls it OWI, and the legal limit for adult drivers is 0.08 blood alcohol content.
- License hearing deadline
- 14 days to challenge your license suspension
- First offense jail
- Up to 93 days (up to 180 days if BAC 0.17 or more)
- First offense fine
- $100 to $500 ($200 to $700 if BAC 0.17 or more)
- First offense license
- 180 days; a restricted license may be issued after the first 30 days (1 year if BAC 0.17 or more, with no restricted license for the first 45 days)
- Felony
- A third OWI after 2 or more prior convictions, regardless of how many years have passed since them; also any OWI causing death or serious injury, and a repeat offense with a child under 16 aboard
Michigan OWI Laws: Key Facts
- Legal limit (adults)
- 0.08 BACMCL 257.625(1)(b)-(c), 257.625(6), 257.625m(1)
- Commercial drivers (CDL)
- 0.04 BAC
- Drivers under 21
- 0.02 BAC (0.02 or more but less than 0.08, or any presence of alcohol from drinking (except as part of a recognized religious service or ceremony))
- Enhanced penalties from
- 0.17 BAC
- Lookback period
- 7 years
Michigan OWI Penalties by Offense
| Penalty | First offense | Second offense | Third offense |
|---|---|---|---|
| Charge | misdemeanor | misdemeanor | felony |
| Jail | up to 93 days (up to 180 days if BAC 0.17 or more) | 5 days to 1 year (if within 7 years of a prior conviction) | 1 to 5 years in state prison, or probation with 30 days to 1 year in county jail plus 60 to 180 days of community service |
| Fine | $100 to $500 ($200 to $700 if BAC 0.17 or more) | $200 to $1,000 | $500 to $5,000 |
| License suspension | 180 days; a restricted license may be issued after the first 30 days (1 year if BAC 0.17 or more, with no restricted license for the first 45 days) | license revoked (2 convictions within 7 years); not eligible for a new license for at least 1 year, or 5 years if this is a second revocation within 7 years | license revoked (3 convictions within 10 years); not eligible for a new license for at least 1 year, or 5 years if this is a second revocation within 7 years |
| Ignition interlock | court may order an ignition interlock as a condition of probation; required on a restricted license after a BAC 0.17 or more conviction | a restricted license issued after revocation requires an ignition interlock on every vehicle you own or intend to drive, for at least 1 year | a restricted license issued after revocation requires an ignition interlock on every vehicle you own or intend to drive, for at least 1 year |
First offense: MCL 257.625(9)(a), 257.625(24), 257.319(8)(a), (g), (h) · Second offense: MCL 257.625(9)(b), (d)-(f); 257.303(2)(c), (4); 257.322(6), (9) · Third offense: MCL 257.625(9)(c)-(f); 257.303(2)(g), (4); 257.322(6), (9)
When Penalties Are Higher
- BAC 0.17 or more (first offense): up to 180 days in jail and a $200 to $700 fine; 1-year license suspension with no restricted license for the first 45 days, and an ignition interlock is required on the restricted licenseMCL 257.625(1)(c), (9)(a); 257.319(8)(g), (h)
- a passenger under 16 in the vehicle: first offense: misdemeanor, $200 to $1,000 fine plus up to 1 year in jail and/or 30 to 90 days of community service; 180-day license suspension (restricted license after 90 days). Within 7 years of a prior or after 2 or more priors: felony, $500 to $5,000 fine and 1 to 5 years in prison or probation with 30 days to 1 year in jailMCL 257.625(7)(a); 257.319(8)(e)
- causing a serious impairment of a body function: felony, up to 5 years and/or a $1,000 to $5,000 fine (up to 10 years if BAC 0.17 or more and within 7 years of a prior)MCL 257.625(5)
- causing a death: felony, up to 15 years and/or a $2,500 to $10,000 fine (up to 20 years if BAC 0.17 or more and within 7 years of a prior, or if a police officer, firefighter or other emergency responder is killed while the driver is violating MCL 257.653a)MCL 257.625(4)
More on Michigan OWI penalties · Estimate penalties for your situation
If You Refuse a Breath or Blood Test
license suspension of 1 year, or 2 years for a second or subsequent refusal within 7 years; for a commercial vehicle, all vehicle group designations suspended for 1 year (revoked for at least 10 years for a second refusal within 10 years)MCL 257.625f(1), (7)
Official source: if you refuse a breath or blood test in Michigan
Getting a Restricted License
After a first OWI conviction the Secretary of State may issue a restricted license after the first 30 days of the 180-day suspension (after 45 days, with an interlock, for BAC 0.17 or more). After a revocation for repeat offenses, a hearing officer may issue a restricted license once the minimum revocation period ends, and it requires an ignition interlock for at least 1 year. A restricted license allows driving only for listed purposes, such as work, school, treatment and interlock service, and you must carry proof of your destination.
Ignition Interlock
First offense: required on the restricted license after a first conviction with BAC 0.17 or more; otherwise the court may order it as a condition of probation Repeat offenses: required on any restricted license issued after a repeat-offense revocation, for at least 1 year The device must be approved, certified and installed under MCL 257.625k and 257.625l, at the driver's cost. On a high-BAC restricted license, a failed test at 0.025 or more or a violation of the restrictions adds another like period of suspension and restriction.
Can an OWI Come Off Your Record?
one first-offense OWI conviction may be set aside by application to the court, once in a lifetime; other OWI convictions cannot be set aside Waiting period: 5 years after sentencing, probation or jail, whichever ends last The court may consider whether you completed any rehabilitative or educational programs it ordered. A first-offense OWI is not eligible for automatic set-aside.
Official source: can an owi come off your record? in Michigan
Drivers Under 21
drivers under 21 may not drive with a BAC of 0.02 or more (but under 0.08), or with any alcohol in the body from drinking first offense: misdemeanor, up to 360 hours of community service and/or a fine up to $250, and a 30-day license suspension (restricted license allowed). Within 7 years of a prior: up to 60 days of community service, a fine up to $500 and/or up to 93 days in jail, and a 90-day suspension
Driving After Using Drugs
Yes. The same statute covers driving under the influence of a controlled substance or other intoxicating substance, visible impairment from drugs, and driving with any amount of a Schedule 1 controlled substance or cocaine in the body. The state police say the per se drug rule does not apply to a registered medical marijuana patient, who must be shown to be impaired.
More on OWI Law in Michigan
For the state's own guidance, see Michigan State Police, Office of Highway Safety Planning: Impaired Driving.
This page summarizes Michigan law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Michigan can advise on your case.
Frequently Asked Questions
What Is the Penalty for a First OWI in Michigan?
Jail: up to 93 days (up to 180 days if BAC 0.17 or more). Fine: $100 to $500 ($200 to $700 if BAC 0.17 or more). License suspension: 180 days; a restricted license may be issued after the first 30 days (1 year if BAC 0.17 or more, with no restricted license for the first 45 days).
How Long Do You Have to Request a License Hearing in Michigan?
14 days. How it is counted: the date of the written refusal notice the officer gives you (applies to refusing a chemical test). Request an implied consent hearing with the Secretary of State; the officer's written notice explains the right to a hearing. If you miss it, the suspension usually takes effect automatically.
When Is an OWI a Felony in Michigan?
a third OWI after 2 or more prior convictions, regardless of how many years have passed since them; also any OWI causing death or serious injury, and a repeat offense with a child under 16 aboard