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

OWI penalties in Michigan for a first, second and third offense
PenaltyFirst offenseSecond offenseThird offense
Chargemisdemeanormisdemeanorfelony
Jailup 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 suspension180 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 yearslicense 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 interlockcourt may order an ignition interlock as a condition of probation; required on a restricted license after a BAC 0.17 or more convictiona restricted license issued after revocation requires an ignition interlock on every vehicle you own or intend to drive, for at least 1 yeara 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.

Official source: getting a restricted license in Michigan

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.

Official source: ignition interlock in Michigan

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

Official source: drivers under 21 in Michigan

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.

Official source: driving after using drugs in Michigan

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

Sources

  1. Blood alcohol limits: MCL 257.625(1)(b)-(c), 257.625(6), 257.625m(1)
  2. License suspension and hearing: MCL 257.625e, 257.625f
  3. Hardship license
  4. Ignition interlock
  5. Record and expungement
  6. Official DUI information

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.