Michigan · OWI · Checked October 2026
Michigan OWI Penalties: First, Second and Third Offense
Michigan OWI Penalties: What Are the Rules?
Michigan sets OWI penalties by offense, and they rise with each conviction.
- 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
- 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 |
Other First Offense Penalties in Michigan
- up to 360 hours of community service
- court may order vehicle immobilization
- court may order payment of prosecution costs
Other Second Offense Penalties in Michigan
- jail or 30 to 90 days of community service (1 or more of these)
- court must order vehicle immobilization unless the vehicle is forfeited
- court may order vehicle forfeiture
- jail term cannot be suspended unless you complete a specialty court program
Other Third Offense Penalties in Michigan
- at least 48 hours of any county jail term must be served consecutively
- court must order vehicle immobilization unless the vehicle is forfeited
- court may order vehicle forfeiture
- jail term cannot be suspended unless you complete a specialty court program
When Penalties Are Higher in Michigan
- 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 license
- 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 jail
- 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)
- 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)
When an OWI Is 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 aboardMCL 257.625(9)(c), (4), (5), (7)(a)(ii)
How Far Back Prior Offenses Count in Michigan
7 years. a second offense is enhanced if it is within 7 years of a prior conviction; a third offense is a felony after 2 or more priors with no time limit. License revocation counts 2 convictions within 7 years or 3 within 10 yearsMCL 257.625(9)(b)-(c); 257.303(2)(c), (g)
Official source: how far back prior offenses count (Michigan)
More on OWI Law in Michigan
See the full overview of OWI laws in Michigan and read about first-offense DUI penalties across the states.
This page summarizes Michigan law from official sources, checked October 2026. It isn't legal advice; 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).
What Is the Penalty for a Second OWI in Michigan?
Jail: 5 days to 1 year (if within 7 years of a prior conviction). Fine: $200 to $1,000. License suspension: 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.
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