DUI Laws in Michigan (OWI)

Michigan uses the term "OWI" for impaired driving offenses. The standard BAC limit is 0.08% (OWI); any impairment (OWVI); 0.17% (Super Drunk / OWI High BAC). The lookback period is Lifetime (all prior OWI/OWVI convictions count regardless of when they occurred). 3rd lifetime offense (no lookback limitation — lifetime lookback applies). Below are the full details of Michigan's DUI laws and penalties.

Last updated: 2026-03-27

Overview

Michigan uses the term OWI (Operating While Intoxicated) and has a tiered system that includes three distinct impaired driving charges: OWI (BAC 0.08%+), OWVI (Operating While Visibly Impaired, no specific BAC threshold), and OWI High BAC (super drunk, BAC 0.17%+). Michigan's 'super drunk' law, enacted in 2010, imposes dramatically enhanced penalties for drivers at 0.17% BAC or higher, including up to 180 days in jail for a first offense. The state recently reformed its license restoration process, allowing sobriety court participants earlier access to restricted driving privileges. Michigan uses a lifetime lookback period, meaning all prior OWI convictions — regardless of age — count toward escalating penalties.

Official term: OWI

BAC Limits

Driver Type	BAC Limit
Standard (21+)	0.08% (OWI); any impairment (OWVI); 0.17% (Super Drunk / OWI High BAC)
Commercial (CDL)	0.04%
Under 21	0.02%
Enhanced Penalty	0.17% (Super Drunk law — dramatically enhanced first-offense penalties)

Penalties by Offense

Offense	Classification	Jail Time	Fines	License Suspension	IID
1st Offense	Misdemeanor	Up to 93 days (OWI); up to 180 days (Super Drunk / High BAC 0.17%+)	$100–$500 (OWI); $200–$700 (Super Drunk); plus costs and assessments totaling $1,000+	30-day hard suspension + 150 days restricted (OWI); 45-day hard suspension + 320 days restricted (Super Drunk)	Not required for standard first OWI; mandatory for 1 year for Super Drunk offense (restricted license with IID only)
2nd Offense	Misdemeanor	5 days to 1 year (mandatory minimum 5 days or 30 days community service)	$200–$1,000 plus costs and assessments	License revoked for minimum 1 year; must petition Secretary of State for reinstatement	Required for 1 year minimum upon license reinstatement
3rd Offense	Felony	1–5 years in state prison OR probation with 30 days to 1 year in county jail	$500–$5,000 plus costs and assessments	License revoked for minimum 5 years; must petition for reinstatement and prove sobriety	Required for minimum 1 year upon any license reinstatement; may be required for longer
Felony	Felony	3rd offense: 1–5 years prison or probation with 30 days–1 year jail. Subsequent offenses: enhanced penalties at judge's discretion within statutory maximums	$500–$5,000 plus driver responsibility fees and court costs	3rd offense: minimum 5-year revocation. Subsequent: indefinite revocation; must demonstrate sustained sobriety for reinstatement	Required for minimum 1–3 years upon any future license reinstatement

Felony threshold: 3rd lifetime offense (no lookback limitation — lifetime lookback applies). Lookback period: Lifetime (all prior OWI/OWVI convictions count regardless of when they occurred).

Additional Penalty Details

Offense	Community Service	Probation	DUI School
1st Offense	Up to 360 hours (may be ordered in lieu of jail time)	Up to 2 years; conditions include random testing, no alcohol/drug use	Required completion of an alcohol assessment and any recommended treatment; participation in a victim impact panel
2nd Offense	30–90 days of community service (may substitute for mandatory minimum jail)	Up to 2 years supervised	Required completion of alcohol assessment and recommended treatment program; court-ordered intensive outpatient or inpatient treatment
3rd Offense	60–180 days at court's discretion	Up to 5 years supervised with intensive conditions	Court-mandated intensive substance abuse treatment, which may include inpatient rehabilitation
Felony	Court-ordered at judge's discretion, often 60–180 days	Up to 5 years intensive supervised probation	Mandatory intensive substance abuse treatment; may require completion before license petition

Implied Consent Law

Under Michigan's implied consent law (MCL 257.625c), any person operating a motor vehicle on Michigan roads has impliedly consented to chemical testing (breath, blood, or urine) upon lawful arrest for suspected OWI. A preliminary breath test (PBT) at the roadside is a civil infraction to refuse; the evidential test at the station is subject to implied consent penalties.

Refusal penalties: Refusal of the evidential chemical test: 1-year license suspension (administrative) and 6 points on driving record. Second refusal within 7 years: 2-year suspension. The officer can obtain a warrant for a blood draw even after refusal. Refusal does not prevent prosecution and can be introduced as evidence at trial.

Aggravating Factors

Factor	Impact
BAC of 0.17% or higher (Super Drunk)	First offense penalties dramatically enhanced: up to 180 days jail (vs. 93), higher fines, 45-day hard suspension + 320 restricted days with mandatory IID, and mandatory 1 year of IID
Passenger under 16 years old	Separate felony charge of child endangerment (MCL 257.625(7)): up to 5 years imprisonment and $1,000–$5,000 fine for first offense, even with no prior OWI convictions
Causing death (OWI causing death)	Felony charge (MCL 257.625(4)): up to 15 years imprisonment. If defendant has prior OWI: enhanced penalties possible
Causing serious impairment of a body function	Felony charge (MCL 257.625(5)): up to 5 years imprisonment and/or $1,000–$5,000 fine
Operating on a suspended or revoked license due to prior OWI	Separate criminal charge; mandatory additional jail time and extended revocation period
Prior felony OWI conviction	Judge may impose enhanced sentence within statutory range; longer mandatory minimum jail time and extended license revocation

DUI with Injury

Classification: Felony — OWI Causing Serious Impairment / OWI Causing Death

OWI causing serious impairment of a body function (MCL 257.625(5)): up to 5 years imprisonment and/or $1,000–$5,000 fine. OWI causing death (MCL 257.625(4)): up to 15 years imprisonment and/or $2,500–$10,000 fine. These charges apply regardless of prior record and are among the most serious traffic-related felonies in Michigan.

Underage DUI

Zero tolerance: Yes

BAC limit: 0.02%

Drivers under 21 with any measurable BAC (0.02%+) face Michigan's zero-tolerance law (MCL 257.625(6)): First offense is a civil infraction (not criminal) with $250 fine, 30-day license restriction, community service, and substance abuse assessment. Second offense: misdemeanor with up to 93 days jail, $500 fine, 90-day suspension. If the underage driver's BAC is 0.08%+, full criminal OWI charges apply with adult penalties.

Diversion Programs

Program: Sobriety Court / OWI Diversion

Michigan operates Sobriety Courts (a type of specialty court) in many counties that provide treatment-based alternatives for repeat OWI offenders. These courts offer intensive supervision, substance abuse treatment, regular testing, and judicial monitoring in exchange for reduced sentences. Some counties also offer diversion or deferred sentencing for first-time OWI offenders under MCL 771.1, where charges may be reduced or dismissed upon successful completion. Under HYTA (Holmes Youthful Trainee Act), defendants aged 17–23 may be eligible for youthful offender status.

Eligibility: Sobriety Court is typically available for second or subsequent OWI offenders who demonstrate a substance use disorder. First-time offenders may be eligible for deferred sentencing or HYTA in some counties. Cases involving death, serious injury, or OWI with a child passenger are generally excluded from diversion programs.

How Long a DUI Stays on Your Record

An OWI conviction remains on your Michigan criminal record permanently. Michigan allows expungement of a first-offense OWI misdemeanor conviction after 5 years under the Clean Slate law (MCL 780.621d), provided you have no other alcohol-related driving convictions. This is a relatively recent change — prior to 2021, OWI convictions were not eligible for expungement. Felony OWI is not eligible for automatic expungement. On your driving record, OWI convictions remain for life for lookback purposes.

Key Statutes

MCL 257.625: Operating while intoxicated (OWI) — defines all impaired driving offenses including OWI, OWVI, OWI High BAC (Super Drunk), OWI with minor, and OWI causing injury or death
MCL 257.625c: Implied consent — chemical testing requirements, PBT provisions, and refusal penalties
MCL 257.625a: OWI arrest procedures — preliminary breath testing, evidentiary testing, and blood draw warrants
MCL 257.625(6): Zero-tolerance for minor operating with any BAC — underage impaired driving provisions
MCL 780.621d: Clean Slate Act — expungement eligibility for first-offense OWI misdemeanor convictions

Frequently Asked Questions

What is the penalty for a first OWI in Michigan?

A first-offense OWI in Michigan is a misdemeanor carrying up to 93 days in jail, fines of $100–$500 (plus over $1,000 in costs and assessments), a 30-day hard license suspension followed by 150 days of restricted driving, and mandatory alcohol assessment and treatment. If your BAC was 0.17% or higher (Super Drunk), penalties increase to up to 180 days in jail, higher fines, and mandatory IID for 1 year.

What is Michigan's Super Drunk law?

Michigan's Super Drunk law applies to first-time OWI offenders with a BAC of 0.17% or higher. Penalties are significantly enhanced: up to 180 days in jail (vs. 93 for standard OWI), fines of $200–$700, a 45-day hard license suspension followed by 320 days restricted with mandatory IID, and up to 360 hours of community service. The law was enacted in 2010 to address the higher crash risk associated with very high BAC levels.

How long does an OWI stay on your record in Michigan?

An OWI conviction stays on your Michigan criminal record permanently unless expunged. Under the 2021 Clean Slate law, a first-offense misdemeanor OWI can be expunged after 5 years if you have no other alcohol-related driving convictions. Felony OWI is not eligible. For driving record purposes, OWI convictions remain permanently under Michigan's lifetime lookback period.

Can you expunge an OWI in Michigan?

Yes, since the 2021 Clean Slate Act. You can petition to expunge a first-offense misdemeanor OWI conviction after 5 years, provided you have no other alcohol-related driving convictions. This was a major change — Michigan previously prohibited OWI expungement entirely. Felony OWI, OWI causing injury, and OWI causing death are not eligible for expungement.

When does an OWI become a felony in Michigan?

An OWI becomes a felony on the 3rd lifetime offense under Michigan's lifetime lookback. A felony OWI carries 1–5 years in prison and a minimum 5-year license revocation. OWI is also automatically a felony when it causes serious bodily impairment (up to 5 years) or death (up to 15 years), regardless of prior record.

What is the difference between OWI and OWVI in Michigan?

OWI (Operating While Intoxicated) requires proof of BAC 0.08% or higher (or impairment by alcohol/drugs). OWVI (Operating While Visibly Impaired) is a lesser charge requiring only evidence that your ability to drive was visibly impaired — no specific BAC threshold. OWVI carries lighter penalties (up to 93 days jail, $300 max fine, 90 days restricted license) and is often offered as a plea bargain reduction from OWI.

Can you refuse a breathalyzer in Michigan?

You can refuse a roadside preliminary breath test (PBT), which is a civil infraction with a $150 fine. Refusing the evidential chemical test at the station triggers Michigan's implied consent law: automatic 1-year license suspension and 6 points on your record. Police can also obtain a warrant for a blood draw after refusal. Refusal can be used as evidence against you at trial.

What is Michigan Sobriety Court?

Michigan Sobriety Courts are specialty courts that provide intensive, treatment-based supervision for repeat OWI offenders. Participants undergo substance abuse treatment, regular drug/alcohol testing, frequent court appearances, and community support. Successful completion can result in reduced jail time, earlier license reinstatement, and other benefits. Sobriety Courts operate in most Michigan counties and have significantly lower recidivism rates than traditional prosecution.

Related Guide

DUI license recovery in Michigan→

Step-by-step guide to getting your license back after a DUI in Michigan — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.

Take Action — Direct Links

Michigan Secretary of State — OWI Information
Official SOS information on license suspensions, revocations, IID requirements, and reinstatement procedures for OWI offenders
Michigan Courts — Sobriety Court Directory
Directory of Michigan Sobriety Courts with eligibility information and contact details by county
Michigan Legislature — OWI Statutes
Full text of Michigan Compiled Laws Chapter 257 covering all OWI offenses, penalties, and procedures
Michigan Office of Highway Safety Planning
State highway safety data, impaired driving prevention programs, and educational resources

DUI license recovery in Michigan →

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Sources

Disclaimer: This is informational only, not legal advice. DUI laws change frequently. Verify current requirements with Michigan's statutes or consult a qualified DUI attorney in Michigan.

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