In Michigan, drunk driving is called operating while intoxicated, or OWI. You may also hear it called a DUI or DWI. Even a first offense can mean jail, fines, license sanctions, six points on your driving record, higher insurance and a criminal record that appears on background checks. The consequences grow with each prior offense and with a higher blood alcohol level.
A published contributor on Michigan drunk driving law. David is a contributor to Michigan Drunk Driving Law and Practice, Sixth Edition, the Institute of Continuing Legal Education’s practice guide for Michigan attorneys handling drunk driving cases.
Michigan OWI charges and penalties
| Charge | Classification | Maximum penalty |
|---|---|---|
| OWI, first offense (BAC 0.08+ or under the influence) | Misdemeanor | Up to 93 days in jail, $100–$500 fine, up to 360 hours of community service |
| High BAC “Super Drunk,” first offense (BAC 0.17+) | Misdemeanor | Up to 180 days in jail, $200–$700 fine, mandatory alcohol treatment |
| Operating while visibly impaired (OWVI) | Misdemeanor | Up to 93 days in jail, up to $300 fine |
| Operating with any presence of a Schedule 1 drug or cocaine | Misdemeanor | Same as OWI, first offense |
| OWI, second offense within 7 years | Misdemeanor | 5 days to 1 year in jail, $200–$1,000 fine, license revoked |
| OWI, third offense (lifetime) | Felony | 1 to 5 years in prison (or probation with 30 days to 1 year in jail), $500–$5,000 fine, license revoked |
| OWI with a passenger under 16 (child endangerment) | Misdemeanor, first offense | 5 days to 1 year in jail, $200–$1,000 fine |
| OWI causing serious impairment of a body function | Felony | Up to 5 years in prison, $1,000–$5,000 fine |
| OWI causing death | Felony | Up to 15 years in prison, $2,500–$10,000 fine |
| Under 21 “zero tolerance” (BAC 0.02–0.08) | Misdemeanor | Up to $250 fine and up to 360 hours of community service |
Maximum penalties for a typical first offense under Michigan law. Prior convictions, weapons, injuries and other factors can increase them. Actual sentences are usually far below the maximum and depend on Michigan’s sentencing guidelines and the facts of the case.
More OWI guides: second OWI, High BAC (“Super Drunk”), marijuana and drugged driving, and driving while license suspended.
What happens to your driver’s license
- First OWI: 30-day suspension, followed by 150 days of restricted driving (to work, school, treatment and similar).
- First High BAC: one-year suspension. After 45 days, you may be eligible for a restricted license with an ignition interlock device.
- Second OWI within 7 years, or third within 10: license revocation for at least one or five years, and you must win a hearing to get it back.
- Chemical test refusal: one-year suspension for a first refusal, separate from the OWI case. You have only 14 days to request a hearing to contest it.
How we defend OWI charges
OWI cases are built on technical evidence, and technical evidence can fail. We examine whether the officer had a lawful reason to stop you, whether field sobriety tests were given and scored correctly, whether the DataMaster breath test was certified, maintained and operated properly with the required 15-minute observation period, and whether blood samples were drawn, stored and tested according to procedure. We also look at dash-camera and body-camera footage, which often contradicts a police report. Even when the evidence is strong, we fight for reductions — such as from OWI to OWVI — and for sentences that keep you driving and working.
Frequently asked questions
Should I refuse a breath test in Michigan?
The roadside preliminary breath test and the chemical test at the station are different. Refusing the chemical test after arrest triggers Michigan’s implied consent law: an automatic one-year license suspension and six points for a first refusal, even if you are never convicted of OWI. Police can also seek a warrant for a blood draw. You have only 14 days to request a hearing to challenge a refusal, so call a lawyer quickly.
Is a first-offense OWI a felony?
No. A first or second OWI is a misdemeanor in Michigan. A third OWI in your lifetime is a felony, as is any OWI that causes serious injury or death.
Can a first OWI be removed from my record?
Yes, in many cases. Michigan now allows a person to set aside one first-offense OWI conviction, generally after a five-year waiting period, as long as it didn’t cause death or serious injury. Learn about expungement.
Can I be charged with OWI for marijuana?
Yes. Even though recreational marijuana is legal for adults in Michigan, driving while impaired by marijuana is illegal. Michigan has no fixed THC limit like the 0.08 alcohol limit, so these cases usually depend on the officer’s observations and any drug recognition evaluation, which can be challenged.