A second OWI within seven years is a misdemeanor in Michigan, but it carries mandatory jail or community service, fines of $200 to $1,000, license revocation for at least one year, and possible vehicle immobilization. A strong defense can sometimes reduce the charge or limit the penalties.
A second drunk driving charge is far more serious than a first. Michigan law adds mandatory penalties, takes your license for at least a year, and can affect your vehicle. Here is what you’re facing and how the charge can be fought.
Penalties for a second OWI within seven years
| Consequence | What the law provides |
|---|---|
| Jail or community service | Mandatory 5 days to 1 year in jail, or 30 to 90 days of community service |
| Fines | $200 to $1,000, plus court costs |
| Driver’s license | Revoked for at least 1 year (5 years if this is your third offense in 10 years) |
| Vehicle | Possible immobilization; forfeiture is possible in some cases |
| Driving record | 6 points |
| Treatment | Alcohol assessment and treatment are commonly required |
Penalties for a second OWI within seven years under Michigan law, summarized. The facts of the case, your record and the court all affect the actual outcome.
If the first offense was more than seven years ago, a new charge is generally treated as a first offense for sentencing, though the prior can still matter. A third OWI in your lifetime is a felony. See all Michigan OWI penalties.
How we defend a second OWI
- We challenge the traffic stop, field sobriety tests and breath or blood testing, just as in a first offense.
- We verify the prior conviction and its date, since the seven-year window controls the penalties.
- We look for alternatives, including sobriety courts, which many district courts offer for repeat offenders and which can come with a path to a restricted license.
- We prepare for the license revocation side of the case from day one.
David Goukassian is a contributor to ICLE’s Michigan Drunk Driving Law and Practice. Call (248) 212-7263 for a free, confidential consultation.
Frequently asked questions
Is a second OWI a felony in Michigan?
Generally no. A second OWI is a misdemeanor. A third OWI in your lifetime is a felony, as is any OWI that causes serious injury or death.
Will I go to jail for a second OWI?
A second OWI within seven years carries a mandatory minimum of 5 days in jail, or 30 days of community service, and up to one year. What actually happens depends on the facts, your record and the court, which is why early defense work matters.
Can I get my license back after a second OWI?
After the minimum revocation period, you can request a hearing to seek a restricted or full license. You must show, among other things, that your alcohol problem is under control. Ignition interlock is typically required for a restricted license.