What are OWI penalties in Michigan?
Michigan's drunk driving law, MCL § 257.625, refers to the offense as Operating While Intoxicated (OWI) and includes per se BAC and an Operating While Visibly Impaired (OWVI) lesser charge.
1. BAC Limits — .08% for drivers 21+, .17% triggers 'High BAC' Super Drunk law, .04% for commercial drivers, .02% for drivers under 21.
2. First OWI Offense — Misdemeanor: up to 93 days jail, $100-$500 fine, up to 360 hours community service, 6-month license suspension (first 30 days hard, then restricted with IID), 6 points on driver's license, vehicle immobilization possible up to 180 days, $1,000 driver responsibility fee for two consecutive years.
3. First Offense — High BAC ('Super Drunk', .17+) — Misdemeanor: up to 180 days jail, $200-$700 fine, 1-year license suspension (45 days hard, then restricted with IID for at least 320 days), mandatory alcohol treatment program.
4. Operating While Visibly Impaired (OWVI) — Misdemeanor: up to 93 days jail, $300 fine, 90-day license restriction, 4 points.
5. Second Offense within 7 years — Misdemeanor: 5 days to 1 year jail (mandatory minimum 5 days or 30-90 days community service), $200-$1,000 fine, 1-year revocation (eligible for restoration after 1 year), license plate confiscation, vehicle immobilization 90-180 days, mandatory IID.
6. Third Offense within Lifetime — Felony: 1-5 years prison or 30 days to 1 year jail plus 60-180 days community service, $500-$5,000 fine, 5-year license revocation, vehicle forfeiture possible, mandatory IID after restoration.
7. OWI Causing Serious Injury (§ 257.625(5)) — Felony: up to 5 years prison and $1,000-$5,000 fine.
8. OWI Causing Death (§ 257.625(4)) — Felony: up to 15 years prison and $2,500-$10,000 fine.
9. Implied Consent (§ 257.625a) — Refusing chemical test results in 1-year automatic license suspension (2 years for second refusal in 7 years) and 6 points on license.
10. Aggravating Factors — Child under 16 in vehicle is a separate misdemeanor (or felony if prior); high BAC, accident, and prior offenses all enhance penalties.
This is legal information, not legal advice.
- Any OWI charge — always get an attorney
- Accident with injuries
- Prior OWI convictions
- Super Drunk (High BAC) charge
- Mich. Comp. Laws § 257.625
- Mich. Comp. Laws § 257.625a
- Mich. Comp. Laws § 257.625m
- Mich. Comp. Laws § 257.319
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.