What happens if I get an OWI in Michigan?

Michigan calls drunk driving "OWI" (Operating While Intoxicated) and uses a low-BAC plus High BAC tier known as the "Super Drunk" law for elevated readings.

1. Per Se BAC Standard

Mich. Comp. Laws § 257.625(1)(b) sets adult per se OWI at 0.08% BAC; § 257.625(1)(c) creates "High BAC" / "Super Drunk" at 0.17%+. Commercial limit is 0.04% under § 257.625m; under-21 zero tolerance is 0.02% under § 257.625(6).

2. Implied Consent

Mich. Comp. Laws § 257.625c requires submission to chemical testing. A first refusal triggers a 1-year license suspension added by the Michigan Secretary of State (6 points), separate from any criminal penalty. A second refusal within 7 years is a 2-year suspension.

3. First-Offense Penalties

First OWI under § 257.625(9)(a): up to 93 days jail, $100-$500 fine, up to 360 hours community service, 30-day hard suspension followed by 150-day restricted license, 6 points, and $1,000 Driver Responsibility Fee for 2 years (repealed but residual). High BAC first: up to 180 days jail, $200-$700 fine, 1-year suspension (45-day hard), mandatory ignition interlock.

4. Enhancements

Third OWI in lifetime is a felony under § 257.625(9)(c) with 1-5 years prison and 1-5 year license revocation. OWI causing death (§ 257.625(4)) is a 15-year felony; with intoxicated child passenger, enhanced under § 257.625(7).

5. Administrative License Suspension (ALS)

Michigan does not have a separate pre-conviction ALS based on the BAC test result; the Secretary of State's suspension is triggered by the conviction or by chemical-test refusal. Refusal hearings must be requested within 14 days of arrest.

6. Court Process

Arraignment, pretrial conferences, motions (MCR 6.110), plea bargaining (operating while visibly impaired plea common as reduction), and bench/jury trial.

7. Long-Term Consequences

SR-22 not state-required; federal CDL disqualification for 1 year (49 C.F.R. § 383.51); first OWI can be expunged after 5 years under Mich. Comp. Laws § 780.621 (2021 reform); points stay on record for 2 years, conviction permanent.

This is legal information, not legal advice.