Michigan law enforcement refers to most drunk driving offenses as OWI (Operating While Intoxicated) rather than DUI, although for all purposes, the terms are synonymous.

How much do you have to drink (BAC*) for a OWI in Michigan?

** BAC = blood alcohol content

How many drinks does it take? Check the BAC chart.

What if you refuse to take a chemical test in Michigan?

Michigan has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Michigan’s implied consent law.

What is the minimum jail time?

Lookback Period: 7 years (Period of time that prior OWIs are relevant for sentencing

Can you plead to a lesser offense than OWI in Michigan?

A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in Michigan but it's possible a lawyer may be able to create a plea bargain for you.

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Michigan Drunk Driving Fines & Penalties

First Michigan DUI Offense

1st Drunk Driving Conviction

• Jail – Up to 93 Days
• License Suspension – Up to 6 Months
• License Suspension - Eligible for Restricted License after 30 Days
• License Points - 6
• Fine – From $100 to $500
• Fine - $1,000 Driver Responsibility Fee for 2 Years

Other Possibilities

• Community Service – Up to 360 Hours
• Ignition Interlock
• Vehicle Immobilization

More Information: First Offense OWI/DUI in Michigan

Second Drunk Driving Conviction

• Jail – From 5 Days to 1 Year
• License Suspension – Minimum of 1 Year
• License Points – 6
• License Plate Confiscation
• Vehicle Immobilization – From 90 to 180 Days (Unless Vehicle is Forfeited)
• Fine – From $200 to $1,000
• Fine - $1,000 Driver Responsibility Fee for 2 Years 
• Ignition Interlock Device

Other Possibilities

Community Service – From 30 to 90 Days

More Information: Second Offense OWI/DUI in Michigan

3rd Michigan DUI Offense

Third Drunk Driving Conviction

• Felony Offense
• Jail – Probation With 30 Days to 1 Year
• Imprisonment– From 1 to 5 Years
• License Suspension – Minimum of 1 Year
• License Points – 6
• License Plate Confiscation
• Vehicle Immobilization – From 90 to 180 Days (Unless Vehicle is Forfeited) 
• Ignition Interlock Device
• Fine – From $200 to $1,000
• Fine - $1,000 Driver Responsibility Fee for 2 Years

Other Possibilities

Community Service – From 60 to 180 Days

More Information: Third Offense OWI/DUI in Michigan

Michigan 2010 DUI Legislation

In 2010 Michigan has several new pieces of DUI Legislation that are being considered. Please go to our Legislative Blog to read about Senate Bill 794 and Senate Bill 795.

Drinking and Driving Laws in Michigan

Michigan Drunk Driving and Wet Reckless Laws - Nolo.com

The drunk driving law in the State of Michigan makes it illegal to drive with a .08 percentage blood alcohol concentration (BAC) or above. The .08 limit is the standard measure of the "impaired" driver across the United States. Michigan has lower BAC limits for drivers under the age of 21 and commercial drivers. In addition to Michigan's OWI (Operating While Intoxicated) law, Michigan has another law called the OWVI (Operating While Visibly Impaired ) law. This law means that because drugs or alcohol (or both) are in your body, that your ability to drive was visibly impaired. Operating a motor vehicle with any amount of a Schedule 1 drug (Cocaine, Barbiturates etc.) is illegal under Michigan's OWVI law.

How many drinks does it take to reach the legal limit in Michigan?
This question is often asked by people who want to know how many drinks they can have before they are considered legally drunk. There are calculators and charts that will give you some idea of how close you are to reaching the legal limit, however these devices are reference tools, and should not be used to determine if you are sober enough to drive.

The best answer is not to drink and drive . The State of Michigan has strict laws for drunk driving, and when you drink and drive in Michigan, you risk your freedom, finances and your future.