Michigan's OWI Laws and Conviction Penalties

In Michigan, operating a vehicle while under the influence (OWI) (sometimes called "DUI") is a criminal offense. The penalties for OWI convictions depend mostly on how many prior convictions the person has.

This article covers Michigan's OWI laws and the penalties you'll face for a first, second, and third OWI conviction.

Michigan's OWI and OWVI (DUI) Laws

Michigan has a number of laws prohibiting intoxicated driving. The two main categories are operating while under the influence of drugs or alcohol (OWI) and operating while visibly impaired (OWVI) by drugs or alcohol. However, some people still use the term, "DUI."

What Is an OWI?

An OWI—the more serious of the two offenses—involves operating a vehicle while:

• under the influence of one of—or a combination of—the following: alcohol, a controlled substance, or an intoxicating substance
• having a blood alcohol content (BAC) of .08% or greater, or
• having any amount of controlled substance (illegal drugs) in the body.

(Mich. Comp. Laws § 257.625 (2025).)

What Is an OWVI?

In contrast, an OWVI conviction requires proof only that the driver shows visible signs of impairment due to ingesting alcohol or drugs. (Mich. Comp. Laws § 257.625 (2025).)

Michigan's First-Offense (Misdemeanor) OWI and OWVI Penalties

Generally, OWIs and OWVIs stay on your record and count as prior convictions for seven years in Michigan. Both offenses carry essentially the same penalties.

A first offense OWI or OWVI in seven years is a misdemeanor and generally carries:

• Up to 93 days in jail (up to 180 days if BAC was .17% or greater)
• $100 to $500 ($200 to $700 if BAC was .17% or greater) in fines for an OWI and up to $300 for an OWVI
• up to 360 hours of community service, and
• a 180-day license suspension.

(Mich. Comp. Laws §§ 257.319, 257.625 (2025).)

OWI and OWVI offenses involving passengers younger than 16 carry enhanced penalties. The driver must pay a fine of $200 to $1,000 and serve either 30 to 90 days of community service or up to 1 year in jail. (Mich. Comp. Laws § 257.625 (2025).)

Michigan's Second-Offense (Misdemeanor) OWI and OWVI Penalties

A second offense in seven years is a misdemeanor and generally carries:

• five days to one year in jail
• $200 to $1,000
• 30 to 90 days of community service, and
• a one-year license revocation.

(Mich. Comp. Laws §§ 257.303, 257.625 (2025).)

A second OWI or OWVI offense within 7 years involving the transportation of a passenger younger than 16 is a felony. The enhanced penalties include a fine of $500 to $5,000 and one to five years in jail. If the judge grants probation, the convicted person must serve 30 days to 1 year in jail and complete 60 to 180 days of community service. Finally, the judge will order the driver's vehicle to be immobilized for 90 to 180 days or be completely forfeited. (Mich. Comp. Laws §§ 257.625, 257.625n, 257.904d (2025).)

Michigan's Felony OWI and OWVI (DUI) Penalties

A few circumstances can elevate an impaired driving offense to a felony, including having at least two prior convictions, having minors in the vehicle, and causing injuries or deaths.

Third DUI Conviction Is a Felony in Michigan

If you have two or more priors, the current offense can be charged as a felony. The penalties for a felony third OWI or OWVI are:

• one to five years in prison (unless the judge grants probation)
• $500 to $5,000 in fines, and
• a five-year license revocation.

(Mich. Comp. Laws §§ 257.303, 257.625 (2025).)

Minor Passengers Can Lead to Felony DUI Charges in Michigan

A DUI involving a minor passenger (younger than 16) is a felony if the driver has at least one prior conviction within the past seven years or at least two prior convictions at any time. A conviction carries one to five years in prison (unless the judge grants probation) and $500 to $5,000 in fines. (Mich. Comp. Laws § 257.625 (2025).)

Michigan Felony Charges for DUIs Involving Injuries and Deaths

DUIs involving serious injuries ("serious impairment of a body function") are felonies and carry up to five years in prison and $1,000 to $5,000 in fines. (Mich. Comp. Laws § 257.625 (2025).)

Causing the death of another person while driving under the influence is a felony and carries up to 15 years in prison and $2,500 to $10,000 in fines (the penalties are increased if the victim was a police officer or other emergency services personnel). (Mich. Comp. Laws § 257.625 (2025).)

The penalties for either of these offenses are more severe if the defendant has prior convictions within the past seven years and a high BAC. (Mich. Comp. Laws § 257.625 (2025).)

Michigan's Underage DUI Laws

Drivers who are under the age of 21 can be cited for an underage DUI for operating a vehicle with a BAC of .02% or more, which doesn't take much alcohol. (Mich. Comp. Laws § 257.625 (2025).)

An underage DUI is a misdemeanor. For a first offense, the driver is looking at up to $250 in fines, 360 hours of community service, and a 30-day license suspension. For second offenders, the penalties are a maximum fine of $500, a 90-day license suspension, up to 60 days of community service, and possible jail time of up to 93 days. (Mich. Comp. Laws §§ 257.319, 257.625 (2025).)

Hardship Licenses for OWI and OWVI

A driver whose license is suspended or revoked for an OWI or OWVI might be able to obtain a restricted license (often called a "hardship license"). For a first OWI, a driver may not obtain a restricted license for the first 30 days of the license suspension. A restricted license allows a driver to drive to and from work, probation meetings, substance abuse treatment or education, regular medical appointments for a serious condition, or a school where the driver is enrolled. (Mich. Comp. Laws § 257.319 (2025).)

For a second or subsequent OWI or OWVI, a driver can get a restricted license after the minimum revocation period is finished. But an ignition interlock device must be installed on the offender's vehicle. (Mich. Comp. Laws §§ 257.303, 257.304 (2025).)

Michigan's Implied Consent Suspensions

Michigan's implied consent law states all drivers are deemed to have given implied consent to a test of their breath, blood, or urine. (Mich. Comp. Laws § 257.625c (2025).)

A driver who refuses a test will receive a one-year license suspension for the first offense and a two-year license suspension for a second offense within seven years. (Mich. Comp. Laws § 257.625f (2025).)

Getting Help From an Attorney

Representing yourself in an OWVI or OWI case is rarely a good idea. It never hurts to brush up on the law, but if you've been arrested for driving under the influence, you need a qualified attorney to help you navigate the legal system. Talk to an experienced DUI attorney who can review your case and advise you on how best to handle your situation.