In Michigan, a second OWI (operating while intoxicated) or OWVI (operating while visibly impaired) is a misdemeanor. (See our first-offense article for an explanation of the difference between the two offenses.) The penalties for second-offense OWIs and OWVIs are explained below.
An OWI or OWVI is considered a second offense if the driver has one prior intoxicated driving conviction within the last seven years.
Jail time. A second OWI or OWVI carries 5 days to 1 year in jail.
Community service. An OWI or OWVI conviction can also result in 30 to 90 days of community service.
Fines. The fine is $200 to $1,000 for a second OWI or OWVI conviction.
Vehicle loss. An OWI or OWVI conviction can result in vehicle forfeiture. If the driver’s vehicle is not forfeited, the judge will order that the driver’s vehicle be immobilized for 90 to 180 days.
Passenger under 16. These penalties are increased for OWI and OWVI offenses involving transportation of a passenger less than 16 years of age. 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 be immobilized for 90 to 180 days or be completely forfeited.
Revocation. A second OWI or OWVI conviction generally results in a one-year license revocation. Prior to license reinstatement, the driver must complete a substance abuse program.
Restricted license. After completing 45 days of revocation, the driver can apply for a restricted license. A restricted license permits the holder to drive for limited purposes with the use of an ignition interlock device. Restricted licenses require enrollment in a substance abuse program. But a person who’s convicted of operating a vehicle under the influence of an illegal drug will not be eligible for a restricted license.