Michigan OWI Laws Explained

By Javier Marín, Editor·Last reviewed September 2026·How we check this

Michigan calls drunk-driving offenses OWI (Operating While Intoxicated), not DUI. The governing statute is MCL 257.625. A first-offense OWI is decided in the district court for the county where the offense occurred. Michigan adds an unusual "Super Drunk" tier at 0.17% BAC or higher with stricter penalties and longer license sanctions.

The legal threshold

Adults 21+: 0.08% BAC.
Super Drunk (high BAC): 0.17% BAC or higher, separately codified.
Drivers under 21: 0.02% BAC under Michigan's zero-tolerance law (separate misdemeanor under MCL 257.625(6)).
Commercial drivers (CDL): 0.04% BAC.
Operating While Visibly Impaired (OWVI): Michigan also charges OWVI on observable impairment evidence below 0.08%.

First-offense OWI penalties (BAC under 0.17%)

A first-offense OWI is a misdemeanor with these penalties:

Up to 93 days in jail (often suspended on first offenses without aggravating factors).
$100-$500 fine, plus court costs.
6-month license suspension with 30-day hard suspension, then 5 months on a restricted license.
Up to 360 hours of community service.
Mandatory completion of a state-approved alcohol-education or treatment program.
$1,000 driver responsibility fee for two consecutive years (under prior law; this fee was repealed in 2018 but historical cases may still apply).
SR-22 financial responsibility filing for 3 years — see Michigan insurance.
6 points on the driving record.

Super Drunk first offense (BAC 0.17% or higher)

Michigan's Super Drunk tier brings stricter sanctions on a first OWI:

Up to 180 days in jail.
$200-$700 fine.
1-year license suspension with 45-day hard suspension.
Restricted license requires mandatory IID for at least 1 year.
Mandatory alcohol-treatment program.
SR-22 for 3 years.
6 points on the record.

The Super Drunk tier was enacted in 2010 and is one of the strictest first-offense BAC enhancements in the country.

Implied consent and refusal

Michigan has an implied consent law: by holding a Michigan license, the driver consents to chemical testing if arrested for OWI. Refusing the test triggers a separate administrative sanction:

First refusal: 1-year license suspension independent of any criminal OWI outcome.
Second refusal in 7 years: 2-year suspension.
6 points added to the driving record.

The refusal penalty is administrative and applies even if the driver is acquitted of the underlying OWI charge. A driver can request an implied-consent hearing within 14 days of the refusal to challenge the suspension.

Ignition Interlock Device

Michigan requires an IID for any restricted license issued after a high-BAC (Super Drunk) OWI. The IID is installed at the driver's expense (typically $75-$150/month plus a $100-$150 install fee) and prevents the vehicle from starting if the driver's breath shows alcohol. Failed tests extend the IID period. The IID is also required for any restoration after revocation through DLAD — see Michigan suspended license.

Underage zero-tolerance

Drivers under 21 with a BAC of 0.02% or higher face:

Up to 93 days jail (typically suspended on a first offense).
$250 fine and 360 hours community service.
30-day license suspension with restricted license eligibility.
4 points on the record.

Underage zero-tolerance is criminal, not just administrative — it appears on the criminal record permanently. See Michigan teen license.

Aggravating factors

Penalties escalate when:

BAC at or above 0.17% (Super Drunk).
An accident with injury or property damage (OWI causing injury is a 5-year felony).
An accident with serious injury (15-year felony).
An accident causing death (OWI causing death is a 15-year felony, life sentence possible).
A passenger under 16 in the vehicle (mandatory minimum jail and longer suspension).
A prior OWI within 7 years.

Repeat offenses

A second OWI within 7 years is a misdemeanor with mandatory minimum 5 days jail (or community service in lieu), license revocation for 1 year minimum, mandatory IID for restoration, and a much steeper criminal record. A third OWI in a lifetime is a felony under Michigan law (no time limit between priors), with up to 5 years prison and 5-year revocation.

OWI on the record permanently

Michigan retains OWI convictions on the driver record for life — they do not "drop off" as in many other states. Even after the criminal sentence is served and the license is restored, the OWI continues to appear on every employer pull and insurance background check. This makes Michigan one of the strictest states for long-term OWI consequences. See Michigan driving records.

Michigan OWI cases benefit from early legal representation, particularly to navigate the implied-consent hearing window and the DLAD restoration process for repeat offenders. The Super Drunk tier in particular creates strong incentive to challenge the underlying BAC measurement before a plea is entered.