Need help with alcohol or drug use? The SAMHSA National Helpline, 1-800-662-4357, is free, confidential and open 24 hours a day.[1] In a crisis, call or text 988.[2] More is in OWI help and resources.
This is a reference library on Michigan drunk-driving law. Michigan's statute calls the offense "operating while intoxicated," or OWI, rather than DUI or DWI.[3] The library is written for anyone who needs to understand that law: a driver who has been arrested or charged, a family member, a person hurt in a crash, or someone trying to get a license back. Every statement of law is footnoted to the statute, court rule, court decision or official publication it comes from, and each page lists its sources at the end.
The library has three parts. Part 1 explains what the law says: the OWI offenses, the alcohol limits, drugged driving and sentencing. Part 2 follows a case from the traffic stop and chemical test through court, sentencing and the separate Secretary of State license system. Part 3 has checklists, guides for particular situations and places to get help.
Michigan drunk-driving law in brief
- A driver commits OWI by driving under the influence, at 0.08 or more, or at 0.17 or more, the high-BAC level.[3] Start with Michigan OWI law overview and The legal blood alcohol limit.
- A first OWI is a misdemeanor with up to 93 days in jail, and a third OWI after 2 or more priors is a felony no matter how old the priors are.[4][5] See The OWI penalties chart.
- The license consequences come from the Secretary of State, not the court, and begin when it receives the record of conviction.[6] See Driver's license consequences.
- Refusing the chemical test after an arrest brings a 1-year suspension unless a hearing is requested within 14 days and won.[7][8] See Refusing a breath or blood test.
- Sobriety checkpoints may not be used in Michigan.[9] See Sobriety checkpoints.
- One first-offense OWI may be set aside on an application filed after a 5-year wait, but it stays on the Secretary of State driving record.[10][11][12] See Setting aside an OWI conviction.
What the numbers count
In 2025, 264 people were killed in alcohol-involved crashes in Michigan, 24.8% of all traffic deaths that year.[13] "Alcohol-involved" is a broader category than drunk driving, so that figure is not a count of people killed by drivers at 0.08 or more.[14] The figures and their limits are set out in Michigan drunk-driving statistics.
How this library is kept accurate
Each page was written from the text of the Michigan Vehicle Code and other Michigan Compiled Laws, the Michigan Court Rules, the Secretary of State's administrative rules and published guidance, court decisions, federal regulations and official state data, as they stood on the review date shown at the top of the page. Where the sources do not answer a question, the page says so instead of guessing. Changes to Michigan OWI law and Michigan drunk-driving myths collect points that some older web pages state incorrectly.
Part 1
Understand the Law
What Michigan law actually says: the OWI offenses, the alcohol and drug limits, where and when the law applies, and the penalties.
The OWI offenses
Michigan law says "operating while intoxicated", not DUI. Start here.
- OWI, DUI, DWI, OUIL: what Michigan calls drunk drivingMichigan charges "operating while intoxicated" under MCL 257.625. How the common words map to the statute.
- Michigan's drunk-driving law: how MCL 257.625 is organizedThe main impaired-driving offenses sit in one section of the Vehicle Code. A map of its subsections.
- What "under the influence" meansOWI can be proved by impairment alone, with no test result at all.
- Michigan's blood alcohol limits: 0.08, 0.17, 0.04 and 0.02The four alcohol concentrations that matter, and who each one applies to.
- High BAC ("super drunk") OWI: 0.17 or moreA separate offense with a higher jail maximum, a required rehabilitative program and a longer license suspension.
- Operating while visibly impaired (OWVI)A lesser offense: ability to drive "visibly impaired" by alcohol or drugs.
- What counts as "operating" a vehicleThe statutory definition and the cases on parked cars, running engines and sleeping drivers.
- Where the law applies: roads, parking lots and private propertyOWI covers places "open to the general public" or "generally accessible to motor vehicles".
- Driving under the influence of drugsMichigan has an impairment offense and a "zero tolerance" offense for Schedule 1 drugs and cocaine.
- Marijuana and driving in MichiganLegal marijuana is still a driving offense when it impairs. What the statutes and courts say about THC.
- Prescription and over-the-counter drugsA valid prescription is not a defense to impairment. What the statute covers.
- Under 21: the zero-tolerance lawFor a driver under 21: 0.02 or more, or any alcohol in the body from drinking.
- OWI with a child in the vehicleOperating while intoxicated or impaired with a passenger under 16 is a separate, enhanced offense.
- Letting an impaired person drive your vehicleThe owner or person in control can be charged under MCL 257.625(2).
- OWI in a commercial vehicle (0.04)A lower limit and separate rules for anyone operating a commercial motor vehicle.
- Operating a boat under the influenceThe watercraft OWI law in Michigan's Natural Resources and Environmental Protection Act.
- Snowmobiles, ORVs and other vehiclesSeparate impaired-operation laws for snowmobiles, off-road vehicles and aircraft.
- Open containers in a vehicleTransporting or possessing an open alcoholic beverage in the passenger area.
Penalties
What a conviction can mean, by offense and by number of priors.
- First-offense OWI penaltiesUp to 93 days in jail, fines, community service, points and a license suspension.
- Second OWI within seven yearsMandatory jail or community service, license revocation and vehicle sanctions.
- Third-offense OWI: the felonyAny third OWI, regardless of when the earlier two happened, is a felony.
- How prior convictions are countedSeven years, lifetime, out-of-state and juvenile priors: the "prior conviction" definition.
- OWI causing serious impairment of a body functionA five-year felony, with a statutory list of what "serious impairment" means.
- OWI causing deathA fifteen-year felony, rising to twenty in two situations the statute lists.
- Michigan OWI penalties: the full chartEvery impaired-driving offense with its statute, maximum jail, fine, community service and license sanction.
- When jail is mandatoryThe offenses with mandatory minimum jail or community-service terms, and what the statute allows instead.
- Fines, costs and fees after an OWIStatutory fines, court costs, assessments and the license reinstatement fee.
- Charges often filed alongside OWIDriving while license suspended, reckless driving, leaving the scene, open intoxicants and moving violations causing injury.
- Driving while license suspended or revokedMCL 257.904 tiers, and the extra consequences when the suspension came from an OWI.
- Minor in possession of alcoholSince 2018 a first MIP is a civil infraction. How it connects to driving.
Reference
Changes, myths, terms and numbers.
- Recent changes to Michigan drunk-driving lawStatutes and court rulings since 2010 that older web pages miss.
- Twenty myths about Michigan OWI law"You can refuse every test", "they have to read you your rights", "you can't be charged in a parking lot".
- Glossary of Michigan OWI termsBAC, PBT, DataMaster, implied consent, OWVI, restricted license, interlock, abstract and dozens more.
- Michigan drunk-driving statisticsAlcohol- and drug-involved crashes, deaths and injuries from official state and federal data.
- Impaired-driving crashes in West Michigan countiesCounty-level official data for Kent, Ottawa, Allegan, Muskegon and neighbouring counties.
Part 3
Decide and Act
Checklists, decision guides, courts and places to get help.
If you were arrested or charged
- The first 14 days after an OWI arrest: a checklistThe deadlines and decisions that come up right away.
- Questions to ask a lawyer about an OWI chargeA neutral list of questions that cover the criminal case, the license and the long term.
- Papers and records to keepCitation, permit, bond order, test notices and the Secretary of State correspondence.
- Preparing for sentencingThe assessment, the presentence interview and what the court will consider.
- An OWI deadlines calendarEvery time limit from arrest to restoration on one page.
- First-offense OWI: what to expectA plain walk through a first-offense case from arrest to the end of the license suspension.
- Second or third OWI: what to expectRevocation, vehicle sanctions, mandatory terms and sobriety court.
Families and special situations
- When a family member is arrested for OWIRelease, bond, vehicle issues and what family members can and cannot do.
- Under-21 drivers: a guide for parentsZero tolerance, MIP, graduated licenses and the long-term record.
- CDL holders arrested for OWIThe disqualification rules apply even off duty. A checklist.
- Out-of-state drivers arrested in MichiganHow a Michigan OWI case and a home-state driver's license interact.
- Michigan drivers arrested in another stateHow an out-of-state OWI affects a Michigan license.
- Getting help for alcohol or drug useConfidential helplines, publicly funded treatment and how treatment connects to the court case.
Courts and resources
- West Michigan courts that hear OWI casesDistrict and circuit courts in Kent, Ottawa, Allegan, Muskegon and neighbouring counties.
- Sobriety and DWI courts in West MichiganWhich West Michigan courts run sobriety or DWI treatment courts.
- The Secretary of State's hearings officeWhere implied consent and license restoration hearings are requested and held.
- OWI help and resources directoryLegal aid, treatment, victim services and official information in one list.
Common questions about Michigan drunk driving law
What is the legal limit for drunk driving in Michigan?
The general per se level is 0.08. Michigan's OWI law is broken by driving under the influence, with a bodily alcohol content of 0.08 or more, or with 0.17 or more, the high-BAC level.[3] At 0.08 or more a jury may convict whether or not the alcohol affected the person's driving.[15] The State Police say drivers can be arrested at any level if an officer believes they are impaired.[16] Drivers under 21 commit a separate offense at 0.02 or more, or with any alcohol in the body from drinking.[17] Commercial drivers commit a separate offense at 0.04 or more in a commercial vehicle.[18]
What are the penalties for a first OWI in Michigan?
A first OWI is a misdemeanor punishable by one or more of up to 93 days in jail, a fine of $100 to $500 and up to 360 hours of community service.[4] The Secretary of State suspends the license for 180 days, with no restricted license for the first 30 days, and records 6 points.[19][20] A first high-BAC conviction carries up to 180 days in jail and a fine of $200 to $700.[21]
Is a third OWI a felony in Michigan?
Yes. An OWI after 2 or more prior convictions is a felony regardless of how many years have passed since the priors, with a fine of $500 to $5,000.[5] That lifetime lookback came from 2006 PA 564, effective January 3, 2007.[22] Out-of-state convictions under substantially corresponding laws count as priors.[23]
What happens if I refuse a breath or blood test in Michigan?
Refusing the chemical test after an arrest leads to a 1-year license suspension, or 2 years for a second refusal within 7 years, unless a hearing is requested within 14 days and won.[7][8] The refusal adds 6 points.[24] The officer may also seek a court order for a test.[25] Refusing the roadside preliminary breath test is a civil infraction for non-commercial drivers.[26]
Are sobriety checkpoints legal in Michigan?
No. Although the U.S. Supreme Court upheld sobriety checkpoints under the Fourth Amendment in 1990, the Michigan Supreme Court held in 1993 that they violate article 1, section 11 of the Michigan Constitution, so they may not be used in Michigan.[9]
Can I be charged with OWI for marijuana in Michigan?
Yes. Driving under the influence of a controlled substance is OWI.[3] It is also a crime to drive with any amount of a Schedule 1 controlled substance in the body, whether or not the driver is impaired, and marijuana remains on Michigan's Schedule 1 list.[27][28] The Michigan Supreme Court has held that a registered medical marijuana patient who is not under the influence is protected from that any-amount rule, and whether that protection extends to adults using marijuana under the recreational law is unsettled.[29][30]
Can an OWI be removed from my record in Michigan?
One first-offense OWI-type conviction may now be set aside if the person has not previously had one set aside.[10] The application can be filed only 5 or more years after sentence, probation or imprisonment ends, whichever is last.[11] A set-aside does not remove the conviction from the Secretary of State driving record, where impaired-driving convictions stay permanently.[12][31]
Do I get a free lawyer for an OWI in Michigan?
In the criminal case, a person facing possible jail who cannot afford a lawyer is entitled to an appointed one, requested at arraignment.[32] There is no right to an appointed lawyer at a Secretary of State license hearing, because those hearings are administrative.[33]
How many people die in alcohol-involved crashes in Michigan?
In 2025, 264 people were killed in alcohol-involved crashes in Michigan, 24.8% of the 1,065 people killed on Michigan roads that year.[13] "Alcohol-involved" is broader than drunk driving: it counts crashes where someone involved, not necessarily a driver at 0.08, was coded as having been drinking.[14]
Sources
- SAMHSA, National Helpline — Substance Abuse and Mental Health Services Administration
- MDHHS, 988 Suicide & Crisis Lifeline and Michigan Crisis & Access Line — Michigan Department of Health and Human Services
- MCL 257.625(1)(a)-(c) — Michigan Legislature
- MCL 257.625(9)(a) — Michigan Legislature
- MCL 257.625(9)(c) — Michigan Legislature
- MCL 257.319(1) — Michigan Legislature
- MCL 257.625f(1)(a) — Michigan Legislature
- MCL 257.625e(1), (2) — Michigan Legislature
- Michigan Dep't of State Police v Sitz, 496 US 444, 455 (1990); Sitz v Dep't of State Police, 443 Mich 744, 746–747 (1993); Const 1963, art 1, § 11 — Michigan Courts
- MCL 780.621c(1)(d)(i), (3) — Michigan Legislature
- MCL 780.621d(2) — Michigan Legislature
- MCL 780.621c(5) — Michigan Legislature
- MTCF, *2025 Alcohol Fact Sheet*, p. 1 — Michigan Traffic Crash Facts
- Michigan Traffic Crash Facts, *2025 Alcohol Fact Sheet* (MSP / OHSP), p. 1 — Michigan Traffic Crash Facts
- M Crim JI 15.5(5) — Michigan Courts
- MSP news release, 13 Aug 2026 — Michigan State Police
- MCL 257.625(6) — Michigan Legislature
- MCL 257.625m(1), (3) — Michigan Legislature
- MCL 257.319(8)(a) — Michigan Legislature
- MCL 257.320a(1)(c) — Michigan Legislature
- MCL 257.625(9)(a)(ii)-(iii) — Michigan Legislature
- MCL 257.625(9)(c); 2006 PA 564; People v Perkins, 280 Mich App 244, 245-252 (2008) — Michigan Courts
- MCL 257.625(25)(b) — Michigan Legislature
- MCL 257.320a(8) — Michigan Legislature
- MCL 257.625d(1), (2) — Michigan Legislature
- MCL 257.625a(2)(d) — Michigan Legislature
- MCL 257.625(8), (9) — Michigan Legislature
- MCL 333.7212(1), (2) — Michigan Legislature
- People v Koon, 494 Mich 1, 3, 7-9 (2013) — Michigan Courts
- MJI Traffic Benchbook (4th ed) §9.11(E); MCL 257.625(8); MCL 333.7212(1)(c) — Michigan Courts
- Michigan Secretary of State, *What Every Driver Must Know* (October 2025), ch. 2 "Your Driving Record", p. 13 — Michigan Department of State
- Michigan Indigent Defense Commission, FAQ — michiganidc.gov
- Michigan Department of State, OHAO FAQ — Michigan Department of State
This page is general legal information about Michigan law, published by the office of Attorney Shawn Haff. It is not legal advice and reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts — check the sources linked above and talk to a licensed Michigan attorney about your situation. In an emergency, call 911. For confidential help with alcohol or drug use, the SAMHSA National Helpline is 1-800-662-4357.