Letting an Intoxicated Person Drive Your Vehicle in Michigan

Michigan makes it a crime for the owner of a vehicle, or anyone in charge or in control of it, to authorize or knowingly permit the vehicle to be driven by a person who is under the influence of alcohol or drugs, has an alcohol content of 0.08 or more, or is visibly impaired.^[1] The offense is in MCL 257.625(2), and its penalties are in MCL 257.625(10): up to 93 days for the basic offense, and felony penalties if the driver causes a death or serious injury.^[3] This page covers who can be charged, what the prosecutor must show about knowledge, and how the offense differs from the driver's own OWI.

Who can be charged?

The statute names two groups: "the owner of a vehicle" and "a person in charge or in control of a vehicle."^[1] Because of the second group, the offense is not limited to the person who holds title.^[1] The offense applies to driving on a highway or other place open to the general public or generally accessible to motor vehicles, including parking areas, the same places covered by the OWI ban.^[1][6] See where the law applies.

The driver's condition: three alternatives

The statute is violated if the person allowed to drive was in any one of three conditions.^[1]

• Under the influence of alcohol, a controlled substance, another intoxicating substance, or a combination.^[1]
• An alcohol content of 0.08 grams or more.^[1]
• Ability to operate the vehicle visibly impaired by alcohol, a controlled substance, another intoxicating substance, or a combination.^[1]

The list does not include the 0.17 high-BAC level as a separate item, because anyone at 0.17 is also at 0.08 or more.^[1][7] It also does not include the under-21 zero-tolerance level or the Schedule 1 drug offense by name.^[1]

Knowledge: what the prosecutor must prove

The statute uses two verbs: "authorize" or "knowingly permit."^[1] The model jury instruction for this offense, M Crim JI 15.10, requires the jury to find that the defendant authorized or permitted the vehicle to be operated by the named driver knowing that the driver was under the influence, had an unlawful bodily alcohol content, or had a visibly impaired ability to operate.^[2] Knowledge of the driver's condition is therefore an element the prosecution must prove.^[2] What evidence shows knowledge in a given case is a question of fact for the judge or jury.

The definition of "under the influence" given to juries in OWI cases is that the person's ability to operate a vehicle in a normal manner was substantially lessened; smelling of alcohol does not by itself prove it.^[8] "Visibly impaired" means the person drove with less ability than an ordinary careful driver, lessened to the point another person would notice.^[9] See what "under the influence" means.

Penalties

What the driver did	Penalty for the person who allowed the driving
Drove while intoxicated or impaired (no death or serious injury)	Misdemeanor: up to 93 days and/or a fine of $100 to $500[3]
Caused a death in violation of the OWI-causing-death provision	Felony: up to 5 years and/or a fine of $1,500 to $10,000[3]
Caused serious impairment of a body function in violation of the OWI-causing-injury provision	Felony: up to 2 years and/or a fine of $1,000 to $5,000[3]

In the sentencing guidelines, the death version is a class E crime against a person and the serious-impairment version is class G.^[10] "Serious impairment of a body function" is defined by statute and includes, among other things, loss of a limb or of the use of a limb, serious visible disfigurement, a coma lasting more than 3 days, and a skull or other serious bone fracture.^[11]

Unlike the driver's own OWI, these penalty tiers do not step up with prior convictions.^[3] The statute also does not list jail minimums for this offense.^[3] As with OWI, the court may order the costs of prosecution.^[12]

A distinction worth noting: the driver who caused the death faces up to 15 years, or up to 20 years in listed aggravated situations.^[13][14][15] The 5-year maximum on this page applies to the person who allowed the driving, not to the driver.

How this differs from the driver's own charge

The driver and the person who allowed the driving are charged under different subsections. The driver's OWI is under MCL 257.625(1), and OWI causing death or serious impairment is under 625(4) and (5).^[7][13][16] The person who allowed the driving is charged under 625(2), and the 625(10) penalties for that person depend on what the driver did, not on the allowing person's own alcohol level.^[1][3] Before sentencing for an offense listed in the screening statute, the court must order a substance-abuse screening and assessment; that list names subsections (1), (3), (4), (5), (6), (7) and (8) of section 625 and does not name subsection (2).^[17]

Does it count as a prior OWI?

No. The definition of "prior conviction" for OWI enhancement includes violations of section 625 "except a violation of subsection (2)."^[4] The same exclusion appears in the lists the Secretary of State uses for suspensions and for revocations.^[18][19] The set-aside law draws the line differently: its definition of a "first violation operating while intoxicated offense" expressly lists section 625(2), when the person had no prior section 625 conviction at the time.^[20] That category is the one OWI-type conviction that can be set aside on application, and only once per lifetime; a 625(2) conviction outside the definition falls under the general bar on setting aside OWI convictions.^[21][22][23] See set-aside eligibility for the waiting period and other conditions.

Risk to the vehicle

The vehicle can be affected even if the owner is never convicted. The court may order a vehicle immobilized if its owner, co-owner or lessee knowingly permitted it to be operated in violation of section 625(2), regardless of whether a conviction resulted.^[5][24] Immobilization does not apply to vehicles registered in another state or rental vehicles.^[5] When the driver's conviction is one for which forfeiture is available, the statute protects co-owners and lienholders who did not know of or consent to the violation.^[25] See vehicle immobilization and vehicle forfeiture.

Related rules

Separate laws cover other people connected to an impaired driver. Bars and stores that serve visibly intoxicated people are addressed in Michigan's dram shop law, and hosts in social host liability. Parallel bans on letting an impaired person operate a motorboat, snowmobile or ORV appear in the natural resources code, each a misdemeanor of up to 93 days and/or $100 to $500.^[26][27] The owner of a vehicle also may not knowingly let an unlicensed or suspended driver drive it, under a different section.^[28]

Practical point: if you were the owner or the person who handed over the keys, keep any messages, receipts or ride-share records from that night. They show who was where and when.