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Michigan Legal Resource Library · Penalties

Fines, Costs and Fees After an OWI in Michigan

Key points

  • OWI fines are set by statute: $100 to $500 for a first OWI, $200 to $700 for high BAC, $200 to $1,000 for a second within 7 years, and $500 to $5,000 for a felony third.[1][2][3][4]
  • When a court orders any fine, cost or assessment, it must add minimum state costs ($50 misdemeanor, $68 felony) and a crime victim's rights assessment ($75 or $130).[5][6]
  • Courts may also order prosecution costs, general court costs under MCL 769.1k (an authority that runs until December 31, 2026), and reimbursement of police and emergency response costs.[7][8][9]
  • Michigan's $1,000-a-year driver responsibility fee for OWI ended with no new assessments from October 1, 2018.[10][11]

An OWI conviction in Michigan brings a statutory fine (from $100 to $500 for a first offense up to $500 to $5,000 for a felony third offense) plus costs and assessments that the court adds.[1][4] Whenever a court orders any fine, cost or assessment, it must also order minimum state costs and a crime victim's rights assessment.[5][6]

The total is therefore the fine plus several separate items, some mandatory and some up to the judge, and then license and vehicle costs that are paid outside the courtroom. This page lists each one with its legal source. It does not estimate a total for any court, because the discretionary items vary.

The fine for each offense

OffenseStatutory fine
OWI 1st, or 625(8) Schedule 1 drug or cocaine, 1st$100 to $500[1]
High BAC 1st (0.17 or more)$200 to $700[2]
OWVI 1stUp to $300[12]
OWI or OWVI, 2nd within 7 years$200 to $1,000, mandatory[3][13]
OWI or OWVI, 3rd (felony)$500 to $5,000, mandatory[4][13]
Zero tolerance (under 21), 1stUp to $250[14]
Zero tolerance within 7 years of a priorUp to $500[15]
Child endangerment, 1st$200 to $1,000, mandatory[16]
Child endangerment, felony$500 to $5,000, mandatory[17]
OWI causing serious impairment$1,000 to $5,000 (with or instead of prison)[18]
OWI causing death$2,500 to $10,000 (with or instead of prison)[19]
Commercial vehicle 0.04, 1stUp to $300, together with costs of prosecution[20]
Allowing an intoxicated person to drive$100 to $500[21]

A full list of jail and license sanctions is in the penalties chart.

Costs and assessments the court must add

  • Minimum state costs: at least $50 for a misdemeanor and $68 for a felony, whenever the court orders any fine, cost or assessment. Payment is a probation condition and may be taken from a cash bond.[5]
  • Crime victim's rights assessment: $75 for a misdemeanor or $130 for a felony, one per case, in any case resolved other than by acquittal or unconditional dismissal.[6]
  • Restitution: full restitution to any victim of the conduct, in both misdemeanor and felony cases.[22][23] In a misdemeanor case, the prosecutor bears the burden of proving the amount of the loss by a preponderance of the evidence.[24]

Costs the court may add

  • Costs of prosecution, under MCL 257.625(13).[7]
  • General court costs under MCL 769.1k: any cost authorized by the offense statute, the cost of an appointed lawyer, assessments, and, "Until December 31, 2026," costs reasonably related to the court's actual operating costs (such as staff salaries and buildings) without calculating them for the particular case.[8]
  • Reimbursement of the government's expenses for the incident, including officers' time for the arrest, processing and blood or breath testing, fire and EMS response, and prosecution staff time.[9]
  • A contribution toward the cost of a court-appointed lawyer if the defendant can pay part of it.[25]

As of October 2026, the general court-cost authority in MCL 769.1k(1)(b)(iii) is written to run "Until December 31, 2026."[8] Whether the Legislature extends it is not known as this page is written; check the statute for sentences imposed after that date.

Costs tied to the sentence

  • Screening, assessment and treatment: the defendant pays for the pre-sentence screening and assessment and for ordered rehabilitative services if no other funding source is available.[26]
  • Community service supervision: community service is unpaid, and the defendant must reimburse the government's cost of supervising it.[27]
  • Felony probation supervision: a circuit court probation order must include a supervision fee of $30 per month, up to 60 months, or $60 per month with an electronic monitoring device (which includes alcohol-detecting devices); the court may waive it for indigency.[28] That statute applies to circuit court; district court probation fees are not addressed in it.[28]
  • Vehicle immobilization: the court may order the convicted person to pay the cost of immobilizing and storing the vehicle.[29]
  • Specialty court: participants must pay court-ordered fines, costs, the program fee, restitution and the crime victim assessment, and pay or substantially contribute to treatment and testing costs; the court may waive some of these for substantial hardship.[30]

License and interlock costs

ItemAmount and source
License reinstatement fee$125, paid to the Secretary of State before a license suspended, revoked or restricted under the OWI-related sections is issued or returned; waived for a suspension or restriction based on a mental or physical infirmity or disability, and for a sanction imposed for reasons no longer eligible under the Vehicle Code.[31]
Driver license clearance fee$45 for each failure to answer a citation or pay a fine or cost, before a failure-to-appear or failure-to-pay suspension ends.[32]
Ignition interlockPaid by the driver; no-cost device for incomes below 150% of the poverty line, with a maintenance fee of up to $2.00 per day.[33]

Official sources used for this guide do not publish typical interlock installation or monthly charges. See ignition interlock devices.

The driver responsibility fee is gone

Michigan once charged a driver responsibility fee on top of court penalties. For OWI it was $1,000 assessed in each of two consecutive years.[11] A 2018 package of public acts, identified by the Senate Fiscal Agency as PAs 43 through 50 of 2018, ended the program: no new assessments were issued beginning October 1, 2018, Treasury could not collect outstanding fees after September 30, 2018, and drivers are no longer liable for them.[10] The section that once held the fee, MCL 257.732a, now creates the fire protection fund.[34]

Some state web pages still describe the old fee, so older information found online may be out of date. See driver responsibility fees: repealed.

If you cannot pay

  • No jail for unpaid MCL 769.1k costs unless the court finds the defendant has the resources to pay and has not made a good-faith effort.[35]
  • No jail for an unpaid reimbursement order on the same condition, though the order is a probation condition and can be enforced like a civil judgment.[36]
  • For nonpayment of a non-jail sentence, contempt requires a finding of ability to pay without manifest hardship and a lack of good-faith effort.[37]
  • Bond money the defendant posted is applied first to fines, costs and assessments, with any balance returned.[38]

Unpaid fines can also lead to a license suspension. In an OWI-type case, the court must mail notice, and if the person does not comply with the judgment within 14 days, the Secretary of State suspends the license.[32] Since October 1, 2021, failure-to-pay suspensions apply only to violations for which suspension is allowed under the Vehicle Code.[39] See driving while license suspended and probation after an OWI.

Keep every receipt from the court, the probation office, the treatment provider and the Secretary of State. Ask the court clerk for a written balance before each payment deadline.

Common questions

How much is the fine for a first OWI in Michigan?

The statutory fine for a first OWI is $100 to $500, and $200 to $700 for high BAC (0.17 or more).[1][2] The court may impose the fine alone or with jail or community service.[1] Mandatory minimum state costs and the crime victim's rights assessment are added on top of any fine.[5][6]

Do I still owe the driver responsibility fee for an OWI?

No. The fee, which for OWI was $1,000 in each of two years, was repealed by a 2018 package of public acts. No new assessments were issued beginning October 1, 2018, and drivers are no longer liable for outstanding fees.[10][11] Some official state pages still describe the old fee; the repeal controls.

Can I be jailed if I can't afford to pay?

Not without a finding. A defendant may not be jailed for unpaid costs under MCL 769.1k unless the court finds the defendant has the resources to pay and has not made a good-faith effort.[35] The same rule applies to reimbursement orders for police and emergency costs.[36]

What does it cost to get my license reinstated?

A $125 reinstatement fee is due to the Secretary of State before a license suspended, revoked or restricted under the OWI-related sections is issued or returned.[31] If a suspension was for failing to appear or pay, a $45 driver license clearance fee is also due for each failure.[32]

Who pays for the ignition interlock?

The driver pays. Manufacturers must provide a device at no cost to a person whose gross income for the previous tax year was below 150% of the federal poverty line; that person pays the installer a maintenance fee of no more than $2.00 per day.[33]

Sources

  1. MCL 257.625(9)(a) — Michigan Legislature
  2. MCL 257.625(9)(a)(ii)-(iii) — Michigan Legislature
  3. MCL 257.625(9)(b) — Michigan Legislature
  4. MCL 257.625(9)(c) — Michigan Legislature
  5. MCL 769.1j(1), (3)-(4) — Michigan Legislature
  6. MCL 780.905(1)-(2) — Michigan Legislature
  7. MCL 257.625(13) — Michigan Legislature
  8. MCL 769.1k(1)(b) — Michigan Legislature
  9. MCL 769.1f(1)(a), (2) — Michigan Legislature
  10. 2018 PA 43–50 (amending MCL 257.732a); Governor's press release, 1 Mar 2018; Senate Fiscal Agency, *State Notes* Fall 2018 — State of Michigan
  11. Senate Fiscal Agency, *State Notes* Fall 2018, p. 1–2 — State of Michigan
  12. MCL 257.625(11)(a) — Michigan Legislature
  13. MCL 257.625(11)(b)-(c) — Michigan Legislature
  14. MCL 257.625(12)(a) — Michigan Legislature
  15. MCL 257.625(12)(b) — Michigan Legislature
  16. MCL 257.625(7)(a)(i) — Michigan Legislature
  17. MCL 257.625(7)(a)(ii) — Michigan Legislature
  18. MCL 257.625(5)(a)-(b) — Michigan Legislature
  19. MCL 257.625(4)(a) — Michigan Legislature
  20. MCL 257.625m(3), (4), (6) — Michigan Legislature
  21. MCL 257.625(10) — Michigan Legislature
  22. MCL 780.766(2), (4) — Michigan Legislature
  23. MCL 780.826(2) — Michigan Legislature
  24. MCR 6.610(G)(1)(e) — Michigan Courts
  25. MCR 6.005(C) — Michigan Courts
  26. MCL 257.625b(5) — Michigan Legislature
  27. MCL 257.625(14) — Michigan Legislature
  28. MCL 771.3c(1)-(2), (5) — Michigan Legislature
  29. MCL 257.904e(1), (8) — Michigan Legislature
  30. MCL 600.1074(1), (3) — Michigan Legislature
  31. MCL 257.320e(1) — Michigan Legislature
  32. MCL 257.321a(2), (3) — Michigan Legislature
  33. MCL 257.625k(5)(c); MCL 257.322(6)(a) — Michigan Legislature
  34. MCL 257.732a; MCL 257.732b — Michigan Legislature
  35. MCL 769.1k(10); MCR 6.425(D)(3)(a) — Michigan Legislature
  36. MCL 769.1f(5)-(7) — Michigan Legislature
  37. MCL 769.5(5)-(6) — Michigan Legislature
  38. MCR 6.106(I)(3) — Michigan Courts
  39. MCL 257.321a(1); 2020 PA 376 — Michigan Legislature

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.

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