License suspension after a first OWI in Michigan

After a first drunk- or drugged-driving conviction in Michigan, the Secretary of State suspends the driver's license under MCL 257.319(8).^[10][1] The length depends on the exact offense: 180 days for a standard first OWI, 1 year for high BAC, 90 days for OWVI, and shorter or longer periods for under-21 and child-endangerment convictions.^{[1][2][4][11][12]} Most of these allow a restricted license for part of the period.^[1][4][11]

"First" here means no prior conviction within 7 years, the look-back the statute uses for these suspensions.^[1] For second offenses and other sanctions, see the overview of license consequences.

Suspension periods for a first offense

First conviction (no prior within 7 years)	Suspension	Restricted license
OWI, 625(1)(a) or (b), or 625(8) drug offense	180 days[1]	Allowed for a specified portion, never in the first 30 days[1]
High BAC, 625(1)(c), 0.17 or more	1 year[2]	Allowed after the first 45 days, interlock-only[2][3]
OWVI, 625(3)	90 days[4]	Allowed for all or part[4]
OWVI caused by a controlled substance, alone or with alcohol	180 days[4]	Allowed for all or part[4]
Child endangerment, 625(7)	180 days[12]	Only after the first 90 days[12]
Under-21 zero tolerance, 625(6)	30 days[11]	Allowed for all or part[11]

The high-BAC suspension also applies if the person has not more than 2 convictions within 10 years, not only to a true first offense.^[2] If more than one conviction comes from the same incident, only the suspension with the longest period is imposed.^[13] Convictions from other states and from local ordinances count as priors, but only one under-21 conviction can be used as a prior, and two from the same transaction count as one.^[14]

The often-repeated "30 days hard, 150 days restricted" is arithmetic, not statute text. The law sets a 180-day suspension and bars a restricted license during the first 30 days.^[1]

The restricted license

A restricted license issued under section 319 must allow the driver to take any required driving skills test and to drive:^[5]

• in the course of employment or occupation;^[5]
• to and from any combination of home, work, a court-ordered alcohol or drug education or treatment program, the court probation department, court-ordered community service, a school where the driver is enrolled, regularly occurring medical treatment for a serious condition of the driver or a household or immediate family member, and an interlock service provider.^[5]

The driver must carry proof of the destination and the hours of work, class or other reason for the trip, and show it to an officer on request.^[15] The Secretary of State may not issue a restricted license unless section 319 authorizes one for the offense and the driver is otherwise eligible for a license.^[16] A restricted license after a section 319(8) suspension cannot permit driving a commercial motor vehicle.^[6]

Violating a restriction is a misdemeanor, and the Secretary of State may suspend or revoke the license on satisfactory evidence of a violation.^[17] More detail is in restricted licenses.

High BAC: the interlock-only restricted license

A driver convicted of high BAC may use the restricted license only in a vehicle with an approved, certified interlock installed under sections 625k and 625l, and the license is not issued until proof of installation is provided.^[3] The device may come off after the provider verifies to the Secretary of State that the driver had no readings at or above 0.025, subject to listed exceptions for start-up failures and retests.^[18] The Secretary of State's process uses "HBAC Form 1" and an original interlock report showing a service date after the restriction end date.^[19]

Violating the restricted license, or driving or trying to drive at 0.025 or more, adds another suspension and restriction period of the same length.^[20] See high-BAC suspension and interlock.

OWVI, child endangerment and under-21 convictions

After an OWVI conviction the Secretary of State may issue a restricted license for all or part of the 90 days, so the driver need not lose all driving.^[4] If the impairment came from a controlled substance, or alcohol combined with one, the period is 180 days.^[4] See operating while visibly impaired.

For child endangerment, the 180-day suspension allows a restricted license only after the first 90 days.^[12] See OWI with a child in the vehicle.

The under-21 offense covers a bodily alcohol content of 0.02 up to but not including 0.08, or any alcohol from drinking except in a religious service.^[11] A first conviction brings 30 days; a second within 7 years brings 90 days, and that subdivision does not authorize a restricted license.^[11][21] Teen drivers also face an extended graduated-license stage.^[22] See the under-21 zero tolerance law.

Points

The Secretary of State records 6 points for OWI (including high BAC), child endangerment and the 625(8) drug offense, and 4 points for OWVI and the under-21 offense.^[7][8] When one incident produces several convictions, points are entered only for the highest-point violation.^[23] According to the Secretary of State, points stay on the record for two years from the conviction date, and 12 or more within two years leads to a driver assessment reexamination.^[24] See driver points and OWI.

No appeal to the Secretary of State, and reinstatement

The sanction is administrative and runs on its own track: the court reports the conviction, and the Secretary of State suspends on receiving the record, including a record of a conviction from another state.^[25][10] A suspension or restriction required by section 319 is not subject to appeal to the Secretary of State, and it applies notwithstanding a court order unless the order complies with MCL 257.323.^[9] The Secretary of State applies the law in effect when the offense was committed.^[26] Separately, a court may not take a reportable driving offense under advisement or mask, divert or suppress it.^[27]

Before the license is returned, the driver must pay a $125 reinstatement fee.^[28] The Secretary of State may also examine the driver and require them to meet the section 309 qualifications before issuing a license.^[29] The criminal side of a first offense, including jail, fines and probation, is covered in first-offense OWI penalties.