Michigan Drivers Arrested for Drunk Driving in Another State

A Michigan driver arrested for drunk driving in Ohio, Indiana, Wisconsin or anywhere else faces a criminal case in that state, under that state's law and in its courts. This guide does not cover other states' criminal procedure. What it covers is the Michigan side: once the other state's court convicts, Michigan's Secretary of State applies its suspension and revocation rules to the Michigan license, provided the other state's law substantially corresponds to Michigan's.^[1][7] A related guide, Out-of-state OWI and your Michigan license, covers the same rules from the licensing angle.

How the conviction reaches Michigan

The Michigan licensing statutes reach out-of-state convictions directly. Section 319 (suspensions) and section 303 (revocations) both apply to convictions under "a law of another state that substantially corresponds to a law of this state," and the Secretary of State records the conviction within 5 days of receiving a proper abstract from another state's court.^[7][8] Federal law also requires each participating state's licensing official to report drunk-driving convictions and for-cause suspensions to the National Driver Register within 31 days, and the Secretary of State may check that register before renewing a license.^[9]

Michigan enacted the Driver's License Compact in 2018 PA 621, effective March 28, 2019, and the compact's text has the home state give a reported out-of-state DUI conviction the same effect as if it had happened at home.^[10][11] This guide could not confirm from an official source whether Michigan has completed entry and is a listed member of the compact, so this page relies on the Vehicle Code sections above, which apply regardless of the compact.^[7]

What Michigan does to the license

Michigan record	Licensing action
First OWI-type conviction, no prior within 7 years	180-day suspension; a restricted license may be issued for part of it, but not in the first 30 days.[12]
2 convictions within 7 years, counting other states'	Mandatory revocation and denial of a new license.[2]
3 convictions within 10 years, counting other states'	Mandatory revocation and denial of a new license.[3]
Points	Out-of-state convictions appear on the Michigan record with Michigan points; OWI carries 6 points.[4][13]

The Secretary of State, not the court, imposes these sanctions, and it does so on receiving the record of conviction.^[1] It applies the law in effect when the offense was committed.^[14] A section 303 revocation must be imposed even if a court order says otherwise, unless the order complies with MCL 257.323.^[15] Details are in License suspension after a first OWI and License revocation after OWI.

Getting a revoked license back

When out-of-state convictions bring a Michigan revocation, the Secretary of State cannot issue a license for at least 1 year, or 5 years if the revocation came within 7 years of an earlier revocation or denial.^[16] For a repeat-offense revocation, the convictions are treated as prima facie evidence of "habitual" status, and the driver must rebut that by clear and convincing evidence to get a license back.^[17] Those hearings are held by attorney hearing officers in the Secretary of State's Office of Hearings and Administrative Oversight, by Microsoft Teams video.^[18][19] The process is described in The Secretary of State's hearings office.

Credit for the other state's sanction

Two rules address a suspension imposed by both states for the same offense:

• A suspension, revocation, denial, disqualification or cancellation by another state for the same offense runs concurrently with Michigan's sanction.^[5]
• The Secretary of State may waive a Michigan restriction, suspension or revocation, or issue a restricted license, if the driver proves that a court in the other state imposed, and the driver served, a sanction of equal or greater length for the violation.^[5]

The waiver is permissive: the statute says the Secretary of State "may" grant it.^[5] A restricted license, where one is issued, allows driving only for listed purposes such as work, treatment, probation and school, and the driver must carry proof of the destination and hours.^[20][21] See Restricted licenses.

A license from Michigan while suspended elsewhere

The Secretary of State may not issue a license to anyone whose license is suspended, revoked, denied or canceled in any state.^[22] A sanction in the state of arrest can therefore matter when a Michigan license comes up for renewal, and the Secretary of State may check the National Driver Register before renewing.^[9]

The conviction as a prior in Michigan

For a later Michigan OWI charge, "prior conviction" includes a conviction under a law of another state that substantially corresponds to Michigan's law.^[6] The license rules use the same approach and count other states' convictions toward revocation.^[23] Two convictions arising from the same transaction count as one for the suspension rules.^[23] A second offense within 7 years carries a fine of $200 to $1,000 and jail or community service, and a third offense after 2 or more priors is a felony regardless of how many years have passed.^[24][25] The counting rules are in How prior OWI convictions are counted.

Commercial driver's license holders

For a Michigan CDL holder, an OWI in a personal vehicle counts the same as one in a commercial vehicle.^[26] A conviction under MCL 257.625 or a chemical-test refusal brings a 1-year suspension of all CDL privileges, in either kind of vehicle.^[27] The Secretary of State must also immediately suspend a CDL holder who fails to answer an out-of-state citation or comply with an out-of-state judgment for a reportable violation, until the other state reports the matter resolved.^[28] See CDL holders arrested for OWI.

What this guide does not cover

Each state sets its own rules for chemical-test refusals, court appearances by out-of-state defendants and plea options, and those rules are not covered here. One Michigan rule does reach that stage: the Secretary of State discards an abstract of a bond forfeiture that occurred outside Michigan, unless it involves a commercial vehicle or a CDL holder.^[29] How long the conviction stays on the Michigan record is covered in How long an OWI stays on your record, and drivers from other states arrested in Michigan can read Out-of-state drivers arrested in Michigan. A list of legal-help organizations is in OWI help and resources.