Michigan OWI Penalties Chart: Every Impaired-Driving Offense

This chart lists Michigan's impaired-driving offenses with the statute, the maximum jail or prison term, the fine, community service, the driver's license sanction and the vehicle sanction for each. For a first OWI, the court may impose one or more of up to 93 days in jail, a $100 to $500 fine, and up to 360 hours of community service.^[1]

Read the tables with three points in mind. First, most figures are maximums or ranges set by statute, not predictions. Second, "second offense" usually means within 7 years of a prior conviction, while the felony third offense has no time limit.^[3][4] Third, license sanctions come from the Secretary of State when it receives the conviction record.^[5] The pages on counting prior convictions and license consequences explain the details.

OWI, high BAC, OWVI and the drug offense

Offense and statute	Jail or prison	Fine	Community service	License (Secretary of State)	Vehicle
OWI 1st (under the influence or 0.08+), or any Schedule 1 drug or cocaine (625(8)): MCL 257.625(9)(a)	Up to 93 days	$100 to $500	Up to 360 hours	180-day suspension; no restricted license in the first 30 days	Immobilization up to 180 days possible; no forfeiture[1][6][7][8]
High BAC 1st (0.17+): MCL 257.625(1)(c), (9)(a)	Up to 180 days	$200 to $700	Up to 360 hours	1-year suspension; no restricted license in the first 45 days; restricted license is interlock-only	Immobilization up to 180 days possible[2][9][10][7]
OWVI 1st (visibly impaired): MCL 257.625(3), (11)(a)	Up to 93 days	Up to $300	Up to 360 hours	90-day suspension, restricted license allowed for all or part; 180 days if caused by drugs	Immobilization up to 180 days possible; no forfeiture[11][12][7][8]
OWI or 625(8), 2nd within 7 years: MCL 257.625(9)(b)	5 days to 1 year, or community service instead	$200 to $1,000 (mandatory)	30 to 90 days (alternative or addition to jail)	Revocation and denial (2 convictions within 7 years)	Immobilization 90 to 180 days required unless forfeited; forfeiture possible[3][13][14][15]
OWVI 2nd within 7 years: MCL 257.625(11)(b)	5 days to 1 year, or community service instead	$200 to $1,000 (mandatory)	30 to 90 days	Revocation and denial	Immobilization 90 to 180 days required; forfeiture possible[16][13][14][8]
OWI or 625(8), 3rd (any time): MCL 257.625(9)(c), felony	1 to 5 years prison, or probation with 30 days to 1 year jail (48 hours consecutive)	$500 to $5,000 (mandatory)	60 to 180 days with the probation option	Revocation and denial when the convictions fall within 7 or 10 years	Immobilization 1 to 3 years required unless forfeited; forfeiture possible[4][17][13][18][14][8]
OWVI 3rd (any time): MCL 257.625(11)(c), felony	Same options as OWI 3rd	Same as OWI 3rd	Same as OWI 3rd	Revocation and denial within the 7- or 10-year windows	Immobilization 1 to 3 years required; forfeiture possible[16][13][18][14][8]

A jail or prison term for a second (within 7 years) or third OWI may not be suspended unless the defendant agrees to take part in and completes a specialty court program.^[19] Any prior conviction, and any high-BAC conviction, also requires a rehabilitative program of at least 1 year.^[20] See when jail is mandatory.

Death, serious injury and letting someone else drive

Offense and statute	Maximum prison	Fine	License	Vehicle
OWI causing death: MCL 257.625(4)(a), felony	15 years	$2,500 to $10,000, or both	Revocation and denial on one conviction	Forfeiture possible; otherwise immobilization required[21][22][23]
OWI causing death at 0.17+ within 7 years of a prior: MCL 257.625(4)(b)	20 years	$2,500 to $10,000, or both	Revocation and denial	Forfeiture possible; otherwise immobilization required[24][25][22]
OWI causing death of a police officer, firefighter or emergency worker at a stopped emergency vehicle: MCL 257.625(4)(c)	20 years	$2,500 to $10,000, or both	Revocation and denial	Forfeiture possible; otherwise immobilization required[26][25][22]
OWI causing serious impairment: MCL 257.625(5)(a), felony	5 years	$1,000 to $5,000, or both	Revocation and denial on one conviction	Forfeiture possible; otherwise immobilization required[27][22][23]
OWI causing serious impairment at 0.17+ within 7 years of a prior: MCL 257.625(5)(b)	10 years	$1,000 to $5,000, or both	Revocation and denial	Forfeiture possible; otherwise immobilization required[27][25][22]
Allowing an intoxicated or impaired person to drive: MCL 257.625(2), (10)(a)	93 days	$100 to $500, or both	Does not count as a prior OWI conviction or toward OWI revocation	Owner's vehicle may be immobilized if the owner knowingly permitted it[28][29][13][30]
Allowing, when the driver causes a death: MCL 257.625(10)(b), felony	5 years	$1,500 to $10,000, or both	See the license pages	See the vehicle pages[28]
Allowing, when the driver causes serious impairment: MCL 257.625(10)(c), felony	2 years	$1,000 to $5,000, or both	See the license pages	See the vehicle pages[28]

Each death in one crash may be charged and sentenced separately, with consecutive terms allowed.^[31] Details are on the pages for OWI causing death and OWI causing serious impairment.

Under 21, child passengers and commercial vehicles

Offense and statute	Jail	Fine	Community service	License
Zero tolerance (under 21, 0.02 to under 0.08 or any alcohol from drinking), 1st: MCL 257.625(6), (12)(a)	None authorized	Up to $250	Up to 360 hours	30-day suspension; restricted license allowed for all or part[32][33][34]
Zero tolerance within 7 years of a prior: MCL 257.625(12)(b)	Up to 93 days	Up to $500	Up to 60 days	90 days with a prior zero-tolerance conviction within 7 years[35][36]
Child endangerment (passenger under 16), 1st: MCL 257.625(7)(a)(i)	Up to 1 year, or community service	$200 to $1,000 (mandatory)	30 to 90 days	180-day suspension; restricted license only after 90 days[37][38]
Child endangerment within 7 years of a prior, or after 2+ priors: MCL 257.625(7)(a)(ii), felony	1 to 5 years prison, or probation with 30 days to 1 year jail	$500 to $5,000 (mandatory)	60 to 180 days with probation	See the revocation rules[39][13]
Zero tolerance with a passenger under 16: MCL 257.625(7)(b)	Up to 93 days (5 days to 1 year with a prior within 7 years or 2+ priors at any time)	Up to $500 ($200 to $1,000, mandatory, with such priors)	Up to 60 days (30 to 90 with such priors)	See the license pages[40]
Commercial vehicle at 0.04 to under 0.08, 1st: MCL 257.625m(3)	Up to 93 days	Up to $300, plus prosecution costs	Not listed	90-day suspension of the base license (restricted license allowed); CDL privileges suspended for 1 year; 0 points[41][42][43][44]
Commercial 0.04, within 7 years of 1 prior: MCL 257.625m(4)	Up to 1 year (may not be suspended)	Up to $1,000	Not listed	Base license revoked (2 convictions within 7 years); CDL revoked for life for a second offense from a separate incident, with reissue possible after 10 years[41][13][45]
Commercial 0.04, within 10 years of 2+ priors: MCL 257.625m(5), felony	1 to 5 years prison, or probation with 30 days to 1 year jail (may not be suspended)	$500 to $5,000 (mandatory)	60 to 180 days with probation	See the CDL pages[46][41]

A court may not accept a plea to zero tolerance in exchange for dismissing an OWI charge, though it may dismiss on the prosecutor's motion.^[47] See the zero-tolerance law and OWI with a child in the vehicle.

Boats, snowmobiles, ORVs and aircraft

Vehicle and statute	1st offense	2nd within 7 years	After 2+ priors	Death / serious impairment
Boat: MCL 324.80176, 80177	Up to 93 days, $100 to $500, up to 45 days community service	$200 to $1,000 plus 10 to 90 days community service or 48 consecutive hours to 1 year jail	Felony, 1 to 5 years and/or $500 to $5,000 (any time)	15 years / 5 years[48][49]
Snowmobile: MCL 324.82127, 82128	Up to 93 days, up to 45 days community service, $100 to $500	$200 to $1,000 plus 10 to 90 days community service or 48 consecutive hours to 1 year jail	Felony, 1 to 5 years (any time)	15 years / 5 years[50]
ORV: MCL 324.81134 (figures for under the influence or 0.08+)	Up to 93 days, $100 to $500, up to 360 hours community service; ORV ban of 6 months to 2 years	$200 to $1,000 plus 5 days to 1 year jail or 30 to 90 days community service; ORV ban of 1 to 2 years	Felony, $500 to $5,000 plus 1 to 5 years prison or probation with jail (any time)	15 years / 5 years, plus an ORV ban with no expiration date[51][52][53]
Aircraft: MCL 259.185 (0.02 limit; 8-hour rule)	Up to 93 days and/or $100 to $500	Up to 1 year and/or $200 to $1,000	Felony within 10 years of 2+ priors, up to 5 years	15 years / 5 years[54][55]

See boating under the influence and snowmobiles and ORVs.

Test refusals

Refusal	Consequence
Roadside preliminary breath test (PBT), most drivers	Civil infraction; 2 points for a driver under 21[56][57]
Roadside PBT while operating a commercial motor vehicle	Misdemeanor, up to 93 days and/or $100, plus a 24-hour out-of-service order[58]
Evidentiary breath, blood or urine test after arrest	If no hearing is requested within 14 days: 1-year suspension, or 2 years for a second refusal within 7 years; 6 points[59][60]

A refusal is not a free pass: after one, the officer may seek a court order for a test.^[61] See refusing a breath or blood test.

Points for each offense

Offense	Points
OWI (including high BAC), OWI causing death or serious impairment, child endangerment, Schedule 1 drug or cocaine	6[62]
OWVI and under-21 zero tolerance	4[63]
Commercial-vehicle 0.04 offense (625m)	0[44]
Open intoxicants in a vehicle (624a) and under-21 transport (624b)	2[64]

Courts also add costs and assessments that do not appear in these tables. See fines, costs and fees after an OWI.