Driver's license consequences of an OWI in Michigan

An OWI conviction in Michigan leads to a driver's license sanction imposed by the Secretary of State: a suspension for most first offenses, and a revocation and denial for repeat offenses and OWI causing death or serious impairment.^{[1][2][4][10]} The length, whether restricted driving is allowed, and how the license comes back all depend on the offense and the driver's prior record.^[2][3][6]

This page is the overview. The details are on the linked pages, starting with license suspension after a first OWI and license revocation after a repeat OWI.

License sanctions by offense and prior record

Conviction or event	License sanction	Points
OWI (under the influence or 0.08+) or 625(8) drug offense, no prior within 7 years	180-day suspension; no restricted license in the first 30 days[2]	6[11]
High BAC (0.17+), no prior within 7 years	1-year suspension; restricted license only after 45 days, interlock-only[3][12]	6[11]
OWVI (visibly impaired), no prior within 7 years	90-day suspension, restricted license allowed for all or part; 180 days if caused by drugs[13]	4[14]
Child endangerment (passenger under 16), no prior within 7 years	180-day suspension; restricted license only after 90 days[15]	6[11]
Under-21 zero tolerance, first	30-day suspension, restricted license allowed[16]	4[14]
Under-21 zero tolerance, second within 7 years	90-day suspension[17]	4[14]
Commercial vehicle at 0.04 to under 0.08 (625m), first	90-day suspension of the base license, plus a separate CDL disqualification[18]	0[19]
Any 2 qualifying convictions within 7 years	Revocation and denial, minimum 1 year (5 years if a second revocation within 7 years)[4][6]	Depends on each offense
Any 3 qualifying convictions within 10 years	Revocation and denial[5]	Depends on each offense
OWI or OWVI causing death or serious impairment	Revocation and denial[10]	6[11]
Chemical-test refusal (implied consent)	1-year suspension, or 2 years for a second within 7 years[8]	6[9]

Only one suspension applies when several convictions come from the same incident: the one with the longest period.^[20] Points from one incident are also entered only for the highest-point violation.^[21] For points, see driver points and OWI.

Who decides

The Secretary of State imposes license suspensions on receiving the record of a conviction, whether it is under Michigan law, a local ordinance, a substantially corresponding law of another state or, since October 31, 2010, a substantially corresponding federal law.^[1] Out-of-state OWI convictions therefore count in Michigan; see out-of-state OWI and your Michigan license.^[22]

The court's role is to report. The court must send the conviction abstract to the Secretary of State within 5 days.^[23] It may not take a reportable driving offense under advisement or mask, divert or suppress it.^[24] A section 319 suspension cannot be appealed to the Secretary of State and is imposed despite a court order unless the order complies with MCL 257.323; a section 303 revocation is likewise imposed despite a court order unless the order complies with MCL 257.323.^[25][26]

Hearings on license appeals and restoration are held by hearing officers in the Secretary of State's Office of Hearings and Administrative Oversight (OHAO).^[27]

When the sanction starts

1. At arrest. On a refusal, or when a test shows an unlawful alcohol content or a controlled or intoxicating substance, the officer takes the license and, if the person is otherwise eligible, issues a paper temporary permit.^[28]
2. While the case is pending. If the case is prosecuted, the permit lasts until the charges are dismissed, the person is acquitted, or the license is suspended, restricted or revoked.^[29]
3. After conviction. The court reports within 5 days, and the Secretary of State suspends immediately on receiving the record.^[23][1] A "conviction" includes a paid fine and an accepted guilty or no-contest plea.^[30]

A refusal follows its own track. If no hearing is requested within 14 days, the Secretary of State suspends the license for 1 year, or 2 years for a second refusal within 7 years.^[8] See refusing a breath or blood test.

Suspension and revocation are different

A suspension under section 319 has a fixed length, and for most first offenses a restricted license is possible for part of it.^[2][13][16] A restricted license covers listed trips such as work, school, treatment, probation and medical care.^[31] See restricted licenses and the high-BAC interlock license.

A revocation under section 303 has only a minimum period: no license for at least 1 year, or at least 5 years after a second revocation or denial within 7 years.^[6] For a revocation based on repeat convictions, the convictions are prima facie evidence that the person is a habitual offender, and the driver must rebut that by clear and convincing evidence and meet the department's requirements.^[7] A hearing officer who grants relief may issue a restricted license that requires an interlock on each vehicle, for at least 1 year at first.^[32] See license restoration hearings.

For repeat offenders admitted to a specialty court interlock program, the Secretary of State must issue an interlock-restricted license after 45 days of suspension or revocation, once the judge certifies admission and installation, unless the person is ineligible for another reason the statute does not except.^[33][34]

Other license effects

• Commercial drivers. Any section 625 conviction or a refusal suspends CDL privileges for 1 year, in any vehicle; a second from a separate incident means lifetime revocation, with reissue possible after at least 10 years.^[35][36] See CDL disqualification.
• Driving while suspended. A conviction for driving while the license is suspended or revoked adds a further period equal to the original.^[37]
• Teen drivers. A suspension extends the graduated license's provisional stage.^[38]
• Getting the license back. The Secretary of State may re-examine a driver before reissuing a license, and a $125 reinstatement fee applies.^[39][40]

Common misunderstandings

• "A first OWI is 30 days hard and 150 days restricted." The statute says a 180-day suspension, with no restricted license during the first 30 days; it does not say "150."^[2]
• "The license comes back on its own after a revocation." The minimum period only opens the door; after a repeat-conviction revocation the driver must then rebut the habitual-offender presumption by clear and convincing evidence.^[6][7]
• "Points expire, so the OWI disappears from the record." Points stay for two years from conviction, according to the Secretary of State, but each abstract is entered on the master driving record, and courts may not order expunction of reportable violations except as the Vehicle Code provides.^[41][42][43]
• "There is still a $1,000 driver responsibility fee." Those fees ended in 2018.^[44] See driver responsibility fees.

Notices from the Secretary of State are sent to the address on its records, and mailed notice is complete 5 days after mailing, so keeping that address current matters.^[45]