Under-21 Drinking and Driving in Michigan: A Guide for Parents

Michigan treats drinking and driving by anyone under 21 more strictly than it treats adults. A driver under 21 commits the "zero tolerance" offense with an alcohol content of 0.02 up to 0.08, or with any alcohol in the body from drinking other than as part of a recognized religious service or ceremony.^[1] At 0.08 or more the reading meets one of the definitions of the general OWI offense that applies to adult drivers.^[11] This page is for parents trying to understand what a son or daughter is facing; each offense has its own detailed guide, linked below.

The under-21 offenses side by side

A young driver can face more than one of these laws from the same night, and they carry different consequences.

Offense	Court penalty	License and points
Zero tolerance, first offense (MCL 257.625(6))	Misdemeanor: up to 360 hours of community service and/or a fine of up to $250; no jail.[2]	30-day suspension, with a restricted license possible for all or part of it; 4 points.[3][4]
Zero tolerance with a prior within 7 years	One or more of: up to 93 days in jail, up to 60 days of community service, a fine of up to $500.[12]	90-day suspension if the prior was a zero-tolerance conviction, and the subdivision does not authorize a restricted license;[13] a prior adult OWI-type conviction within 7 years instead brings mandatory revocation.[14]
Refusing the roadside breath test (non-commercial driver)	Civil infraction, not a crime.[15]	2 points for a driver under 21.[16]
Minor in possession, first violation (MCL 436.1703)	Civil infraction, fine up to $100, since January 1, 2018.[5]	The Secretary of State's offense table lists no licensing action for a second or later MIP since October 1, 2021.[17]
Minor in possession, second or third	Misdemeanor: up to $200, or up to $500 after 2 or more prior judgments, with jail only on listed findings.[18]	As above.[17]
Under-21 transport or possession of alcohol in a vehicle (MCL 257.624b)	Separate offense; see the open-container guide.	2 points; a suspension only with a prior 624a or 624b conviction.[19][20]

The details are in The under-21 zero tolerance law, Minor in possession and Open container law.

Breath tests: two different rules

A parent told that a teenager "refused the breath test" may not know which test was meant. Refusing a preliminary breath test at the roadside is a civil infraction for drivers who are not in a commercial vehicle.^[15] For a driver under 21, that refusal also costs 2 points.^[16] The minor-in-possession law has its own rule: if a minor does not consent to a preliminary breath test, it may not be given without a court order, although police may seek one.^[21] The two rules belong to different statutes and should not be mixed up.

The evidential breath or blood test after an arrest is different again. Refusing it brings a 1-year license suspension, or 2 years for a second refusal within 7 years, unless a hearing is requested and won.^[22][23] That is explained in Refusing a breath or blood test.

Marijuana and young drivers

Michigan's Vehicle Code makes it a crime to drive with any amount of a Schedule 1 controlled substance in the body, whether or not the driver is impaired, and marijuana remains on Michigan's Schedule 1 list.^[24][25] In People v Perry (2021), the Court of Appeals held that the recreational marijuana law did not remove criminal penalties for drivers under 21 who drive with marijuana in their system.^[26] See Marijuana and driving.

The graduated license

For a teen in Michigan's graduated licensing program, a license suspension (other than for a disability) or a moving-violation conviction extends the Level 1 or Level 2 provisional period.^[27] The teen must then complete 90 consecutive days (Level 1) or 12 consecutive months (Level 2) without a violation or suspension, or reach age 18.^[27] So a zero-tolerance suspension can delay a full license beyond the suspension itself.

How it can affect a later case

A zero-tolerance conviction is not a one-time event on the record. The Court of Appeals has noted that the Legislature chose to count zero-tolerance convictions as prior convictions for OWI enhancement.^[7] Except when enhancing a later under-21 offense, only one zero-tolerance conviction may be used as a prior.^[6] One zero-tolerance conviction plus one OWI-type conviction within 7 years brings mandatory license revocation.^[14] Under the Vehicle Code, a juvenile adjudication counts as a "conviction".^[28] How priors are counted is set out in How prior OWI convictions are counted.

Pleas, HYTA and "keeping it off the record"

Three rules limit what can be done with the charge:

• When a person is charged with OWI or certain related offenses, the court may not accept a plea to zero tolerance in exchange for dismissing the original charge, although it may dismiss on the prosecutor's motion.^[29]
• Holmes Youthful Trainee Act status, available for some offenses committed between ages 18 and 25, does not apply to a Vehicle Code traffic offense that is a misdemeanor or felony.^[30]
• A court may not take a reportable driving offense "under advisement" or mask it, and the conviction must be reported to the Secretary of State.^[31]

The long-term record

Michigan's set-aside law allows one "first violation operating while intoxicated offense" to be set aside, and that definition includes a zero-tolerance violation under MCL 257.625(6) committed by someone with no prior section 625 conviction.^[8][32] The application can be filed only 5 or more years after sentence, probation or any imprisonment ends, whichever is last.^[9] Even then, a set-aside order must not require removal of the conviction from the Secretary of State driving record.^[10] The Secretary of State's driver manual says impaired-driving convictions remain on the driving record permanently.^[33] The process is explained in Setting aside an OWI conviction.

Car insurance is also affected. A person convicted under section 625 of the Vehicle Code in the preceding 3 years is not an "eligible person" for auto insurance, so the usual protection against refusal to insure does not apply during that period; the zero-tolerance offense is part of section 625.^[34][1] More is in OWI and car insurance.

Parents' own legal exposure

Parents sometimes face consequences of their own:

• An owner may not knowingly let a person who is under the influence, or at 0.08 or more, drive the owner's vehicle.^[35]
• An owner is civilly liable for injuries caused by negligent driving of the owner's car with consent, and consent is presumed when the driver is the owner's son or daughter.^[36]
• A person who is not a licensed seller and who knowingly furnishes alcohol to a minor commits a misdemeanor, and a felony punishable by up to 10 years if the minor's drinking is a direct and substantial cause of the minor's death.^[37]

If drinking or drug use is part of the picture, the court must order a screening and assessment before sentencing in every zero-tolerance or OWI case.^[38] The SAMHSA National Helpline, 1-800-662-4357, is a free, confidential referral line for individuals and family members, open 24 hours a day.^[39] More resources are in Getting help for alcohol or drug use.