Michigan's Zero-Tolerance Law for Drivers Under 21

Michigan's zero-tolerance law makes it an offense for a person under 21 to drive with "any bodily alcohol content."^[1] The statute defines that as either an alcohol content of 0.02 or more but less than 0.08, or any presence of alcohol in the body from drinking, other than drinking as part of a generally recognized religious service or ceremony.^[1] A first conviction is a misdemeanor with community service and a fine of up to $250, plus a 30-day license suspension and 4 points.^[2][3][4] This page explains the offense, the penalties, the roadside test rules for young drivers, and how the offense connects to minor in possession.

What "any bodily alcohol content" means

The offense is in MCL 257.625(6). It applies to a person under 21, licensed or not, who operates a vehicle on a highway or other place open to the general public or generally accessible to motor vehicles, including parking areas, with any bodily alcohol content.^[1] The definition has two parts.^[1]

• A measured alcohol content of 0.02 grams or more but less than 0.08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.^[1]
• Any presence of alcohol in the body resulting from drinking alcoholic liquor, other than as part of a generally recognized religious service or ceremony.^[1]

The second part means a measured number below 0.02 does not automatically end the question if there is other evidence of alcohol in the body from drinking.^[1] The religious-ceremony exception has a burden attached: the defendant must prove, by a preponderance of the evidence, that the drinking was part of a generally recognized religious service or ceremony.^[7]

The zero-tolerance range stops below 0.08.^[1] At 0.08 or more, the adult OWI law applies, because MCL 257.625(1) covers any "person, whether licensed or not."^[8][9] A young driver at that level can face the adult penalties described in first-offense OWI penalties. The 0.08 limit has no fixed end date in current law.^[10]

Penalties

Situation	Criminal penalty	License (Secretary of State)
First zero-tolerance conviction	Misdemeanor: up to 360 hours of community service and/or a fine up to $250[2]	30-day suspension; restricted license possible for all or part[3]
Within 7 years of 1 or more priors	Up to 60 days of community service, a fine up to $500 and/or up to 93 days in jail[11]	With a prior zero-tolerance conviction: 90-day suspension, and the subdivision does not authorize a restricted license[12]; with a prior adult OWI-type conviction: revocation[13]
With a passenger under 16, no prior within 7 years and fewer than 2 priors in all	Misdemeanor: up to 60 days of community service, a fine up to $500 and/or up to 93 days in jail[14]	See the child-endangerment page

A zero-tolerance conviction carries 4 points on the driving record.^[4] Before sentencing, the court must order a substance-abuse screening and assessment, as it must for OWI, OWVI and the other section 625 offenses listed in MCL 257.625b(5).^[15] The court may also order the costs of prosecution, and community service is unpaid with supervision costs reimbursed by the person.^[16][17]

For a teen in Michigan's graduated licensing program, any license suspension (other than for a disability) extends the provisional stage, and the Secretary of State notifies a designated parent.^[18] See under-21 drivers: a guide for parents.

The roadside breath test (PBT) for drivers under 21

An officer may require a preliminary breath test from a driver under 21 on reasonable cause to believe the person was operating a vehicle with any bodily alcohol content.^[19] That trigger is lower than the adult standard, which asks whether alcohol or drugs may have affected the ability to operate the vehicle.^[19]

Refusing a lawful request for the roadside test is a civil infraction, for drivers under 21 as for adults, unless the person was operating a commercial vehicle.^[5] A common myth is that an under-21 refusal is a misdemeanor; only commercial-vehicle drivers commit a misdemeanor by refusing a PBT.^[5][20] For a driver under 21, the refusal also carries 2 points.^[6] The separate chemical test at the station is governed by the implied consent law, which applies after an arrest for the under-21 offense too.^[21] See the roadside preliminary breath test and Michigan's implied consent law.

A different rule applies outside of driving. Under the minor-in-possession statute, if a minor does not consent to a preliminary breath test, the test may not be given without a court order, though police may seek one.^[22] That rule belongs to the liquor law, not the driving PBT rule.^[22][5]

Prior convictions and plea limits

A zero-tolerance conviction is not only a young driver's problem; it can follow the person into adulthood. The Legislature chose to count zero-tolerance convictions as prior convictions for OWI enhancement, with the limit that only one of them may be used, except when enhancing a later under-21 offense.^[23][24] Juvenile adjudications are "convictions" under the Vehicle Code's general definition.^[25] A zero-tolerance conviction and one adult OWI-type conviction within 7 years require license revocation.^[13]

The zero-tolerance offense also cannot be used as a bargaining substitute for a more serious charge. When someone is charged with OWI or the related offenses listed in MCL 257.625(16), the court may not accept a plea to zero tolerance in exchange for dismissing the original charge, though the court may dismiss on the prosecutor's motion.^[26] And a court may not accept a plea to open intoxicants from a person charged only with zero tolerance.^[27]

Related offenses for young people

• Alcohol in the vehicle. A person under 21 may not knowingly transport or possess alcohol in a motor vehicle, with exceptions for certain liquor-industry employment and for transporting alcohol when a person 21 or older is present; a violation is a misdemeanor.^[28] See open containers in a vehicle.
• Minor in possession. Since 1 January 2018, a first MIP violation is a state civil infraction with a fine of up to $100.^[29] Prior OWI and zero-tolerance convictions count as "prior judgments" for later MIP enhancement.^[30] See minor in possession of alcohol.
• Marijuana. Drivers under 21 do not have the protection of the recreational marijuana law against prosecution under the Schedule 1 drug provision.^[31] See marijuana and driving.
• Snowmobiles and ORVs. These have their own under-21 rules, whose text still contains an "October 1, 2018" date that the Vehicle Code no longer uses.^[32] See snowmobiles, ORVs and other vehicles.

Records

A zero-tolerance conviction is a violation of section 625 and goes on the driving record like other reportable offenses.^[4][33] A court may not take it under advisement or mask it.^[34] Holmes Youthful Trainee Act status is not available for Vehicle Code traffic offenses that are misdemeanors or felonies.^[35] For questions about later set-aside, see who is eligible to set aside an OWI.