Michigan OWI Laws: Penalties, BAC Limit & License (2026)

In Michigan the offense is called operating while intoxicated (OWI), and MCL 257.625 makes it unlawful to operate a vehicle with a blood alcohol concentration (BAC) of 0.08 percent or more. A first OWI is a misdemeanor punishable by up to 93 days in jail, a fine of $100 to $500, and a 180-day license suspension.

This guide is part of our DUI Laws by State series.

What counts as an OWI in Michigan

Michigan's drunk-driving statute, MCL 257.625, makes it unlawful to operate a vehicle while intoxicated. The law can be proven two ways: by showing a BAC of 0.08 grams or more per 100 milliliters of blood (or the breath and urine equivalents), or by showing that alcohol or another substance substantially affected the driver's ability to operate safely. Michigan also charges a lesser offense, operating while visibly impaired (OWVI), for impairment that falls short of intoxication. A separate high-BAC tier applies at 0.17 percent or more, often called the "super drunk" law. Commercial drivers face a 0.04 percent limit, and drivers under 21 fall under the zero-tolerance rule in MCL 257.625(6), which bars operating with any bodily alcohol content. That term is defined two ways: a BAC of 0.02 percent or more but less than 0.08 percent, or any presence of alcohol in the body from consuming alcoholic liquor, other than as part of a generally recognized religious service or ceremony. Because the second definition has no numeric floor, a driver under 21 can be charged on a reading below 0.02 percent. The 0.08 figure is the federal benchmark adopted by every state except Utah, which uses 0.05 percent, as the National Highway Traffic Safety Administration describes.

First-offense OWI penalties in Michigan (jail, fines, suspension)

A first OWI under MCL 257.625(9)(a) is a misdemeanor punishable by up to 93 days in jail, a fine of $100 to $500, and up to 360 hours of community service. The conviction adds 6 points to the driving record and triggers a 180-day license suspension, with restricted driving allowed after the first 30 days, as the Michigan Secretary of State administers. If the BAC was 0.17 percent or more, the high-BAC tier raises the maximum jail term to 180 days, the fine to $200 to $700, and the suspension to one year with no driving for the first 45 days, plus a mandatory ignition interlock device on any restricted license. A statutory driver responsibility assessment that once added large annual fees has been repealed, but reinstatement fees still apply.

Watch out: The Secretary of State license sanction and the criminal court case are separate. The license suspension follows the conviction, but a chemical-test refusal triggers its own one-year suspension through an implied consent action even if the criminal charge is later reduced or dismissed.

Ignition interlock requirements in Michigan

Michigan does not require an ignition interlock device on every first OWI. Under MCL 257.625, the court may order an interlock as a condition of probation, but it is not automatic for a standard first offense. The device becomes mandatory in two main situations. First, a high-BAC "super drunk" first offender who wants a restricted license during the one-year suspension must install a breath alcohol ignition interlock device (BAIID). Second, repeat offenders who obtain a restricted license through the Secretary of State or the Driver Assessment and Appeal Division must use the device, as the Michigan Secretary of State describes. The BAIID requires a clean breath sample before the engine starts and at random points while driving, and it reports any failed or missed tests.

License suspension and the administrative process in Michigan

Michigan handles license sanctions mainly through the Secretary of State after a conviction, plus a separate implied consent action for refusals. For a standard first OWI, the Secretary of State imposes a 180-day suspension, with eligibility for a restricted license after the first 30 days, as the Michigan Secretary of State explains. A high-BAC first offense carries a one-year suspension with no driving for the first 45 days and a mandatory interlock for any restricted license. Unlike states with an immediate arrest-based administrative suspension, Michigan's main suspension flows from the court abstract of conviction. The big exception is a chemical-test refusal: that triggers a one-year suspension under the implied consent law, separate from the criminal case, which a driver can contest at an implied consent hearing or by petitioning a circuit court for a restricted license.

Repeat offenses and the Michigan look-back period

Michigan uses a 7-year look-back period for a second-offense enhancement. Under MCL 257.625(9)(b), a second OWI within 7 years of a prior conviction carries a mandatory minimum of 5 days in jail (up to one year) or 30 to 90 days of community service, a fine of $200 to $1,000, and a longer license revocation. The 7-year window resets the second-offense trigger, but it does not protect a driver from a felony. A third OWI is a felony under MCL 257.625(9)(c), and prior convictions count toward that felony with no time limit since the felony enhancement is not subject to the 7-year washout. A third OWI is punishable by 1 to 5 years in prison, or 30 days to one year in jail plus 60 to 180 days of community service, and a $500 to $5,000 fine. Operating while intoxicated causing serious injury or death is a felony regardless of offense number.

Watch out: Refusing the breath or blood test does not protect your license. A first refusal under implied consent triggers a one-year license suspension, and officers can still obtain a warrant to draw blood, so the refusal often adds a suspension on top of the criminal case.

Refusing a breath or blood test in Michigan

Michigan's implied consent law means that by driving in the state you have agreed to submit to a chemical test if arrested for OWI. According to the Michigan Secretary of State, refusing the test results in a one-year license suspension for a first refusal, and a two-year suspension for a second refusal within 7 years. This implied consent suspension is administrative and is separate from the criminal OWI case, so a driver can be acquitted of OWI and still face the refusal suspension. A driver who refuses generally has a short window to request an implied consent hearing, and if the suspension stands, may petition a circuit court for a restricted license with an interlock. A preliminary roadside breath test is different from the evidentiary test and carries a smaller civil penalty.

Can you expunge or seal an OWI in Michigan

For most of Michigan's history, an OWI conviction could not be expunged at all. That changed under the Clean Slate expansion that took effect in early 2022, which lets a person petition to set aside one OWI or OWVI conviction. The relief is narrow: only one drunk-driving offense can ever be expunged in a lifetime, the offense must not have caused serious injury or death, and it generally cannot have involved a commercial driver license. The person must wait five years from sentencing or release and stay conviction-free, and the court has discretion to grant or deny the petition. A set-aside OWI is removed from the public record, but it can still be considered for licensing and for future enhancement purposes in some situations. Because eligibility is strict, many people confirm it with a Michigan attorney before filing.

What to do after an OWI arrest in Michigan

A Michigan OWI generates a criminal case in district court and, if you refused the chemical test, a separate implied consent license matter. Because the implied consent suspension can attach quickly, a common first step for a driver who refused is to request the implied consent hearing within the short statutory window, since missing it generally locks in the one-year suspension. The criminal case proceeds on its own schedule from arraignment through plea or trial. General information cannot tell you how your case will come out, since the outcome depends on the specific facts, the evidence, and your record. If you refused the test, get a free consultation from a Michigan OWI lawyer on requesting the implied consent hearing in time (attorney advertising). Keep the citation, any paperwork from the arrest, and the chemical test results in a safe place.

More Michigan Laws

• Michigan Expungement Laws
• Michigan Warrant Search

Frequently Asked Questions

What is the BAC limit in Michigan?

The per se limit is 0.08 percent BAC under MCL 257.625. A separate high-BAC tier applies at 0.17 percent or more. Commercial drivers are limited to 0.04 percent, and drivers under 21 face zero tolerance under MCL 257.625(6), which covers a BAC of 0.02 percent or more and also any presence of alcohol from drinking, other than as part of a generally recognized religious service or ceremony.

How long do you lose your license for a first OWI in Michigan?

A standard first OWI carries a 180-day license suspension, with restricted driving allowed after the first 30 days. A high-BAC (0.17 percent or more) first offense carries a one-year suspension with no driving for the first 45 days and a mandatory interlock for any restricted license.

Is a first OWI a felony in Michigan?

No. A first OWI is a misdemeanor punishable by up to 93 days in jail. OWI becomes a felony at the third offense under MCL 257.625, or sooner if it causes serious injury or death.

What is the super drunk law in Michigan?

Michigan's high-BAC law applies when the BAC is 0.17 percent or more. It raises the maximum jail term to 180 days, the fine to $200 to $700, and the suspension to one year, and it requires an ignition interlock device for any restricted license.

Do you need an interlock for a first OWI in Michigan?

Not for a standard first offense, though a court may order one as a probation condition. An ignition interlock is mandatory for a high-BAC first offender seeking a restricted license and for repeat offenders who obtain a restricted license.

What happens if you refuse a breathalyzer in Michigan?

Under implied consent, refusing the chemical test triggers a one-year license suspension for a first refusal, separate from the criminal case. A second refusal within 7 years brings a two-year suspension, and officers can seek a warrant for a blood draw.

How long does an OWI stay on your record in Michigan?

An OWI conviction stays on the record, but since 2022 one OWI can be set aside under Clean Slate after five years if it caused no injury and was not a commercial offense. For felony enhancement, a prior OWI counts with no time limit.

What is the look-back period for OWI in Michigan?

Michigan uses a 7-year look-back for a second-offense enhancement, measured from the prior conviction to the new arrest. For a third-offense felony, prior OWIs count with no time limit, so old convictions can still raise a new charge to a felony.