OWI Penalties and Repeat Offenses in Michigan

A first OWI conviction (0.08 or more, or under the influence) is a misdemeanor, and jail is not required: 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. The Secretary of State separately suspends the license for 180 days, with a restricted license possible after 30 days, and adds 6 points.

Under MCL 257.625(9)(a), the court may impose one or more of these: up to 360 hours of community service, up to 93 days in jail, and a fine of $100 to $500, plus the costs of prosecution under subsection (13). Because the statute says one or more, jail is not required. The license consequence is separate and automatic. Under MCL 257.319(8)(a), the Secretary of State suspends the license for 180 days when there is no prior conviction within 7 years and may issue a restricted license after the first 30 days. Under subsection (11), that suspension applies notwithstanding a court order unless the order complies with MCL 257.323. Six points are added under MCL 257.320a, and the court may order immobilization for up to 180 days under MCL 257.904d(1)(a). A reading of 0.17 or more, a prior conviction within 7 years, an injury, or a child passenger moves the case into a different range. A first conviction also counts as a prior later: it raises a second OWI within 7 years, and it counts toward a third OWI no matter how old it is. This is general information, and the outcome depends on your facts and record.

Authority: MCL 257.625; MCL 257.319; MCL 257.320a; MCL 257.904d. Reviewed Oct. 2026.

A second OWI within 7 years of a prior conviction carries a $200 to $1,000 fine plus at least one of 5 days to 1 year in jail or 30 to 90 days of community service. Jail under this tier cannot be suspended unless the defendant completes a specialty court program. Immobilization of 90 to 180 days is required unless the vehicle is forfeited or an exception applies, and the license is revoked, with two restricted-license routes.

MCL 257.625(9)(b) applies when the violation occurs within 7 years of a prior conviction. The statute measures from the prior conviction to the new violation, so both dates matter. The court must impose a $200 to $1,000 fine and one or more of 5 days to 1 year in jail or 30 to 90 days of community service, and under subsection (9)(d) jail must not be suspended unless the defendant completes a specialty court program. Under MCL 257.904d(1)(c), 90 to 180 days of immobilization is required unless the vehicle is forfeited under section 625n (subsection (7) excepts some vehicles, such as rental vehicles and vehicles registered in another state), and a specialty court interlock participant in good standing may be exempt under MCL 257.304(11). Two convictions within 7 years call for revocation under MCL 257.303(2)(c), for at least 1 year, or at least 5 years if it follows an earlier revocation or denial within 7 years (subsection (4)(a)). Regaining a license also requires rebutting the habitual-offender presumption (subsection (4)(b)). There are two restricted-license routes. MCL 257.304 allows one after 45 days if a specialty court judge certifies admission to an interlock program. After the minimum revocation period, a hearing officer may issue one with an interlock under MCL 257.322(6). If the prior is older than 7 years, the first-offense range applies, but that prior still counts toward a third offense.

Authority: MCL 257.625; MCL 257.904d; MCL 257.303; MCL 257.304; MCL 257.322. Reviewed Oct. 2026.

Yes. A third OWI conviction is a felony no matter how many years passed since the earlier convictions. The court must impose a fine of $500 to $5,000 and either 1 to 5 years in prison, or probation with 30 days to 1 year in jail and 60 to 180 days of community service. At least 48 hours of the jail time must be served consecutively.

MCL 257.625(9)(c) applies after 2 or more prior convictions, regardless of the number of years since any prior conviction, so two convictions from decades ago still make a new OWI a felony. The court must impose a fine of $500 to $5,000 plus either prison for 1 to 5 years, or probation with county jail of 30 days to 1 year and community service of 60 to 180 days, with at least 48 hours of jail served consecutively. Probation is an option, but under subsection (9)(d) a jail or prison term must not be suspended unless the defendant agrees to and completes a specialty court program. Under MCL 257.904d(1)(d), immobilization of 1 to 3 years is required unless the vehicle is forfeited or excepted under subsection (7), as a rental vehicle is. The prosecutor must list the prior convictions in the complaint and information under subsection (15). Because a third OWI is a felony, the prosecutor may file a habitual offender notice under MCL 769.10 to 769.13 if the defendant has a prior felony conviction. The notice is due within 21 days after arraignment on the information, and for a second felony the maximum can reach 1-1/2 times the longest first-conviction term. Whether that enhancement applies to a given OWI case is a legal question that turns on the prior convictions and the notice.

Authority: MCL 257.625; MCL 257.904d; MCL 769.10; MCL 769.13. Reviewed Oct. 2026.

A reading of 0.17 or more is a separate offense under MCL 257.625(1)(c). On a first offense, the jail maximum rises from 93 to 180 days and the fine range becomes $200 to $700. With no prior conviction within 7 years, or no more than 2 within 10 years, the license is suspended for one year, with no restricted license during the first 45 days, and any restricted license requires an ignition interlock device. A second conviction within 7 years brings revocation under MCL 257.303 instead.

Subsection (1)(c) of MCL 257.625 covers 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. For a first conviction under subsection (9)(a), the court may impose up to 180 days in jail instead of 93, a fine of $200 to $700 instead of $100 to $500, and up to 360 hours of community service. With a prior conviction within 7 years, the second-offense range in subsection (9)(b) applies instead. MCL 257.319(8)(g) sets a one-year suspension, with no restricted license during the first 45 days, for a person with no prior conviction within 7 years or not more than 2 within 10 years (a second conviction within 7 years, or a third within 10 years, calls for revocation under MCL 257.303(2)(c) and (g) instead), and subsection (8)(h) conditions any restricted license on an ignition interlock device. Under subsection (8)(i), if the driver violates the restricted license conditions or operates or tries to operate with a breath alcohol level of 0.025 or more, the Secretary of State imposes an additional like period of suspension and restriction. Limited start-up and retest failures are excepted. A 0.17 reading combined with a prior conviction within 7 years also raises the maximum in death and serious-injury cases, covered separately. The number still has to be reliable, and MCL 257.625a(6)(a) only presumes it matches the level at the time of driving, so the timing of the test can be challenged.

Authority: MCL 257.625; MCL 257.319; MCL 257.303; MCL 257.625a. Reviewed Oct. 2026.

Yes. MCL 257.625(1)(a) prohibits operating while under the influence of alcohol, a controlled substance, or another intoxicating substance, and it contains no number. The 0.08 level is a separate route under subsection (1)(b). A prosecutor can use driving, observations, and other evidence to try to prove impairment even when a chemical result is below 0.08.

MCL 257.625(1) defines operating while intoxicated three ways. Subdivision (a) is being under the influence of alcohol, a controlled substance, other intoxicating substance, or a combination. Subdivision (b) is an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. Subdivision (c) is 0.17 or more. Subsection (7) of MCL 257.625a says the chemical testing rules do not limit other admissible evidence on whether the person was impaired by or under the influence of alcohol or drugs. A conviction under subdivision (a) has the same first-offense penalty range as one under subdivision (b), and the 6 points apply. A person under 21 can be charged with a lower threshold under subsection (6), and drivers of commercial vehicles face a 0.04 limit under MCL 257.625m. A result under 0.08 is a fact to weigh, along with the video, the roadside tests, and the timing of the test.

Authority: MCL 257.625; MCL 257.625a; MCL 257.320a; MCL 257.625m. Reviewed Oct. 2026.

OWVI is operating while visibly impaired under MCL 257.625(3). A first conviction is a misdemeanor with up to 93 days in jail, up to 360 hours of community service, and a fine of up to $300. The license is suspended for 90 days (180 days if the impairment is from a controlled substance, alone or combined with alcohol), with 4 points. A repeat OWVI is punished like a repeat OWI.

Subsection (3) prohibits operating when, due to alcohol, a controlled substance, or another intoxicating substance, the person's ability to operate is visibly impaired. It is also a fallback: if a person is charged under subsection (1), a finding of guilty under subsection (3) may be rendered. For a first conviction under MCL 257.625(11)(a), the court may impose up to 360 hours of community service, up to 93 days in jail, and a fine of up to $300. The step-up is the same as for OWI. Within 7 years of one prior conviction, subsection (11)(b) requires a fine of $200 to $1,000 plus 5 days to 1 year in jail or 30 to 90 days of community service, and after 2 or more priors, subsection (11)(c) makes it a felony. MCL 257.319(8)(b) provides a 90-day suspension, or 180 days if the impairment is from a controlled substance or a combination of alcohol and a controlled substance, with a restricted license possible. The conviction carries 4 points under MCL 257.320a. OWVI counts as a prior conviction for later OWI charges, so a reduction helps the first sentence but not the lookback.

Authority: MCL 257.625; MCL 257.319; MCL 257.320a. Reviewed Oct. 2026.

If a passenger is under 16, MCL 257.625(7)(a) makes OWI a misdemeanor with a fine of $200 to $1,000 and one or more of up to 1 year in jail or 30 to 90 days of community service. It becomes a felony within 7 years of a prior conviction or after two or more priors, with 1 to 5 years in prison, or probation with jail and community service.

MCL 257.625(7)(a) prohibits operating a vehicle in violation of subsection (1), (3), (4), (5), or (8) while another person who is less than 16 years of age is occupying the vehicle. Under (7)(a)(i), a first violation is a misdemeanor and the court must impose a fine of $200 to $1,000 and one or more of up to 1 year in jail or community service of 30 to 90 days. Under (7)(a)(ii), a violation within 7 years of a prior conviction or after 2 or more priors is a felony, with a fine of $500 to $5,000 and either 1 to 5 years in prison, or probation with 30 days to 1 year in jail and 60 to 180 days of community service, with at least 48 hours of jail served consecutively. Subdivision (7)(b) covers a person under 21 driving with any bodily alcohol content with a child passenger. Under MCL 257.319(8)(e), when there is no prior conviction within 7 years, the license is suspended for 180 days, with a restricted license possible after the first 90 days. The court may order immobilization for the misdemeanor tier and must for the felony tier, unless the vehicle is forfeited. A person can also be charged separately with an injury offense committed during the same drive.

Authority: MCL 257.625; MCL 257.319. Reviewed Oct. 2026.

For a commercial motor vehicle, MCL 257.625m prohibits an alcohol content of 0.04 or more but less than 0.08. At 0.08 or more, the regular OWI statute, MCL 257.625(1), applies. A first conviction is a misdemeanor punishable by up to 93 days or a fine of up to $300. Within 7 years of one prior conviction the maximum is 1 year or $1,000, and within 10 years of two or more priors it is a felony.

MCL 257.625m(1) applies to a person, whether licensed or not, who has an alcohol content of 0.04 grams or more but less than 0.08 per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine and operates a commercial motor vehicle in Michigan. A first conviction is a misdemeanor punishable by up to 93 days or a fine of up to $300 (subsection (3)). Subsection (4) allows up to 1 year or $1,000 within 7 years of one prior conviction, and subsection (5) makes it a felony within 10 years of two or more priors. At 0.08 or more, a commercial driver can be charged under MCL 257.625(1) like any other driver. The suspension under MCL 257.319(8)(f) is 90 days when there is no prior conviction within 7 years, and a restricted license cannot permit operating a commercial motor vehicle (MCL 257.319(15)). A commercial license holder faces more. Under MCL 257.319b(1)(c), a conviction for an OWI-type offense under section 625 or 625m in any vehicle, commercial or personal, suspends all commercial group designations for 1 year, or 3 years if a commercial vehicle was carrying placarded hazardous material, and a chemical test refusal counts too. A second such violation from a separate incident brings revocation for life, with reissue possible only after at least 10 years and approval (subsection (1)(e)). A violation of section 625m itself carries no points (MCL 257.320a(2)).

Authority: MCL 257.625m; MCL 257.319; MCL 257.319b; MCL 257.320a; MCL 257.625. Reviewed Oct. 2026.

MCL 257.625(6) bars anyone under 21 from driving with any bodily alcohol content, meaning 0.02 to under 0.08 or any alcohol from drinking. A first conviction is a misdemeanor with up to 360 hours of community service and a fine of up to $250. The license is suspended for 30 days, with a restricted license possible, and the conviction carries 4 points.

Subsection (6) defines any bodily alcohol content as 0.02 grams or more but less than 0.08, or any presence of alcohol from drinking other than as part of a recognized religious service or ceremony. Under subsection (23), a defendant who claims the religious exception must prove it by a preponderance of the evidence. For a first conviction under MCL 257.625(12)(a), the court may impose up to 360 hours of community service and a fine of up to $250. Within 7 years of one or more priors, subsection (12)(b) allows up to 60 days of community service, a fine of up to $500, and up to 93 days in jail. MCL 257.319(8)(c) provides a 30-day suspension for a first violation, with a restricted license possible, and (8)(d) provides 90 days with a prior zero-tolerance conviction within 7 years. The offense carries 4 points. If a person is charged with OWI, subsection (16) bars a plea to the zero-tolerance offense in exchange for dismissal of the original charge, though the prosecutor can move to dismiss. A driver under 18 generally falls within the family division's juvenile jurisdiction for a law violation (MCL 712A.2(a)(1)), with exceptions, so the court and process depend on the driver's age and the charge.

Authority: MCL 257.625; MCL 257.319; MCL 257.320a; MCL 712A.2. Reviewed Oct. 2026.

Prior convictions include OWI, OWVI, commercial-vehicle alcohol, certain manslaughter and negligent homicide convictions from driving, and equivalent convictions under local ordinances, federal law, or other states. A conviction reduced to OWVI still counts. Convictions from the same transaction count once, and only one underage zero-tolerance conviction counts in most situations.

MCL 257.625(25)(b) defines prior conviction. It includes a violation or attempted violation of section 625 except subsection (2), which means OWI, OWVI, and the other subsections, so a plea reduced to OWVI still counts. It also includes prior versions of the section, section 625m, former section 625b, negligent homicide, manslaughter, or murder from operating a vehicle, and sections 601d and 626(3) or (4), whether the conviction is under Michigan law, a corresponding ordinance, federal law, or another state's law. Under subsection (26), only one underage zero-tolerance conviction under subsection (6) may be used as a prior, except for the enhancement in subsection (12)(b). Under subsection (27), convictions from the same transaction count as one. The prosecutor must list priors on the complaint and information under subsection (15), and a prior is proven at sentencing by a judgment, abstract, transcript, register of actions, driving record, presentence report, or the defendant's admission under subsection (17). The other law has to substantially correspond to a Michigan one, so the elements of the out-of-state offense and the records used to prove each prior must be compared.

Authority: MCL 257.625. Reviewed Oct. 2026.

A conviction under MCL 257.625(1), (4), (5), (7), or (8) adds 6 points. OWVI and the under-21 zero-tolerance offense carry 4 points. A license suspension for refusing a chemical test adds 6 points. If several convictions arise from the same incident, points are entered only for the offense with the highest points.

MCL 257.320a(1)(c) assigns 6 points to a violation of section 625(1), (4), (5), (7), or (8) or a corresponding law or ordinance. Subdivision (1)(i) assigns 4 points to a violation of section 625(3) (OWVI) or (6) (zero tolerance). Under subsection (8), the Secretary of State enters 6 points on the record of a person whose license is suspended or denied under section 625f for refusing a chemical test, though if a conviction results from the same incident, additional points for that offense are not entered. Under subsection (5), when more than one conviction results from the same incident, points are entered only for the violation that receives the highest number. Under subsection (2), no points are entered for a violation of section 625m. Points are one part of the picture; the length of a suspension or revocation comes from MCL 257.319 and MCL 257.303. At 9 points the Secretary of State may call you in for an interview, and failing to appear adds 3 points (subsection (6)).

Authority: MCL 257.320a. Reviewed Oct. 2026.

Michigan requires an interlock for a restricted license after a high-BAC (0.17 or more) conviction under MCL 257.319(8)(h), for the specialty court program under MCL 257.304, and for a hearing officer restricted license under MCL 257.322(6). A court may also order one as a condition of probation under MCL 257.625(24). The device prompts retests while the vehicle is in use, and a reading of 0.025 or more or a missed retest triggers a warning and keeps the vehicle from restarting.

Four provisions drive most interlock orders. First, MCL 257.319(8)(h) orders a person convicted of violating section 625(1)(c) not to operate under a restricted license unless the vehicle has an approved interlock device. The device may be removed after the provider verifies the driver operated the vehicle with no instances of reaching or exceeding 0.025 grams per 210 liters of breath. Certain start-up test failures and quickly cleared retest failures listed in the statute do not prevent removal. Second, MCL 257.304(2) requires an installed interlock on each vehicle owned or operated by a person in the specialty court interlock program after repeat convictions. Third, MCL 257.625(24) lets a court order, as a condition of probation, that a person convicted of violating subsection (1) or (8) not operate a vehicle without an interlock. Fourth, a Secretary of State hearing officer who issues a restricted license to a person revoked under section 303(2)(c), (d), or (g) must require an interlock on each vehicle the person owns or intends to operate, with an initial period of at least 1 year (MCL 257.322(6), (9)). Under MCL 257.625k(5)(a), approved devices prompt retests while the vehicle is in use, and a reading of 0.025 grams per 210 liters of breath or more, or a missed retest, produces a warning and keeps the vehicle from being restarted until the driver gives a passing sample. Under MCL 257.625k(5)(c), manufacturers must provide a device at no cost to a person whose gross income the prior tax year was under 150 percent of the federal poverty line, with a maintenance fee to the installer of not more than $2.00 per day.

Authority: MCL 257.319; MCL 257.304; MCL 257.625; MCL 257.625k; MCL 257.322. Reviewed Oct. 2026.

Under MCL 257.625l, tampering with or circumventing the device, asking another person to blow into it so you can drive, or blowing into someone else's device are misdemeanors punishable by up to 6 months in jail or a $5,000 fine. Driving a vehicle without a required device is also covered, and an officer must impound that vehicle.

MCL 257.625l(2) prohibits a person who may operate only a vehicle with an interlock from operating a vehicle without a properly installed device. Subsection (3) prohibits a person with an installed device and restricted driving privilege from requesting, soliciting, or allowing another person to blow into the device or start the vehicle to give them an operable vehicle. Subsection (4) prohibits anyone from doing that for the restricted person, and subsection (5) prohibits tampering with or circumventing the device. Under subsection (6), a violation of subsection (2), (3), (4), or (5) is a misdemeanor punishable by up to 6 months or a fine of up to $5,000, or both. Under subsection (7), if an officer detains the operator of a vehicle who is required to drive only with an interlock and no device is properly installed, the officer must impound the vehicle, and if the operator owns it in whole or part, destroy the registration plate and issue a temporary plate. License consequences can follow: under MCL 257.319(8)(i), a violation of restricted license conditions can bring an additional like period of suspension.

Authority: MCL 257.625l; MCL 257.319. Reviewed Oct. 2026.

It depends on the offense. For a first-offense OWI the court may order immobilization of up to 180 days. For a second OWI within 7 years the court must order 90 to 180 days, and after two or more priors 1 to 3 years. It is also required for OWI causing death or serious impairment. The mandatory orders apply unless the vehicle is forfeited, and specialty court interlock participants in good standing can be exempt.

MCL 257.904d(1) sets the ranges. For a conviction under section 625(1), (3), (7), or (8) with no prior convictions, the court may order immobilization for up to 180 days. For a conviction under section 625(4) or (5) with no prior convictions, the court must order up to 180 days. For a conviction under section 625(1), (3), (4), (5), (7), or (8) within 7 years after a prior conviction, the court must order 90 to 180 days, and after 2 or more prior convictions, the court must order 1 to 3 years. The defendant must give the court the VIN and registration plate number. Subsection (4) allows the order when the defendant owns, co-owns, leases, or co-leases the vehicle, or when an owner knowingly permitted the operation in violation of section 625(2). Subsection (6) provides that if a jail term is ordered, immobilization begins after the jail term ends. The section does not apply to a vehicle registered in another state, a rental vehicle, or a government-owned vehicle. Under MCL 257.625(4), (5), and (9), the mandatory order applies unless the vehicle is ordered forfeited under section 625n, and under MCL 257.304(11) a specialty court interlock participant in good standing is exempt from immobilization and forfeiture.

Authority: MCL 257.904d; MCL 257.625. Reviewed Oct. 2026.

MCL 257.58c says the term includes, but is not limited to, loss of a limb, foot, hand, finger, thumb, eye, or ear or its use, loss or substantial impairment of a bodily function, serious visible disfigurement, a coma lasting more than 3 days, measurable brain or mental impairment, a skull fracture or other serious bone fracture, a subdural hematoma, and loss of an organ. OWI causing it is a felony with a 5-year maximum, or 10 years with an alcohol content of 0.17 or more and a prior conviction within 7 years (MCL 257.625(5)).

MCL 257.625(5) applies to a person who operates a vehicle in violation of subsection (1), (3), or (8) and, by that operation, causes a serious impairment of a body function of another person. Under subdivision (5)(a), the penalty is up to 5 years or a fine of $1,000 to $5,000, or both. Subdivision (5)(b) raises the maximum to 10 years if the person had an alcohol content of 0.17 or more and had a prior conviction within 7 years. MCL 257.58c says the term includes, but is not limited to, loss of a limb or loss of its use; loss of a foot, hand, finger, or thumb or its use; loss of an eye or ear or its use; loss or substantial impairment of a bodily function; serious visible disfigurement; a comatose state lasting more than 3 days; measurable brain or mental impairment; a skull fracture or other serious bone fracture; a subdural hemorrhage or hematoma; and loss of an organ. The conviction also calls for license revocation under MCL 257.303(2)(d). Whether an injury meets that definition is often contested and depends on medical records.

Authority: MCL 257.625; MCL 257.58c; MCL 257.303. Reviewed Oct. 2026.

Under MCL 257.625(4), OWI causing death is a felony punishable by up to 15 years in prison, or a fine of $2,500 to $10,000, or both. The maximum is 20 years if the driver had 0.17 or more and a prior conviction within 7 years, or if the driver was operating in a manner proscribed under MCL 257.653a and killed a police officer, firefighter, or emergency responder. The license is revoked.

The offense requires operating a motor vehicle in violation of subsection (1), (3), or (8) and, by that operation, causing the death of another person. Under MCL 257.625(4)(a), the penalty is imprisonment of up to 15 years or a fine of not less than $2,500 or more than $10,000, or both. Subdivision (4)(b) raises the maximum to 20 years if the violation occurs while the person has an alcohol content of 0.17 or more and within 7 years of a prior conviction. Subdivision (4)(c) sets a 20-year maximum if the person was operating in a manner proscribed under section 653a and caused the death of a police officer, firefighter, or other emergency response personnel, whether or not charged under section 653a. The judgment may impose forfeiture under section 625n, and if the vehicle is not forfeited, immobilization must be ordered under MCL 257.904d. Under MCL 257.303(2)(d), one conviction under section 625(4) calls for license revocation and denial. Under People v Schaefer, 473 Mich 418 (2005), the state must prove that your operation of the vehicle, not your intoxication, was a factual and proximate cause of the death, so the issue is often whether gross negligence or intentional misconduct by the victim or a third party broke the causal chain. Ordinary negligence does not.

Authority: MCL 257.625; MCL 257.904d; MCL 257.303; People v Schaefer, 473 Mich 418 (2005). Reviewed Oct. 2026.