Driving While Impaired in Michigan: Charges and Penalties

Penalties for driving while impaired in Michigan scale with your blood alcohol content, your prior record, and whether anyone was hurt. A first offense is usually a misdemeanor with up to 93 days in jail, a fine, license sanctions, and points on your record. A second offense within seven years triggers a mandatory minimum jail term. A third conviction, at any point in your life, is a felony carrying one to five years in state prison. Cases involving a BAC of 0.17 or higher, injury, or death sit on their own tracks with higher ceilings.

The Three Charge Levels

Michigan uses three tiers, and the tier drives everything that follows.

Operating While Visibly Impaired (OWVI) is the lowest. Prosecutors don’t need a BAC number. They need evidence that your driving ability fell below that of an ordinary careful driver — swerving, slow reactions, slurred speech, bloodshot eyes. OWVI often appears as a plea reduction from a full OWI.¹

Operating While Intoxicated (OWI) is the standard drunk driving charge. It applies at a BAC of 0.08 or higher, or when you’re substantially impaired regardless of the number. At 0.08, the law presumes the violation from the test result alone.¹

High BAC, commonly called the “super drunk” charge, applies at 0.17 or higher. Even on a first offense, it carries longer potential jail time, larger fines, a longer license suspension, and a mandatory ignition interlock condition on any restricted license.¹

First-Offense Penalties

These assume no prior conviction within seven years.

First-Offense OWVI

Up to 93 days in jail
Fine up to $300
Up to 360 hours of community service
90-day license restriction (work, school, medical, and court-ordered treatment driving only); 180 days if the impairment involved a controlled substance
4 points on your driving record
Vehicle immobilization for up to 180 days at the court’s discretion

These come from MCL 257.625(11)(a) and the point schedule at MCL 257.320a.²

First-Offense OWI

Up to 93 days in jail
Fine of $100 to $500 (the $100 floor is mandatory)
Up to 360 hours of community service
180-day license suspension; a restricted license may be available after 30 days
6 points on your driving record
Vehicle immobilization for up to 180 days at the court’s discretion

The suspension is twice as long as the OWVI restriction, and the point total is 50% higher.³

First-Offense High BAC (0.17+)

Up to 180 days in jail
Fine of $200 to $700
Up to 360 hours of community service
One-year license suspension; restricted license possible after 45 days, but only with an ignition interlock installed on every vehicle you drive
6 points on your driving record
Mandatory alcohol treatment program

The jail ceiling roughly doubles, and the interlock requirement doesn’t exist for a standard first OWI.⁴

Second-Offense Penalties

A second conviction within seven years remains a misdemeanor, but jail becomes almost unavoidable. Under MCL 257.625(9)(b), the court must impose a fine of $200 to $1,000 plus at least one of the following: five days to one year in jail, or 30 to 90 days of community service.¹

The five-day floor is the meaningful shift. A judge can avoid jail entirely on a first offense; on a second, the statute doesn’t allow it, and the jail time can’t be suspended unless you complete a specialty court program like sobriety court. Your license is revoked for at least one year. Vehicle immobilization or forfeiture is mandatory. A second OWVI within seven years carries the same numbers under MCL 257.625(11)(b).¹

Third Offense Is a Felony

A third impaired driving conviction is a felony no matter how long ago the earlier convictions occurred. The seven-year window that applies at the second-offense level disappears here. Two priors from any point in your life trigger felony treatment on the next conviction.¹

Under MCL 257.625(9)(c), the penalties are:

Fine of $500 to $5,000
One to five years in state prison, OR
30 days to one year in county jail plus 60 to 180 days of community service, with at least 48 consecutive hours of jail time required

As with second offenses, jail time can’t be suspended without completing a specialty court program. Vehicle forfeiture, not just immobilization, is on the table.¹

Injury or Death

Causing a death while driving impaired carries up to 15 years in prison and a fine of $2,500 to $10,000. The maximum climbs to 20 years if you had a BAC of 0.17 or higher and a prior conviction within seven years, or if the victim was a police officer, firefighter, or emergency responder.¹

Causing serious impairment of a body function carries up to five years in prison and a fine of $1,000 to $5,000. With High BAC and a prior conviction, the ceiling doubles to 10 years.¹

License Sanctions and Points

The Secretary of State handles license consequences separately from the criminal court, and the two tracks run in parallel. Administrative sanctions can stick even if your criminal case ends well.

A first OWVI produces a 90-day restricted license (180 days if drugs were involved). A first OWI suspends your license for 180 days, with a restricted license potentially available after 30. A first High BAC suspends for a full year, and restricted driving isn’t available until day 45, with an interlock installed.³

Points stay on your record for two years. OWVI adds 4. OWI and High BAC each add 6. To get your license back after any suspension or revocation, you’ll pay a $125 reinstatement fee to the Secretary of State.⁵

Vehicle Immobilization and Forfeiture

Michigan can take the vehicle off the road, not just the driver. On a first offense, the court may order immobilization for up to 180 days. On second and subsequent offenses, immobilization is mandatory unless the court orders forfeiture instead.¹

Forfeiture, where the state permanently takes the vehicle, becomes an option starting with second offenses and in any case involving death or serious injury. Courts weigh the full driving record. Multiple priors or license suspensions push toward losing the vehicle entirely.⁶

Ignition Interlock Devices

An interlock connects to your starter and requires a clean breath sample before the engine will turn over. Michigan requires it on any vehicle you drive during the restricted period following a High BAC conviction.⁴

For any OWI or OWVI conviction, the court can also order an interlock as a condition of probation. You pay every cost: installation, monthly rental, and calibration. In sobriety court programs, staying in good standing can exempt your vehicle from immobilization or forfeiture, but the interlock itself stays on until a hearing officer approves an unrestricted license.⁷

Refusing a Chemical Test

Michigan’s implied consent law means driving on public roads counts as agreeing to a chemical breath, blood, or urine test if an officer has reasonable grounds to believe you’re impaired. Refusing doesn’t stop the arrest, and it triggers its own administrative penalty stacked on top of the criminal case.

A first refusal suspends your license for one year and adds 6 points. A second or later refusal within seven years doubles the suspension to two years.⁶ You have 14 days from the date of notice to request an administrative hearing. Miss that window and the suspension takes effect automatically. Officers can also seek a court order to compel a blood draw despite your refusal, and the refusal itself is admissible in court, though only to show a test was offered.⁸

Under-21 and Commercial Drivers

Michigan’s zero tolerance law prohibits anyone under 21 from driving with any bodily alcohol content. That means a BAC of 0.02 or higher (but below 0.08), or the presence of any alcohol from drinking. In practical terms, one drink can trigger the charge. The 0.02 floor accounts for trace amounts from food or medication. Underage drivers who reach 0.08 or higher are prosecuted under the standard OWI statute with the same penalties as adults.⁹

Commercial driver’s license holders face a lower threshold of 0.04 while operating a commercial vehicle. Exceeding it disqualifies commercial driving privileges. A first refusal to submit to a chemical test in a commercial vehicle is itself a misdemeanor, punishable by up to 93 days in jail or a $100 fine. A second refusal within 10 years can revoke commercial privileges for at least a decade.⁶

Insurance, Reinstatement, and Crossing Into Canada

Fines are only part of the cost. Michigan requires most drivers convicted of an impaired driving offense to file an SR-22 certificate of financial responsibility with the Secretary of State, typically for three years. Any lapse in coverage during that period can suspend your license again. Carriers treat impaired driving as a major risk factor, and premiums often double or triple. Combined with the $125 reinstatement fee, court fines, and interlock rental costs, a first offense routinely runs several thousand dollars in total.⁵

The record follows you across the border. Canada classifies impaired driving as “serious criminality,” and a single conviction can make you inadmissible. Border officers have discretion to deny entry no matter how old the offense. A temporary resident permit can allow entry for a compelling reason like a work assignment or family emergency, but it’s granted case by case. For a permanent fix, criminal rehabilitation becomes available five years after you finish every part of your sentence, including fines and probation. Someone with only one conviction may be deemed rehabilitated automatically after 10 years.¹⁰

1
Michigan Legislature. Michigan Compiled Laws 257.625 – Operating Motor Vehicle While Intoxicated
2
Michigan Courts. Michigan Judicial Institute – Operating While Visibly Impaired (OWVI) Section 625(3)
3
Michigan Courts. Michigan Judicial Institute – Operating While Intoxicated (OWI) Section 625(1)
4
State of Michigan. Impaired Driving Law
5
Michigan Legislature. Michigan Compiled Laws 257.320e
6
Michigan Legislature. Michigan Vehicle Code – Driving While Intoxicated and Reckless Driving
7
Michigan Courts. Frequently Asked Questions – Ignition Interlock
8
Michigan Legislature. Michigan Compiled Laws 257.625a
9
Michigan Courts. Zero Tolerance Violations Section 625(6)
10
Government of Canada. Convicted of Driving While Impaired