In Michigan, the legal alcohol limit to drive is a blood alcohol concentration of 0.08% if you are 21 or older.1Michigan Legislature. MCL – Section 257.625 The threshold drops to 0.04% behind the wheel of a commercial vehicle and to 0.02% for anyone under 21. And you can still be arrested below those numbers if alcohol has visibly affected your driving.
The 0.08% Rule for Most Drivers
Hit 0.08% or higher and you meet Michigan’s legal definition of Operating While Intoxicated (OWI). The limit is measured as grams of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.1Michigan Legislature. MCL – Section 257.625
This is what lawyers call a “per se” offense. The number alone is enough. A prosecutor doesn’t need to show you were swerving, slurring, or driving badly. The test result does the work.
The 0.08% standard applies anywhere open to public traffic, including parking lots and private roads generally accessible to motor vehicles. Whether you hold a valid license has no bearing on the charge.
Under 21: A 0.02% Zero-Tolerance Limit
Michigan’s zero-tolerance law makes it illegal for anyone under 21 to drive with a BAC of 0.02% or higher, or with any detectable alcohol from consumption.1Michigan Legislature. MCL – Section 257.625 At 0.02%, a single drink could put an underage driver over the limit. The only exception is alcohol consumed as part of a recognized religious ceremony.
A first violation adds four points to the driver’s record.2State of Michigan. Chapter 2 – Your Driving Record If the under-21 driver’s BAC reaches 0.08% or higher, the standard adult OWI charges apply on top. The zero-tolerance law doesn’t replace the regular statute; it adds a lower-threshold offense beneath it.
Commercial Drivers: 0.04%
Anyone operating a commercial motor vehicle in Michigan is held to a 0.04% limit, half the standard threshold.3Michigan Legislature. MCL – Section 257.625m It applies whether or not the driver carries a commercial license. A conviction at or above 0.04% in a commercial vehicle is a misdemeanor and can cost a driver their CDL.
You Can Be Charged Under 0.08%
Many drivers assume that blowing under 0.08% means they’re in the clear. They’re not. Michigan has a separate offense called Operating While Visibly Impaired (OWVI), and it has no fixed BAC threshold.1Michigan Legislature. MCL – Section 257.625 If alcohol, drugs, or any intoxicating substance has noticeably affected your ability to drive, you can be arrested and convicted at 0.05% or 0.06%.
OWVI carries lighter penalties than a standard OWI. A first offense tops out at 93 days in jail and a $300 maximum fine, and it adds four points to your driving record.2State of Michigan. Chapter 2 – Your Driving Record Prosecutors sometimes offer an OWVI as a plea reduction from a full OWI charge. It can feel like a win, but it’s still a conviction, and it counts as a prior if you’re ever arrested again.
The 0.17% “Super Drunk” Threshold
Michigan treats a BAC of 0.17% or higher as a separate, more serious category of OWI, commonly called the “Super Drunk” law.1Michigan Legislature. MCL – Section 257.625 At roughly double the standard limit, penalties climb sharply. A first offense carries up to 180 days in jail, a fine between $200 and $700, and a license suspension of up to one year.4State of Michigan. Impaired Driving Law
License consequences are especially harsh at this level. Your license is suspended immediately, and you cannot drive at all for the first 45 days. There are no exceptions and no restricted license for work or school. After those 45 days, you can apply for a restricted license, but only if you install an ignition interlock device on your vehicle. The interlock requirement lasts at least one year, and completion of an alcohol treatment program is mandatory.5Michigan Legislature. Summary as Enacted – Ignition Interlock Device/High BAC
What a First-Offense Conviction Costs
A first-time standard OWI is a misdemeanor. The sentence can run up to 93 days in jail, with a fine between $100 and $500, and up to 360 hours of community service.1Michigan Legislature. MCL – Section 257.625 The court adds six points to your driving record.2State of Michigan. Chapter 2 – Your Driving Record Before you can get your license back, you’ll owe a $125 reinstatement fee.6Michigan Legislature. MCL – Section 257.320e
Penalties escalate sharply for subsequent convictions, and a third OWI is a felony no matter how many years have passed since the earlier ones.1Michigan Legislature. MCL – Section 257.625
Refusing a Chemical Test Doesn’t Help
By driving on Michigan roads, you’ve already agreed to chemical testing if a police officer has reasonable grounds to suspect impaired driving. This is Michigan’s implied consent law, and it covers blood, breath, and urine tests.7Michigan Legislature. MCL – Section 257.625c
Two different tests can come up during a stop, and the consequences for refusing them are different:
- The roadside preliminary breath test (PBT) is the handheld device an officer may ask you to blow into during the stop. Refusing it is a civil infraction for regular drivers. For commercial drivers, refusing a PBT is a misdemeanor carrying up to 93 days in jail and a $100 fine.8Michigan Legislature. MCL – Section 257.625a
- The evidentiary chemical test is the formal test given after an arrest, usually at a police station or hospital. Refusing it triggers a one-year license suspension for a first refusal and adds six points to your driving record. A second refusal within seven years results in a two-year suspension. The officer cannot force the test without a court order, but your refusal is admissible in court.8Michigan Legislature. MCL – Section 257.625a
Six points is the same number assessed for an OWI conviction itself.2State of Michigan. Chapter 2 – Your Driving Record Refusing doesn’t make the charge go away. It just gives prosecutors one more fact to use while costing you your license in the meantime.
Drugs: Same Charge, No Numeric Limit
Michigan’s OWI law isn’t limited to alcohol. Driving under the influence of marijuana, prescription medication, or any controlled substance carries the same charges and penalties as alcohol-based OWI.9Michigan State Police. Cannabis and Driving – A Guide for Medicinal and Recreational Users Michigan legalized recreational marijuana in 2018, but legal possession has no bearing on the legality of driving while impaired by it.
Unlike alcohol, there’s no specific THC blood level that automatically triggers an OWI charge. Officers rely on observed driving behavior, physical signs of impairment during the stop, and performance on field sobriety tests. If those indicators point to impairment, the officer can request a chemical test, and refusing it triggers the same implied consent penalties as refusing an alcohol test.