Michigan OWI & DUI Laws
In Michigan a person can be convicted of operating while intoxicated (OWI) if their blood alcohol concentration (BAC) is above the legal alcohol limit of .08%. In addition, Michigan has a operating while visually impaired (OWVI) law meaning you are under the influence of both drugs and alcohol while driving.
Legal limit in Michigan:
- Standard, non-commercial drivers: .08% BAC
- Commercial drivers: .04% BAC
- Drivers under 21: Zero tolerance
Penalties, Fines, & Suspension
| Michigan OWI & DUI Penalties, Fines, & Suspension | |||
|---|---|---|---|
| Penalty | 1st offense | 2nd offense | 3rd offense |
| Sentence | Up to 93 days | 5 days to 1 year | 30 days to 5 years |
| Fine | $100 to $500 | $200 to $1,000 | $200 to $1,000 |
| Driver’s License Suspension | Up to 6 months | At least 1 year | At least 1 year |
Chemical Test Refusal
Michigan is an “implied consent” state, which means that anyone with a Michigan driver’s license has agreed to take a breath, blood, or urine test if arrested for an OWI. Additionally, Michigan has preliminary laws requiring drivers to take a breath test even if not arrested. If you do not comply with the chemical test, you will be subject to a fine and automatic license suspension.
1st offense: License suspended for 1 year
2nd offense: License suspended for 2 years
3rd offense: License suspended for 5 years
Ignition Interlock
In Michigan you will considered a habitual or repeat offender if you have two or more alcohol convictions within 7 years or 3 or more convictions within 10 years. A habitual offender could be required to install a breath alcohol analyzer (BAIID) which will be required to start his or her vehicle. The BAIID will be at the cost of the individual convicted.
Criminal Record
A DUI conviction will remain on your record indefinitely in the state of MIchigan. It is not possible to get a drunk driving conviction removed.
Under 21
Michigan is a zero tolerance state for minors drunk driving. If a minor will be charged with a misdemeanor if caught with alcohol in their vehicle. If a minor will be arrested if their B.A.C. levels are .02% or greater.
More on MI DUI Laws:
Michigan Center for Disease Control: OWI Fact Sheet: http://www.cdc.gov/motorvehiclesafety/pdf/impaired_driving/drunk_driving_in_mi.pdf