Learn More About DWIs

Michigan OWI & DUI Laws

Jun 30, 2016

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:

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Updated: July 8, 2016 at 5:05 pm