Michigan · OWI

Michigan OWI laws and penalties

Michigan's legal BAC limit is 0.08%. For a first offense, Michigan's statute provides jail of up to 93 days, a fine of $100 to $500, and a license suspension of 180 days. The license hearing, the ignition interlock rule and the statute behind every figure are below.

In Michigan the offense is called OWI (operating while intoxicated). It is the offense most states call DUI.

Figures read from official pages on Oct 26, 2026.

Legal BAC limit: 0.08%; Standard US limit
Enhanced penalty BAC: 0.17%; Where the penalties step up
Zero tolerance (under 21): 0.02%; Limit for drivers under 21
Lookback period: 7 years; Prior OWI offenses that count

License hearing: ask within 14 days

Only if you refused the chemical test: ask the Secretary of State for a hearing within 14 days of the notice. A driver who takes the test and fails it has no separate administrative suspension. Count the days with the license-hearing window calculator.

Ignition interlock at the judge's discretion

Higher BAC level. A conviction at 0.17 or more raises the first-offense maximum from 93 to 180 days in jail, the fine range from $100-$500 to $200-$700, and the license suspension to 1 year.

Ignition interlock. The court may order one as a probation condition; at 0.17 or more the Secretary of State must order one on any restricted license.

Lookback. 7 years; a conviction after two or more priors is a felony however many years have passed.

The 0.17+ 'high BAC' tier (1)(c) carries up to 180 days, a $200-$700 fine and a 1-year license suspension; a third conviction is a felony. The 14-day administrative hearing exists only for chemical-test refusals.

01Penalties

Michigan OWI penalties

Statutory ranges for standard OWI convictions (no accident, no minor in vehicle).

Michigan statutory OWI penalties, first and second offense
Penalty	1st offense	2nd offense
Jail (minimum)	None	5 days
Jail (maximum)	93 days	1 year
Fine (minimum)	$100	$200
Fine (maximum)	$500	$1,000
License suspension	180 days	1 year minimum (revocation)

Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.

02Compare

How Michigan compares

Of the 49 states with a confirmed BAC limit, 48 (Michigan among them) use 0.08%; Utah has 0.05%.

On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Michigan leaves it to the judge.

The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Michigan gives 14.

Michigan and the states that border it, first-offense figures side by side
State	BAC limit	Hearing request	Interlock, first offense	Jail, first offense	Fine, first offense	License, first offense
Indiana	0.08%	No fixed deadline	At the judge's discretion	Up to 60 days	Up to $500	Up to 60 days
Michigan (this page)	0.08%	14 days	At the judge's discretion	Up to 93 days	$100 to $500	180 days
Ohio	0.08%	30 days	In some cases	3 days to 6 months	$565 to $1,075	1 to 3 years
Wisconsin	0.08%	10 days	In some cases	None	$150 to $300	6 to 9 months

Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.

03The process

How an OWI case moves through the system in Michigan

The typical sequence, in general terms. Timing and details differ by county and by case.

Arrest and booking
Police arrest a driver on suspicion of OWI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
Only if you refused the chemical test: ask the Secretary of State for a hearing within 14 days of the notice. A driver who takes the test and fails it has no separate administrative suspension.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Michigan's statute provides jail of up to 93 days, a fine of $100 to $500, and a license suspension of 180 days. See the penalties table above.

04Sources

Where Michigan's figures come from

Each figure was read on the official page linked here on Oct 26, 2026, and the quoted words were checked against the page the day it was read. The exact words are below so you can check them. Found a mistake? Write to hello@duiarrested.com with the state and the figure.

Mich. Comp. Laws § 257.625(1) (legislature.mi.gov)Main statute · BAC limit, age 21 and over · Higher BAC level · BAC limit under 21 · Lookback period · Ignition interlock, first offense · First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum
Mich. Comp. Laws § 257.625f(1); § 257.625e(1) (legislature.mi.gov)License hearing request
Mich. Comp. Laws § 257.319(8)(a) (legislature.mi.gov)First offense: license
Mich. Comp. Laws § 257.303(2)(c), (4)(a)(i) (legislature.mi.gov)Second offense: license

Show the exact words behind each figure

Main statute

Mich. Comp. Laws § 257.625(1)

(1) A person, whether licensed or not, shall not operate a vehicle on a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person is operating while intoxicated.

BAC limit, age 21 and over

0.08%

Mich. Comp. Laws § 257.625(1)(b)

The person has 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

Higher BAC level

0.17%

Mich. Comp. Laws § 257.625(1)(c)

(c) The person has an alcohol content of 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

BAC limit under 21

0.02%

Mich. Comp. Laws § 257.625(6)(a)

(a) An alcohol content of 0.02 grams or more but less than 0.08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine

Lookback period

7 years

Mich. Comp. Laws § 257.625(9)(b)

(b) If the violation occurs within 7 years of a prior conviction, the person must be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and 1 or more of the following:

License hearing request

14 days

Mich. Comp. Laws § 257.625f(1); § 257.625e(1)

If a person who refuses to submit to a chemical test pursuant to section 625d does not request a hearing within 14 days after the date of notice pursuant to section 625e, the secretary of state shall impose the following license sanctions:

Ignition interlock, first offense

At the judge's discretion

Mich. Comp. Laws § 257.625(24)

The court may order as a condition of probation that a person convicted of violating subsection (1) or (8), or a local ordinance substantially corresponding to subsection (1) or (8), shall not operate a motor vehicle unless that vehicle is equipped with an ignition interlock device approved, certified, and installed as required under sections 625k and 625l.

First offense: jail, minimum

None

Mich. Comp. Laws § 257.625(9)(a)(ii)

(ii) Imprisonment for not more than 93 days, or, if the person is convicted of violating subsection (1)(c), imprisonment for not more than 180 days.

First offense: jail, maximum

93 days

Mich. Comp. Laws § 257.625(9)(a)(ii)

Same passage as above.

First offense: fine, minimum

$100

Mich. Comp. Laws § 257.625(9)(a)(iii)

(iii) A fine of not less than $100.00 or more than $500.00, or, if the person is guilty of violating subsection (1)(c), a fine of not less than $200.00 or more than $700.00.

First offense: fine, maximum

$500

Mich. Comp. Laws § 257.625(9)(a)(iii)

Same passage as above.

First offense: license

180 days

Mich. Comp. Laws § 257.319(8)(a)

For 180 days for a violation of section 625(1) or (8) before October 31, 2010 or, beginning October 31, 2010, section 625(1)(a) or (b) or (8) if the individual has no prior convictions within 7 years.

Second offense: jail, minimum

5 days

Mich. Comp. Laws § 257.625(9)(b)(i)

(i) Imprisonment for not less than 5 days or more than 1 year.

Second offense: jail, maximum

1 year

Mich. Comp. Laws § 257.625(9)(b)(i)

Same passage as above.

Second offense: fine, minimum

$200

Mich. Comp. Laws § 257.625(9)(b)

(b) If the violation occurs within 7 years of a prior conviction, the person must be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and 1 or more of the following:

Second offense: fine, maximum

$1,000

Mich. Comp. Laws § 257.625(9)(b)

Same passage as above.

Second offense: license

1 year minimum (revocation)

Mich. Comp. Laws § 257.303(2)(c), (4)(a)(i)

The expiration of not less than 1 year after the license was revoked or denied.

05Related

MapUS DUI Arrest Rate MapEvery state as one tile, colored by DUI arrests per 100,000 residents.
CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.

Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.

Michigan OWI laws at a glance