DUI Laws in Michigan

0.08 for operating while intoxicated (OWI); a separate 'high BAC' offense applies at 0.17 or more. Drivers under 21 may not drive with any bodily alcohol content (0.02 up to under 0.08, or any alcohol not from a religious service).

First OWI: a misdemeanor punishable by one or more of up to 93 days in jail (up to 180 days for high BAC), a fine of $100 to $500 ($200 to $700 for high BAC), and up to 360 hours of community service. The Secretary of State suspends the license for 180 days with no restricted license for the first 30 days. For a first high-BAC (0.17+) conviction, the suspension is 1 year with no restricted license for the first 45 days, and any restricted license requires an ignition interlock. A conviction adds 6 points.

Operating while intoxicated (OWI) is a felony when: (1) it is a third or later offense — the person has 2 or more prior convictions, no matter how long ago (1 to 5 years in prison, or probation with 30 days to 1 year in jail, plus a $500 to $5,000 fine); (2) a child under 16 is in the vehicle and the person has a prior conviction within 7 years or 2 or more prior convictions at any time; (3) the OWI causes serious impairment of a body function of another person (up to 5 years, or up to 10 years with a .17 or higher alcohol level and a prior conviction within 7 years); or (4) the OWI causes a death (up to 15 years, or up to 20 years in certain cases). A first-offense OWI with a child under 16 in the vehicle is a misdemeanor.

Under Michigan's implied consent law, refusing a chemical test leads to a license suspension of 1 year, or 2 years for a second or later refusal within 7 years. Refusal of a chemical test adds 6 points. Drivers under 21 who refuse a preliminary breath test receive 2 points.

7 years for a second offense: an OWI within 7 years of a prior conviction brings a $200–$1,000 fine and 5 days to 1 year in jail or 30–90 days of community service. A third offense is a felony after 2 or more prior convictions, regardless of how many years have passed.

A person with no prior OWI convictions may apply once in their lifetime to have a first-offense OWI conviction set aside, no sooner than 5 years after the sentence, probation, parole or imprisonment ends, whichever is last; the court may deny it if not convinced the person benefited from rehabilitative or educational programs. Other OWI convictions cannot be set aside, and a first OWI is not set aside automatically. A set-aside order does not remove the conviction from the Secretary of State driving record. How long an OWI stays on the driving record was not found on an official page.

The Secretary of State may issue a restricted license during part of many suspensions, for example after the first 30 days of a first-offense OWI suspension, or after the first 45 days of a first high-BAC suspension (with an ignition interlock required). A restricted license is not issued during the first 30 days of a first drug-conviction suspension.