Michigan OWI Laws

Whether you've heard it called drunk driving, driving under the influence, or driving while intoxicated (DWI), driving intoxicated is a crime in every state. It's dangerous and preventable.

Intoxicated driving is a serious issue. According to the National Highway Traffic Safety Administration (NHTSA), 37 people in the United States die every day in motor vehicle crashes that involve an alcohol-impaired driver.

In Michigan, it's called operating while intoxicated (OWI). Michigan's OWI laws aim to prevent and reduce intoxicated driving. Penalties include fines, license suspensions, and possible jail time. They also include assessments and treatment to get to the root cause of drugged and drunken driving.

Note: State laws can change through legislative, judicial, or other means. While FindLaw works hard to ensure the accuracy of its legal resources, it's a good idea to thoroughly research the law or check with an attorney to ensure you have the most recent information.

Michigan Operating While Intoxicated Laws

The state of Michigan bans the operation of a vehicle while you are under the influence of:

• Alcohol or liquor
• A controlled substance
• An intoxicant
• A combination of these

Michigan further bans the operation of a vehicle with:

• A blood alcohol content (BAC) of 0.08% or more
• Any amount of cocaine or other Schedule I controlled substance in your blood

The language of Michigan's DUI law allows for your arrest even if you're alcohol level is below the legal limit of 0.08%. If you are clearly intoxicated, a police officer can charge you with operating while visibly impaired (OWVI). An officer may charge you with OWVI when you are under the influence of other intoxicants.

Per Se Offense

A per se OWI offense is when your BAC is 0.08% or higher. A per se offense only needs evidence confirming your BAC is 0.08% when you were driving to prosecute you. They do not need to prove intoxication. You may speak clearly, be steady on your feet, and drive within the law. Per se means "on its own" or "by itself." A chemical test result of a 0.08% BAC is all that's needed. A per se offense doesn't need more evidence to earn you a conviction.

Implied Consent Law

When you get your driver's license in Michigan, you agree to comply with the law. One such law is implied consent. Implied consent means that as a motorist, you agree to submit to chemical tests if a police officer suspects you of driving under the influence of alcohol or drugs.

When first approached by a police officer, they may ask you to take a preliminary breath test or a Breathalyzer and field sobriety tests. The results of these tests give the officer probable cause to arrest you. Refusing a preliminary breath test is a civil infraction with a $150 fine and will not prevent your arrest.

After your arrest, the officer will ask you to take a chemical test. Chemical tests measure the amount of alcohol or drugs in your system by testing your blood, breath, or urine. These tests are evidence against you in court.

You can refuse to take a chemical test. Refusing to cooperate with chemical tests will earn you an automatic one-year driver's license suspension and six points on your driving record. You will pay a driver's responsibility fee of $1,000 annually for two years.

The officer can get a warrant to compel your cooperation with chemical testing. The prosecution can use your refusal against you in court.

Penalties

If convicted, you will face sentencing by a judge. Your penalties depend on the seriousness of your offense. Certain factors, such as having a passenger 16 or younger or a BAC of 0.17% or greater, will significantly increase your sentence.

A first offense with a BAC under 0.17% is a misdemeanor charge. The judge has some discretion for a first offender's penalties. Conviction may carry:

• Six points on your driver's license
• Up to 93 days of jail time
• $100 to $500 in fines
• Up to 360 hours of community service
• Driver's license suspension of 180 days
• Completion of a substance abuse assessment
• Complete treatment or education courses, if ordered
• Possible vehicle immobilization

A second offense within seven years with a BAC under 0.17% is generally a misdemeanor. Your sentence includes:

• $200 to $1,000 in fines
• Minimum of five days in jail with one year possible
• One-year suspension of driving privileges
• 30 to 90 days of community service
• 90 to 180 days of vehicle immobilization
• Completion of a substance abuse assessment
• Complete treatment or education courses, if ordered
• Possible vehicle forfeiture to the state

A third offense is a felony. You may also face a felony charge if you have a prior conviction and driving with a passenger 16 or younger. A felony OWI conviction carries penalties that include:

• $500 to $5,000 in fines
• One to five years in jail
• Probation
• Substance abuse assessment and treatment
• Driver's license revocation for five years
• Up to 180 days of community service
• One to three years of vehicle immobilization
• Possible vehicle forfeiture to the state

Restricted Licenses and Ignition Interlock Devices

You may qualify for a restricted license with limited driving privileges if you install an ignition interlock device (IID) in your vehicle. This limited privilege allows you to drive to work, school, treatment, or medical appointments.

An IID connects to your vehicle's ignition system. It's a small gadget requiring a breath sample before driving. If the IID detects alcohol in your sample, the vehicle will not start. The IID will prompt you for more breath samples while you drive.

Your application for a restricted license must include documentation of your need to drive. This may consist of a letter from your doctor, a copy of your school schedule, or a letter from your place of employment. You must show a copy of your SR-22 auto insurance and pay all fees.

DWI/Sobriety Courts

If you have multiple OWI offenses, you may take part in a Sobriety Court program. To be eligible, you must plead guilty, and a judge will sentence you to a DWI/Sobriety Court program.

Sobriety Court is an intensive probation program that focuses on treatment to reduce OWI recidivism. You agree to complete all treatment programs mandated by the program and undergo periodic drug and alcohol testing. Your probation officer and judge will set up a safety plan with you to encourage program success. There are various rewards and incentives offered to maintain your program requirements.

As part of the program, you agree to stay sober and avoid any establishments that sell alcohol. You will have a curfew and must review all medications with your probation officer to approve them. You must maintain an IID in your vehicle for the duration of your program participation.

Zero Tolerance for Underage OWI

Underage drinking and drug use are particularly dangerous. Michigan takes a hard stance against underage substance use. Under Michigan's zero-tolerance law, any bodily alcohol content or a BAC of 0.02% or more will earn you an OWI charge.

For a first offense, you face:

• $250 fine
• 30-day license suspension
• 360 hours of community service

A second underage OWI could see you facing 93 days in jail, besides fines and community service.

Michigan OWI Resources:

• Michigan OWI Statute: Operating a Motor Vehicle While Intoxicated (MCLA §§257.625 et seq)
• Impaired Driving Law: A brief overview of Michigan's OWI law and potential penalties (Michigan State Police)
• Ignition Interlock Manufacturers List: Find an IID installer for your device (Michigan Department of State)
• Substance Use Assessments and Classes: Information relating to substance abuse assessments and education courses (Michigan Health and Human Services)
• 86th Judicial District Court Sobriety Court Handbook: Learn more about the sobriety court program and requirements (Grand Traverse County)
• Drug and Sobriety Courts: Find a sobriety court program near you (Michigan Courts)

Charged Under Michigan OWI Laws? An Attorney Can Help

Conviction of a DUI/OWI can have various negative impacts on your life. A conviction can follow you for many years. If arrested for a DUI/OWI in Michigan, you may want to reach out to an experienced DUI defense attorney to discuss your rights and options. A DUI defense attorney can evaluate your DUI case and provide valuable legal advice.