Michigan OWI penalties, from a first offense to a felony
Michigan sets OWI penalties in MCL 257.625. They depend on the exact charge (OWI, High BAC, or OWVI) and on prior convictions. This page sets out the ranges in the statute. It cannot tell you what sentence any one case will get.
Last reviewed · Information, not legal advice
The offenses
MCL 257.625 sets out several related offenses:
- OWI (operating while intoxicated): driving while under the influence of alcohol, a controlled substance, or another intoxicating substance, or with a bodily alcohol content of 0.08 or more.
- High BAC: OWI with 0.17 or more, often called the "super drunk" law (High BAC guide).
- OWVI (operating while visibly impaired): driving when your ability to operate the vehicle is visibly impaired by alcohol or drugs.
- Under 21 (zero tolerance): any bodily alcohol content of 0.02 or more, or any presence of alcohol from drinking (under 21 guide).
- Child passenger: OWI or OWVI with a passenger under 16.
Commercial drivers are subject to a 0.04 limit under a separate section.
Penalties by offense
| First offense | Within 7 years of 1 prior | After 2 or more priors (any time) | |
|---|---|---|---|
| OWI | Misdemeanor: up to 93 days jail, $100 to $500 fine, up to 360 hours community service (one or more) | Fine of $200 to $1,000, plus 5 days to 1 year jail or 30 to 90 days community service | Felony: $500 to $5,000 fine, plus 1 to 5 years prison or probation with 30 days to 1 year in jail and 60 to 180 days community service |
| High BAC (0.17+) | Misdemeanor: up to 180 days jail, $200 to $700 fine, up to 360 hours community service | As OWI | As OWI |
| OWVI | Misdemeanor: up to 93 days jail, fine up to $300, up to 360 hours community service | Fine of $200 to $1,000, plus 5 days to 1 year jail or 30 to 90 days community service | Felony, as OWI |
| Under 21 | Up to 360 hours community service and/or fine up to $250 | Up to 60 days community service, fine up to $500, up to 93 days jail |
For a repeat offense, the statute says the jail term cannot be suspended unless the defendant agrees to take part in a specialty court program and completes it. The court can also order the costs of prosecution.
Child passenger under 16
Driving while intoxicated or visibly impaired with a passenger under 16 is a separate crime. A first offense is a misdemeanor with a fine of $200 to $1,000 and up to 1 year in jail or 30 to 90 days of community service; with a prior conviction it is a felony.
Serious injury and death
Separate subsections of MCL 257.625 make an OWI that causes serious impairment of a body function or death a felony with much longer prison terms. Those cases are heard in circuit court. A lawyer can explain how they work.
License consequences
A conviction also brings license sanctions from the Department of State, separate from the court sentence: for a first OWI, a 180-day suspension with no restricted license for the first 30 days. Repeat convictions lead to revocation. See the license sanctions guide.
Vehicle consequences
Michigan law also allows, and in some repeat cases requires, vehicle immobilization or forfeiture (MCL 257.625n and related sections). Ask a lawyer whether this applies to you.
Points on your driving record
A conviction also puts points on your Michigan driving record under MCL 257.320a:
- 6 points for OWI, including High BAC, and for the offenses causing serious injury or death or involving a child passenger under 16;
- 4 points for OWVI and for the under-21 zero tolerance offense; and
- 2 points for a driver under 21 who refuses the roadside preliminary breath test.
Points stay on your record for two years from the conviction date, and insurers may consider your record when they set rates.
Costs beyond the sentence
The fine is rarely the only cost. People charged with OWI often also face court costs, probation supervision fees, the cost of any ordered assessment or treatment, towing and storage fees, reinstatement fees from the Department of State, interlock installation and monthly fees if one is required, and higher insurance premiums. Ask the court or your lawyer for a full list of what you may owe.
Where your case is heard
In Plymouth, a first or second OWI is usually heard in the 35th District Court in Plymouth. Felonies go to circuit court. The local resources page lists each court.
A note on these numbers
These are the ranges written in the statute. Judges decide sentences inside them, prosecutors decide what to charge, and the legislature can change the law. Confirm anything that matters to your case with the court or a licensed attorney.
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Common questions
Will I go to jail for a first OWI in Michigan?
The statute allows up to 93 days in jail for a first OWI (up to 180 days for High BAC), as one of several possible penalties alongside a fine and community service. What a judge orders depends on the case; this site cannot predict it.
Is a third OWI a felony even if the earlier ones were long ago?
Yes. Under MCL 257.625(9)(c), an OWI after 2 or more prior convictions is a felony regardless of how many years have passed since the prior convictions.
What is the difference between OWI and OWVI?
OWI means operating while intoxicated: under the influence, or at 0.08 or more. OWVI means operating while visibly impaired: your ability to drive was visibly impaired by alcohol or drugs. OWVI carries lower penalties.
Sources
Official sources checked on October 28, 2026.