Michigan’s OWI Laws and Penalties

An DUI / OUI / OWVI conviction requires proof only that the driver shows visible signs of impairment due to ingesting alcohol or drugs.

The Michigan Law

Under MCL 257.625(3), you are assumed guilty of a crime if, regardless of your blood alcohol content, your ability to operate a vehicle was “visibly impaired” by alcohol.

This is referred to as “operating while visibly impaired” or OWVI.

Michigan’s OWI and OWVI Laws

There are two main categories: operating while under the influence of drugs or alcohol (OWI) and operating while visibly impaired (OWVI) by drugs or alcohol. Some people still use the term DUI, but it’s the same thing as OWI.

An OWI is the more serious offense. It means you were driving while:

• under the influence of alcohol or drugs
• had a blood alcohol content (BAC) of .08% or greater
• had any amount of illegal drugs in your body

Once again –> an OWVI conviction only requires proof that you only showed visible signs of impairment due to alcohol or drugs.

This is why you need to retain a lawyer.  Even if your going to take a plea.

Michigan’s OWI and OWVI Penalties

If you’re convicted of OWI or OWVI, you’ll face penalties according to Michigan law. For most convictions, you’ll lose your license, pay fines, and possibly go to jail.

How Long an OWI or OWVI Stays on Your Record in Michigan

OWIs and OWVIs stay on your record for seven years in Michigan. This means that if you get another conviction within seven years, it will count as a prior conviction and you’ll face harsher penalties.

Michigan DUI Penalties

1st Offense

If you are caught driving under the influence (DUI) in Michigan for the first time, you may face up to 93 days in jail (up to 180 days if your blood alcohol content (BAC) was .17% or greater). You may also be fined $100 to $500 ($200 to $700 if your BAC was .17% or greater) and ordered to complete up to 360 hours of community service.

2nd Offense

If you are caught DUI for the second time, you may face 5 days to one year in jail, a fine of $200 to $1,000, and 30 to 90 days of community service. Your vehicle may also be immobilized for 90 to 180 days (if not forfeited).

3rd Offense

If you are caught DUI for the third time, you may face one to five years in jail (30 days to one year if community service is ordered), a fine of $500 to $5,000, and 60 to 180 days of community service. Your vehicle may also be immobilized for one to three years (if not forfeited).

Jail

If you are caught DUI in Michigan, you may face jail time depending on the offense. The length of jail time increases with each subsequent offense.

Vehicle Immobilization for OWI and OWVI Convictions in Michigan

If you are convicted of operating while intoxicated (OWI) or operating while visibly impaired (OWVI) in Michigan, the judge may order the immobilization or forfeiture of your vehicle. For a first offense, immobilization or forfeiture is optional, but for any subsequent offense, it is mandatory. The length of immobilization increases with each subsequent offense.

• 1st offense. Possibly forfeiture or immobilization for up to 180 days.
• 2nd offense. Immobilization for 90 to 180 days is mandatory (if not forfeited).
• 3rd offense. Immobilization for one to three years is mandatory (if not forfeited).

Michigan’s OWI Enhancements for Passengers Under 16 Years Old

If you are caught DUI with a passenger under 16 years old in Michigan, you may face additional penalties. For a first offense, you may be fined $200 to $1,000 and either serve five days to one year in jail or complete 30 to 90 days of community service. For a subsequent offense with a passenger under 16, you may be fined $500 to $5,000 and either serve one to five years in jail or probation (which must include five days to one year in jail and 30 to 90 days of community service).

As of February 19th, 2022, first time operating while intoxicated convictions are now eligible to be set-aside (expunged) under certain circumstances.

Waiting Time

• When seeking to expunge one or more serious misdemeanor convictions or one felony conviction, at least 5 years from the latest of the following events: date of the sentencing, completion of a term of probation, discharge from parole, or completion of any term of imprisonment.
• When seeking to expunge more than one felony conviction, at least 7 years from the latest of the following events: date of the sentencing, completion of a term of probation, discharge from parole, or completion of any term of imprisonment.
• When seeking to expunge one or more misdemeanor convictions (other than serious misdemeanors and any misdemeanor conviction for an assaultive crime), at least 3 years from the latest of the following events: date of the sentencing, completion of a term of probation, or completion of any term of imprisonment.