Michigan OWI Laws: 2025 DUI Charges Guide

Getting Started

If you’ve been arrested for operating while intoxicated (OWI) in Michigan, you’re facing both administrative and criminal consequences. This guide outlines Michigan’s OWI laws, penalties, and the steps to restore your driving privileges. Remember that while this document provides general guidance about Michigan’s OWI processes, it is not legal advice. For case-specific help, consult a qualified attorney familiar with Michigan DUI law.

Definitions to Know

Michigan Secretary of State (SOS)

The government agency that handles driver’s license issues, including suspensions, restrictions, and reinstatements following OWI convictions. The SOS processes administrative license revocations, restricted license applications, IID oversight, and monitors compliance for those with OWI convictions.

Steps to Take After OWI Arrest in Michigan

1. Hire an Attorney

   Legal counsel can help navigate both the administrative hearings with the Secretary of State and criminal proceedings in court.

2. License Suspension

   Be prepared for your license to be automatically suspended or restricted based on the severity of the offense.

3. Request an Administrative Hearing

   If contesting a suspension, you must request a hearing with the Secretary of State within 14 days of your arrest.

4. Apply for a Restricted License

   If eligible, you may apply for limited driving privileges, which typically requires installing an IID under Michigan DUI laws.

5. Install an Interlock Device

   Required for certain offenses – mandatory for high-BAC convictions or repeat offenses.
   Explore IIDs

6. File an SR-22

   If required, you’ll need to provide proof of insurance coverage for license reinstatement.

7. Complete Substance Abuse Evaluation

   You’ll need to attend an evaluation and complete recommended treatment programs.

8. Pay DUI Fines and Fees

   OWI convictions come with substantial court fines ranging from $100-$5,000 plus other fees for license reinstatement and state charges.

9. Complete OWI Education Program

   Mandatory substance abuse education courses are typically required for all OWI offenders in Michigan.

10. Attend Court Proceedings

    Your case will progress through criminal court separately from administrative license actions.

11. Probation

    Terms may include regular check-ins, alcohol testing, and abstaining from alcohol or drugs.

12. Avoid Further Violations

    Whether on probation, using a restricted license, or after reinstatement, any new DUI in Michigan or breaking license rules can lead to jail time and extended suspensions.

OWI Laws in Michigan

What Are the Legal Driving Alcohol Limits in Michigan?

In Michigan, it’s illegal to drive while under the influence of alcohol, drugs, or a combination of both. Michigan DUI laws establish clear blood alcohol concentration (BAC) limits based on age and license type. Law enforcement typically uses breathalyzers to check your Breath Alcohol Concentration (BrAC) during traffic stops.

Felony vs Misdemeanor OWI Charges

In Michigan, whether an OWI is charged as a misdemeanor or a felony depends on several factors, primarily the number of prior offenses and whether the incident caused injury or death¹.

Felony DUI/OWI convictions carry substantially higher DUI penalties in Michigan, including longer jail/prison sentences, higher fines, and extended license revocation periods under Michigan DUI laws¹.

What Are Drunk Driving Diversion Programs in Michigan?

Michigan offers limited diversion options for first-time OWI offenders through what’s known as the Michigan DWI/Sobriety Court program in some jurisdictions. These specialty courts focus on treatment rather than punishment for eligible first-time offenders. Participation typically involves:

• Intensive supervision
• Mandatory substance abuse treatment
• Regular court appearances
• Frequent random alcohol/drug testing
• Counseling sessions

Successful completion may result in reduced charges or penalties, but eligibility is determined by the court on a case-by-case basis and is not available in all jurisdictions.

Refusing a Chemical Test Under Michigan OWI Law

Michigan, like all states, has an “implied consent” law. By driving on Michigan roads, you’ve implicitly agreed to chemical testing if arrested for suspected OWI. Michigan’s implied consent law means that by driving, you agree to submit to chemical testing if suspected of DUI. Refusing a chemical test (breath, blood, or urine) has significant consequences separate from any OWI penalties.

If you refuse a test, police can still obtain a warrant for a blood draw, and the test results can be used against you even if you initially refused.

OWI Penalties & Consequences

Penalties for OWI Offenses in Michigan

Penalties for DUI/OWIs in Michigan become progressively severe with each conviction and vary based on BAC level.

Aggravating Factors That Increase Michigan OWI Penalties

Under Michigan DUI laws, these aggravating factors lead to elevated criminal charges, harsher DUI fines, longer jail or prison time, extended license suspensions, and additional requirements:

• High BAC (0.17% or above): Results in enhanced penalties even for first-time offenders
• Child in Vehicle: Additional charges of child endangerment, which adds jail time and fines
• Causing Injury: Felony charge with up to 5 years in prison
• Causing Death: Felony charge with up to 15 years in prison
• Driving with a Suspended License: Increases penalties substantially
• Open Container in Vehicle: Additional misdemeanor charge
• Refusing a Chemical Test: Results in automatic license suspension independent of OWI penalties
• Prior Convictions: Each prior conviction significantly increases penalties

Driving Without a Valid License

Driving with a suspended license after an OWI conviction in Michigan is a serious offense that carries severe consequences. If caught driving with a suspended license due to an OWI, you face:

• Additional criminal charges (misdemeanor)
• Mandatory jail time (minimum 3 days to 1 year)
• Additional fines ($500-$1,000)
• Extension of your original suspension or revocation period
• Vehicle immobilization or forfeiture
• Ineligibility for restricted license considerations
• Difficulty in future license reinstatement proceedings

These penalties compound with each violation, making future restoration of driving privileges increasingly difficult. The Secretary of State and courts view driving while suspended very seriously, and it demonstrates a disregard for Michigan law that can severely impact your reinstatement efforts.

License Suspension

Who Determines if You Can Continue Driving After an OWI

In Michigan, both the Secretary of State (SOS) and the courts play roles in determining driving privileges after a DUI/OWI. The process involves two parallel tracks:

Administrative License Suspension (Secretary of State)

• Occurs automatically following arrest when you fail or refuse a chemical test
• Happens before DUI conviction in Michgian and is independent of court proceedings
• You have 14 days to request an administrative hearing to contest the suspension

Criminal License Penalties (Courts)

• Imposed upon conviction for OWI
• Severity depends on BAC level and prior offenses
• Court notifies the Secretary of State, which then implements the suspension or restriction

The Secretary of State has primary authority over license status and reinstatement requirements, including determining eligibility for restricted licenses and imposing requirements such as IID installation.

How Long Will Your License Be Suspended?

Getting your license suspended in Michigan means you are no longer allowed to drive a vehicle unless you obtain a temporary or restricted license during your suspension period. Here’s how long your regular license may be suspended for an OWI in Michigan:

Steps to Reinstate Your License

If your Michigan license was suspended or revoked for a DUI/OWI, you must complete several steps to regain your driving privileges. Here’s what to expect:

1. Serve your full suspension or revocation period
2. Pay reinstatement fees ($125 standard fee, plus additional fees for driver responsibility program)
3. If required, provide proof of installation of an ignition interlock device
4. Complete required substance abuse education or treatment programs
5. For multiple offenses, attend and win a Secretary of State driver license appeal hearing to demonstrate sobriety
6. For revocations, provide evidence of ongoing sobriety (typically 6-12 months with documentation)

Additional information on eligibility criteria is available on the Michigan Secretary of State website¹.

How to Apply for Temporary Restricted Driver’s License

If your Michigan license was suspended or revoked for an OWI, you may need to apply for a temporary or restricted driver’s license, follow these steps to regain limited driving privileges while meeting state requirements.

1. Install an interlock device on all vehicles you own or operate (if required)
2. Gather documentation showing need (employment verification, school enrollment, treatment program verification)
3. For first offenses: Submit application to Secretary of State office after serving hard suspension period
4. For multiple offenses: File for a driver’s license appeal hearing with the Secretary of State
5. Provide evidence of sobriety and completed substance abuse evaluation
6. Pay applicable fees (typically $125 reinstatement fee plus administrative hearing fees if applicable)
7. Maintain proof of ongoing treatment compliance and sobriety

Michigan Ignition Interlock Device (IID) Requirements

Michigan has specific requirements for ignition interlock devices for OWI offenders. Interlock devices must be installed on every vehicle you own or operate and must be certified by the Michigan Secretary of State.

Key requirements include:

• The device must be obtained from a provider on the SOS approved vendor list
• Installation must be verified and documented
• Monthly maintenance/calibration appointments are required
• All test violations are reported to the Secretary of State
• Failed tests may result in extended license restrictions or revocation
• The driver is responsible for all costs associated with the IID (typically $70-100 monthly)
• For High BAC and repeat offenders, the device must be used for at least one year
• You must maintain a log of any failed tests with explanations
• Three or more start-up test failures within a monitoring period may result in license re-revocation

Selecting the right ignition interlock provider can make a world of difference.

Find the Right Interlock Provider

SR-22 Insurance Requirements

In some cases, Michigan OWI offenders may need to file an SR-22 form as proof of insurance. This is typically required for:

• Drivers with multiple OWI convictions
• Drivers involved in accidents without insurance
• Drivers with certain license reinstatement requirements

The SR-22 is not an insurance policy itself, but rather a certificate filed by your insurance company with the state that proves you have the minimum required coverage. In Michigan, you should be aware that:

• SR-22 filing typically increases your insurance premiums significantly
• You must maintain continuous coverage without lapse for the required period (usually 3 years)
• If your policy lapses, your insurer notifies the state and your license is immediately re-suspended
• You must continue the SR-22 for the full mandated period, even with a perfect driving record

Let us help connect you to the right licensed insurance specialist for you.

Explore SR-22 Insurance Requirements

Substance Abuse Evaluation and Treatment

All Michigan OWI convictions require completion of substance abuse evaluation and recommended treatment. The process includes:

• Initial screening conducted by a state-approved evaluation provider
• In-depth assessment of alcohol/substance use patterns
• Recommendations for education and/or treatment based on evaluation results
• Mandatory completion of recommended programs
• Documentation of completion for court and Secretary of State
• Possible ongoing testing and monitoring
• Potential requirement for support group attendance (such as AA)

Michigan maintains a directory of approved providers for assessments and classes through the Department of Health and Human Services. Treatment options range from education classes to intensive outpatient or residential treatment, depending on the severity of the substance use issue identified.

Understand what to expect and how to prepare for a substance abuse evaluation.

Read Our Guide on Alcohol Assessments

FAQs About OWIs in Michigan

Sources

1. Michigan State Legislature. (2023). Michigan Vehicle Code, Act 300 of 1949, MCL 257.625. Retrieved from https://legislature.mi.gov/Laws/MCL?objectName=MCL-257-625
2. Michigan State Police. (2023). Impaired Driving Law. Retrieved from https://www.michigan.gov/msp/divisions/ohsp/safety-programs/impaired-driving/impaired-driving-law
3. FindLaw. (2023). Michigan DUI Laws. Retrieved from https://www.findlaw.com/state/michigan-law/michigan-dui-laws.html
4. National College for DUI Defense. (2023). Michigan OWI Laws. Retrieved from https://www.ncdd.com/michigan-owi-laws
5. Michigan Secretary of State. (2023). License Restoration. Retrieved from https://www.michigan.gov/sos/license-id/license-restoration
6. Michigan Department of Health and Human Services. (2023). Providers of Assessments and Classes. Retrieved from https://www.michigan.gov/mdhhs/keep-mi-healthy/mentalhealth/drugcontrol/treatment/txcontent/providers-of-assessments-and-classes