Michigan OWI Laws

Per Michigan's OWI laws no person shall operate or be in physical control of a motor vehicle while their ability operate a motor vehicle has been impaired do to the consumption of alcohol, drugs or any intoxicant.

A person is in violation of Michigan's "per se" law if they are stopped on suspicion of driving under the influence and they have a blood alcohol level of .08% or greater. Even though the legal limit is .08% it is not safe to assume that just because you had a couple of drinks that you are safe to drive.

If an officer stops you on suspicion of OWI or operating while intoxicated and you have a blood alcohol level of .05% you could still be arrested for OWI based on a number of factors including: the officer's observation of your driving behavior prior to stopping you, the officer's observations of your mannerisms during the stop or failing any part of the field sobriety tests (if you took them).

If you submitted to a chemical test and register a BAC of .08% or greater and are arrested for OWI in Michigan, the arresting officer will confiscate your driver's license and issue you a 625g paper permit. This permit will function as your driver's license allowing you to drive until your case is resolved in court.

If you refuse the chemical test, the arresting officer must inform you of the consequences for refusal and then ask you again if you will submit to a chemical test. If you still refuse, your license will be confiscated and destroyed and the officer will issue you a temporary permit that states that you refused a chemical test. This temporary permit will allow you to drive for 14 days.

Within that 14 day window from the date of your arrest you must file a request for a hearing with the Driver License Appeal Division or DLAD if you wish to maintain your driving privilege. If you are a first time offender who refused a chemical test and you fail to request a hearing within 14 days from the date of your arrest, your license will be suspended for 1-year.

TIP: It's very important that you contact a Michigan OWI lawyer to discuss your case. Scheduling an initial consultation is free and you'll get some good information about your options. Contact one of our Michigan OWI lawyers today.

Michigan DLAD Hearing Process

You may file for an appeal hearing yourself and represent yourself at the hearing, but it is strongly recommend that you hire a Michigan OWI lawyer who knows the DLAD process and has experience when it comes to representing clients at these hearings.

You can file for an appeal hearing in one of two ways, the first would be to mail the appeal form to the following address by certified mail:

Driver License Appeal Division
Michigan Department of State
P.O. Box 30196
Lansing, Michigan 48909-7696

Or you can fax the form to (517) 335-4706 or (517) 241-1376

Once you have filed your request for a hearing, DLAD will notify you by mail with your hearing date and time.

The Hearing

The hearing will be conducted by a hearing officer of the DLAD and the purpose of the hearing will be to determine the following items:

Did the arresting officer have probable cause to believe that you were under the influence of alcohol, drugs or an intoxicant.
Were you placed under arrest for OWI or any other driving under the influence charge.
Did the officer read you your Miranda Rights.
Did you refuse the chemical test that the officer requested.

These will be the only items discussed at this hearing. The hearing officer will review the evidence presented by the arresting officer and hear testimony from the officer regarding the arrest. The hearing officer will then review the evidence presented by you and your lawyer and hear testimony from you and/or your lawyer in your defense. If there were any witnesses at the scene that your lawyer wants to testify on your behalf, those people will be subpoenaed to appear at the hearing.

If you win your DLAD hearing, your license will be reinstated immediately and you will not have any points assessed to your driving record. If you do not win your hearing, your license will be suspended. In this scenario in order for you to have a chance at get a restricted license, your lawyer will need to file an appeal with the Circuit Court of Appeals.

If you go this route and the judge who hears your case does not reverse the arresting officer's suspension of your license, the judge may grant you a restricted license. The only way to obtain a restricted license in Michigan is through the Circuit Court of Appeals. If you are granted a restricted license you will be required to show proof of financial responsibility in the form of a Michigan SR22 insurance policy before you will be issued a restricted license.

Restricted License Limitations

A restricted license may only be used to drive to and from the following places:

To and from work.
To and from a court ordered alcohol or drug education or treatment program.
To and from court ordered probation department.
To and from any court ordered community service.
If you are a student, to and from school.
To and from medical emergencies.

If you are stopped by an officer for any reason and you are driving and not engaged in one of the above activities, you will forfeit your restricted license and not be allowed to drive until your suspension period is over.

Michigan DUI Under 21 Years of Age

Anyone under the age of 21 in Michigan shall not operate a motor vehicle, whether they have a license or not, with a blood alcohol level of .02% or greater. A first time offender under the age of 21 will have their license restricted for 30 days, you will have to pay a $250 fine and/or provide up to 360 hours of community service. You will also have to pay an additional $500 driver responsibility fee for 2-years consecutively.

For a second offense under the age of 21 you may face up to 93 days in jail, your license will be suspended for 90 days (your license will be suspended for 1-year if you have a prior drunk driving conviction above the legal limit) following any jail time, you will have to pay up to $500 in fines and/or provide up to 60 days of community service. You will also have to pay an additional $500 driver responsibility fee for 2-years consecutively.

Both a first and second offense under the age of 21 are misdemeanor charges. You will also be required to provide proof of financial responsibility in the form of a Michigan SR22 insurance policy.

Michigan First Offense OWI/OWVI/OWPD

A first offense is a misdemeanor offense and is considered a first offense charge as long as there has been no previous offense within the past 7-years. The penalties for a first offense OWI/OWVI/OWPD charge if convicted are as follows:

Jail time: For a first offense OWI/OWVI/OWPD offense you will be facing a jail sentence of up to 93 days. If there was a child under the age of 16 in the vehicle at the time of the arrest, you will be facing a jail sentence enhancement from a minimum of 5 days in jail up to a maximum of 1-year in jail.

Fines: First offense fines for OWI/OWPD will be between $100 and $500 plus court costs, the court may impose community service in lieu of all or some of the fine amount or in addition to the fines. The fines for a first offense OWVI will be up to $300 plus court costs or the court may impose community service in lieu of some or all of the fine amount or in addition to the fine.

If there was a child under the age of 16 in the vehicle at the time of the arrest, the minimum fine is $200 up to the maximum of a $1,000 fine.

You will also have to pay a $1,000 Driver Responsibility fee for two consecutive years following a first offense OWI conviction, a $500 Driver Responsibility fee for a first offense OWPD and a $500 fee for a first offense OWVI for two consecutive years.

License Suspension: Following a first offense OWI/OWPD your license will be suspended for 30 days followed by 150 days of restricted driving privileges. A first offense OWVI will result in 90 days of restricted driving privileges. An OWID violation will result in 180 days of restricted driving privileges for a first offense.

For all first offense OWI/OWPD/OWID violations, you may also be required to install an ignition interlock device on your vehicle prior to being issued a restricted license.

If there was a child under the age of 16 in the vehicle at the time of the arrest your license will be suspended for 90 days followed by 90 days of restricted driving privileges.

You will also be required to provide proof of financial responsibility in the form of a Michigan SR22 insurance policy before you will be issued a restricted license or before your license is fully reinstated at the end of your suspension period.

Community Service: For a first offense OWI/OWPD/OWVI the court may order you to serve up to 360 hours of community service in lieu of some or all of the imposed jail sentence and fines or the court may require you to provide community service in addition to any jail time and fines. If there was a child under the age of 16 in the vehicle at the time of the arrest, the court will impose between 30-90 days of community service.

Michigan Second Offense OWI/OWVI/OWPD

A OWI/OWVI/OWPD is considered a second offense if it occurs within 7-years of a previous conviction and is a misdemeanor offense. The penalties for a second offense OWI/OWVI/OWPD charge if convicted are as follows:

Jail time: For a second offense OWI/OWVI/OWPD offense you will be facing a minimum jail sentence of 5 days up to a maximum of 1-year in jail.

If there was a child under the age of 16 in the vehicle at the time of the arrest, you will be facing a jail sentence from a minimum of 1-year up to a maximum of 5-years in jail. The court may order a probationary period following a minimum of 30 days in jail up to 1-year in jail.

Fines: Second offense fines for OWI/OWPD/OWVI will be between $200 and $1,000 plus court costs, the court may impose community service in lieu of all or some of the fine amount or in addition to the fines.

If there was a child under the age of 16 in the vehicle at the time of the arrest, the minimum fine is $500 and the maximum is a $5,000 fine.

You will also have to pay a $1,000 Driver Responsibility fee for two consecutive years following a second offense OWI conviction, $500 Driver Responsibility fee for a second offense OWPD and a $500 fee for a second offense OWVI for two consecutive years.

License Revocation: A second offense OWI/OWPD/OWVI will result in a minimum 1-year license revocation. The chances of being granted a restricted license following a second offense are slim. You will be required to install an ignition interlock device before your license will be reinstated following your revocation period.

Your license plates will also be confiscated following a second offense. Your vehicle will also be immobilized for a minimum of 90 days or up to 180 days following your jail sentence if the court does not order that your vehicle be forfeit to the state.

You will also be required to provide proof of financial responsibility in the form of a Michigan SR22 insurance policy before your license will be reinstated at the end of your revocation period.

Community Service: For a second offense OWI/OWPD/OWVI the court may order you to serve a minimum of 30 days of community service up to a maximum of 90 days community service in lieu of some or all of the imposed jail sentence and fines. If there was a child under the age of 16 in the vehicle at the time of the arrest, the court will impose between 60-180 days of community service.

Michigan Third Offense OWI/OWVI/OWPD

A OWI/OWVI/OWPD is considered a third offense if it occurs within a person's lifetime and is a felony offense. The penalties for a third offense OWI/OWVI/OWPD charge if convicted are as follows:

Jail time: For a third offense OWI/OWVI/OWPD offense you will be facing a minimum imprisonment sentence of 1-year up to a maximum of 5-years imprisonment. The court may impose a probationary period with a minimum of 30 days imprisonment up to a maximum of 1-year imprisonment.

Fines: Third offense fines for OWI/OWPD/OWVI will be between $500 and $5,000 plus court costs.

You will also have to pay a $1,000 Driver Responsibility fee for two consecutive years following a third offense OWI conviction, $500 Driver Responsibility fee for a third offense OWPD and a $500 for a third offense OWVI for two consecutive years.

License Revocation: A third offense OWI/OWPD/OWVI will result in a minimum 1-year license revocation up to 5-years revocation. You will not be granted a restricted license following a third offense. You will be required to install an ignition interlock device before your license will be reinstated following your revocation period.

Your license plates will also be confiscated following a third offense. Your vehicle will also be immobilized for a minimum of 1-year up to 3-years following your jail sentence if the court does not order that your vehicle be forfeit to the state. Your ability to register a vehicle will also be denied during the revocation period following a third offense.

You will also be required to provide proof of financial responsibility in the form of a Michigan SR22 insurance policy before your license will be reinstated at the end of your revocation period.

Community Service: For a third offense OWI/OWPD/OWVI the court may order you to serve a minimum of 60 days of community service up to a maximum of 180 days community service in lieu of some or all of the imposed jail sentence.

Michigan SR22 Requirements

Before the Michigan Secretary of State will reinstate your license following your suspension or revocation period or before issuing you a restricted license, they will require you to file an SR22 form with them before issuing you a new license. You will be required to carry your SR22 insurance for a period of 3-years.

At anytime during this 3-year period if there is a lapse in your Michigan SR22 insurance coverage, your insurance provider is obligated by law to immediately inform the Michigan Secretary of State of the lapse. If a lapse in coverage occurs, the Michigan Secretary of State will immediately suspend or revoke your license and you will be required to re-file an SR22 form with the Secretary of State before they will issue you another license.

Since you are going to have to have your SR22 insurance for a period of 3-years, it is important to find the cheapest policy you can before choosing one. DUI Process has partnered with the largest and most trusted SR22 insurance provider in the state of Michigan and has worked out a special discount only available here for our website visitors.

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Additional Resources

Michigan OWI/OWVI/OWPD Laws overview

Michigan OWI/OWVI/OWPD Laws 257.625 in long form

Michigan Department of Transportation

Michigan Substance Abuse Agencies

Michigan Driver's License Information

Michigan Ignition Interlock Information

Michigan Ignition Interlock Service Centers