DUI Laws in Michigan: Penalties, BAC Limits & License Suspension

What DUI Is Called in Michigan, and What Matters First

Michigan doesn't use the term "DUI" in its statute. The charge is Operating While Intoxicated (OWI) under Michigan Vehicle Code MCL 257.625 — a family of related offenses that also includes OWVI (Operating While Visibly Impaired, a lesser charge) and OWPD (Operating With the Presence of a Schedule 1 drug or cocaine). If you were arrested, your paperwork will say OWI, not DUI.

Three numbers matter most right now:

• Per se BAC limit: 0.08% for a standard adult OWI (this 0.08 threshold is the national standard, not unique to Michigan).
• "Super Drunk" enhanced threshold: 0.17% — Michigan's own high-BAC tier under MCL 257.625(1)(c), with harsher mandatory penalties.
• 14 days — if you refused a chemical test, you have only 14 days from the date of arrest to demand a hearing before your license is automatically suspended. This is separate from your criminal case and does not wait for it.

Per Se BAC Limits in Michigan

• General/adult limit: 0.08%. This is the standard per se limit nationwide, including Michigan.
• Commercial driver's license (CDL) limit: 0.04%. A CDL holder operating a commercial vehicle with a BAC of 0.04% or more (but under 0.08%) can be charged even though that same reading wouldn't violate the general adult limit.
• Under-21 "Zero Tolerance" limit: 0.02%. Under MCL 257.625(6), a driver under 21 with a bodily alcohol content of 0.02% or more (but less than 0.08%) violates Michigan's Zero Tolerance law — a separate, lesser offense than adult OWI, but still a real charge with license consequences.
• Aggravated/"Super Drunk" threshold: 0.17%. Michigan is one of the states with a dedicated high-BAC tier. A BAC of 0.17% or higher on a first offense triggers longer jail exposure, higher fines, a longer license suspension, and — unlike standard first-offense OWI — a mandatory ignition interlock device before a restricted license is available.

Implied Consent and Refusing the Test

By driving in Michigan, you've already agreed (under the state's implied consent law) to submit to a chemical test — breath, blood, or urine — if arrested for OWI. Refusing has its own automatic consequences, separate from and in addition to any OWI conviction:

• First refusal: automatic 1-year license suspension plus 6 points added to your driving record.
• Second refusal within 7 years: automatic 2-year suspension, with no hardship/restricted license available during that suspension.
• Refusal can also be used against you at trial as evidence, on top of triggering the license suspension. Refusing does not make the underlying OWI charge go away — it adds a separate administrative penalty stacked on top of it.

The Administrative License Suspension: Don't Miss This Deadline

When you refuse a chemical test, the arresting officer completes a report of the refusal (commonly the DI-93 form) and forwards it to the Michigan Department of State (Secretary of State), the agency that controls your driving privileges. This kicks off a strict clock:

• You have 14 days from the date of your arrest to request an implied consent hearing before the Secretary of State's Administrative Hearings Section.
• If you do not request the hearing within that 14-day window, the suspension becomes automatic — you lose the right to contest it.
• This proceeding is entirely separate from, and moves on a different timeline than, your criminal OWI case. Winning or losing the criminal case does not undo what happens (or fails to happen) at the Secretary of State level.
• At the hearing, the state must generally show there were reasonable grounds for the stop and arrest, that you were advised of your chemical-test rights, and that your refusal was unreasonable.

If you refused a test or aren't sure what paperwork you were given, treat the 14-day deadline as urgent and confirm your exact deadline and hearing procedure directly with the Michigan Department of State or a Michigan-licensed defense attorney immediately.

First-Offense OWI Penalties

For a standard first-offense OWI (BAC 0.08%–0.16%), Michigan law describes penalties along these general lines. Confirm current amounts before relying on them, since fine schedules and court costs can change and vary by county:

• Jail: up to 93 days (up to 180 days for a "Super Drunk"/high-BAC first offense).
• Fines: a statutory fine range for standard first-offense OWI (a higher range for high-BAC), plus court costs and fees that can add substantially to the total. Exact amounts are set by statute and the court, so verify the current figures rather than relying on any fixed number.
• License suspension: a mandatory license sanction totaling around 180 days for a standard first offense — typically a short full suspension followed by a longer restricted-license period (with a longer full suspension and restricted period for high-BAC cases).
• Ignition interlock device (IID): not automatically mandatory for a standard first offense below the high-BAC threshold. For a "Super Drunk" (0.17%+) first offense, an IID is mandatory before a restricted license is available.
• Other sanctions: 6 points on your driving record, possible vehicle immobilization, and possible community service.

Because exact fine amounts, court costs, and probation terms vary by county and can change, confirm the current numbers with the district court handling your case or a Michigan defense attorney rather than relying on any fixed dollar figure.

Lookback (Washout) Period

Michigan's enhancement rules are not uniform across offense levels:

• Second offense: a prior OWI conviction counts toward second-offense enhancement if it falls within 7 years of the current offense.
• Refusal enhancement: a prior implied-consent suspension generally uses roughly the same 7-year window for determining whether a later refusal counts as a "second" refusal.
• Third offense (felony): Michigan has no lookback limit at all for counting prior convictions toward felony third-offense status. Under what's commonly known as "Heidi's Law," two or more prior OWI convictions anywhere in your lifetime — even decades old — can elevate a new charge to a felony.

Felony OWI

An OWI becomes a felony in Michigan when:

• It's a third (or subsequent) OWI offense, counting all prior convictions over the driver's lifetime with no expiration — punishable as a felony (generally 1 to 5 years in prison, with a mandatory minimum jail term).
• The OWI causes serious injury to another person (OWI causing serious impairment of a body function).
• The OWI causes death (OWI causing death), which carries the most severe penalties under the statute.

Having a child passenger in the vehicle during an OWI is also treated as a separate aggravating offense under Michigan law (child endangerment during OWI), even on a first offense. Exact charging decisions depend on the facts of the stop — confirm specifics with a Michigan defense attorney.

What to Do After a DUI/OWI Arrest in Michigan

1. Note the date of arrest immediately. If you refused any chemical test, your 14-day window to request a Secretary of State implied consent hearing starts running now — this is the single most time-sensitive step, and missing it forfeits your right to contest the suspension.
2. Locate any paperwork you were given, especially a DI-93 form or notice of suspension, and read the deadline printed on it.
3. Contact a Michigan-licensed criminal defense attorney as soon as possible — ideally within days, not weeks — since both the implied consent hearing request and early steps in the criminal case move fast.
4. Do not assume the criminal case and the license suspension are linked. They run on separate tracks with separate deadlines; resolving one does not automatically resolve the other.
5. Ask about a restricted or hardship license and whether an ignition interlock device is required or advisable in your situation.
6. Confirm your case's exact court, charge level, and any prior-offense lookback issues with your attorney, since a decades-old prior conviction can still affect felony exposure under Michigan's lifetime lookback for third offenses.
7. Avoid driving on a suspended license — doing so typically adds new, separate criminal exposure on top of the OWI case.

This article is general legal information about Michigan law, not legal advice, and is not a substitute for consulting a Michigan-licensed attorney or the Michigan Department of State about your specific situation.