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State Laws - Michigan

Situation Imprisonment License Suspension Refusing BAC Test from Police Fines Ignition Interlock Device Required
1st Offense Up to 93 days Up to 6 months 1 year license suspension $100 - $500 Possible
2nd Offense 5 days to 1 year Minimum 1 year 2 year license suspension $200 - $1,000 Yes
3rd Offense 30 days to 1 year Minimum 1 year 5 year license suspension $200 - $1,000 Yes


Category Illegal When
Under 21 Zero Tolerance
21 or older BAC of 0.08% or higher
Commercial BAC of 0.04% or higher


* First and subsequent OWI Offense

For committing an OWI offense in state of Michigan, an offender will be subject to:

  • Pay the fines.
    • $100 - $500 for 1st offense.
    • $200 - $5,000 for 2nd and subsequent offenses.
  • Serve jail time and/or complete community service hours.
    • Up to 93 days in jail and up to 360 hours of community service for the 1st offense.
    • 5 days to a year in jail and/or 180 days of community service and/or serve on probation with 30 days to 1 year in jail for 2nd and subsequent offenses.
  • Serve license suspension and license restriction time.
    • 30 days license suspension followed by 150 days of license restrictions for 1st offense.
    • 1 - 5 years license suspension for 1-5 years for 2nd and subsequent offenses.
  • Vehicle immobilization from 90 days to 3 years or vehicle forfeiture for 2nd and subsequent offenses.
  • Confiscation of license plates for 2nd and subsequent offenses.
  • Installation of an ignition interlock device from a state approved vendor.
  • Pay driver responsibility fees.
    • $500 - $1,000 for 2 consecutive years for 1st offense.
    • $1,000 for 2 consecutive years for 2nd and subsequent offenses.

* Note the following information only applies for drivers over the age of 21.

For more information, please contact the State of Michigan Secretary of State.

Disclaimer: While we try to keep information up to date and relevant on our website, we recognize that there are other factors that can affect the way laws will apply to individual cases. Always consult with your attorney, local courts, judges and district attorneys for all relevant legal information.


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