Start with Mich. Comp. Laws § 257.625. In Michigan, BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21; high BAC / super drunk at 0.17%. A first offense: First-offense OWI is typically a misdemeanor with fines, possible jail, license suspension, and treatment; super-drunk first offenses carry longer mandatory suspensions. Felony threshold: A third OWI within a defined period, or OWI causing death/serious injury, can be a felony. That is the question this guide answers for DUI penalties. Lookback: Prior OWI convictions within 7 years enhance; lifetime priors matter for felony Habitual Offender tracks.. Ignition interlock: Ignition interlock is commonly required for restricted licenses after alcohol-related driving convictions.
Blood alcohol limits in Michigan
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21; high BAC / super drunk at 0.17%
Lookback window for prior offenses
Prior OWI convictions within 7 years enhance; lifetime priors matter for felony Habitual Offender tracks.
How the Michigan rule applies
Apply the Michigan authorities in order. The facts are simplified so the statute and the standard are visible.
A driver in Michigan is charged with a first impaired-driving offense and wants to know what the statute actually sets.
- Start with the alcohol limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21; high BAC / super drunk at 0.17%
- Read the first-offense range: First-offense OWI is typically a misdemeanor with fines, possible jail, license suspension, and treatment; super-drunk first offenses carry longer mandatory suspensions.
- Ask when the charge becomes a felony: A third OWI within a defined period, or OWI causing death/serious injury, can be a felony. Lookback: Prior OWI convictions within 7 years enhance; lifetime priors matter for felony Habitual Offender tracks.
- Interlock: Ignition interlock is commonly required for restricted licenses after alcohol-related driving convictions.
Michigan OWI under MCL 257.625 proceeds in district or circuit court with parallel Secretary of State actions. Defense reviews the stop and DataMaster record.
First-offense penalties
First-offense OWI is typically a misdemeanor with fines, possible jail, license suspension, and treatment; super-drunk first offenses carry longer mandatory suspensions.
When a Michigan DUI becomes a felony
A third OWI within a defined period, or OWI causing death/serious injury, can be a felony.
Ignition interlock and license consequences
Ignition interlock is commonly required for restricted licenses after alcohol-related driving convictions.
How a typical Michigan DUI case unfolds
Michigan OWI under MCL 257.625 proceeds in district or circuit court with parallel Secretary of State actions. Defense reviews the stop and DataMaster record.
Related Michigan guides
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Case law: DUI penalties in Michigan
People v. Schaefer; People v. Large — Corrigan, J., concurring
People v. Schaefer; People v. Large — Corrigan, J., concurring, 473 Mich. 418 (2005)
…le while the blood alcohol content is 0.10. *449It’s either driving under the influence, or driving with a blood alcohol content of 0.10. And as a result of so operating a motor vehicle, causes the death of another person. Those are the elements of Count 1 [OUIL causing death],... So, if you find in Count 1 [OUIL causing death] that the defendant operated a motor vehicle under…
Practitioners open People v. Schaefer; People v. Large — Corrigan, J., concurring when Michigan DUI penalties turns on the distinction in this sentence: "It’s either driving under the influence, or driving with a blood alcohol content of 0.10. And as a result of so operating a motor vehicle, causes the death of another person. Those are the elements of Count 1 [OUIL causing death],..." Do not lift it out of the facts the court was deciding.
People v. Lambert
People v. Lambert, 395 Mich. 296 (1975)
…the jury concerning the distinction between the offense of driving under the influence of intoxicating liquor 6 7 (DUIL) and the offense of driving while the ability to operate a vehicle is visibly impaired 8 (IMPAIRED). The trial judge, after describing the elements of each offense, then attempted to distinguish between them. When doing so he said: "The legal difference betwe…
Michigan opinions such as People v. Lambert are cited where DUI penalties is disputed. The court stated: "DUIL) and the offense of driving while the ability to operate a vehicle is visibly impaired 8 (IMPAIRED). The trial judge, after describing the elements of each offense, then attempted to distinguish between them." That is the language to brief; the rest of the decision supplies the procedural posture.
People v. Wager
People v. Wager, 460 Mich. 118 (1999)
…tent evidence” bearing on the question whether a driver was driving under the influence or otherwise in violation of this portion of the statute. MCL 257.625a(7); MSA 9.2325(1)(7). B Despite the absence of such a requirement in the statutory section, the Court of Appeals has developed the principle that a blood test is inadmissible unless given within “a reasonable time.” Peopl…
Michigan opinions such as People v. Wager are cited where DUI penalties is disputed. The court stated: "MCL 257.625a(7); MSA 9.2325(1)(7). B Despite the absence of such a requirement in the statutory section, the Court of Appeals has developed the principle that a blood test is inadmissible unless given within “a reasonable time." That is the language to brief; the rest of the decision supplies the procedural posture.
McNITT v. CITCO DRILLING COMPANY; GILBERT v. LEACH
McNITT v. CITCO DRILLING COMPANY; GILBERT v. LEACH, 397 Mich. 384 (1976)
…n consent" to a blood alcohol test if he is "arrested while driving under the influence of intoxicating liquor or while his ability to operate a vehicle has been impaired due to the consumption of intoxicating liquor".[4] It is also provided, however, that "[a] person under arrest shall be advised of his right to refuse to submit to chemical tests; and if he refuses the request…
Michigan opinions such as McNITT v. CITCO DRILLING COMPANY; GILBERT v. LEACH are cited where DUI penalties is disputed. The court stated: "n consent' to a blood alcohol test if he is 'arrested while driving under the influence of intoxicating liquor or while his ability to operate a vehicle has been impaired due to the consumption of intoxicating liquor'.[4] It is also provided, however, that '[a] person under arres" That is the language to brief; the rest of the decision supplies the procedural posture.
People v. Keen
People v. Keen, 396 Mich. 573 (1976)
…en consent” to a blood alcohol test if he is arrested while driving under the influence of intoxicating liquor or while his ability to drive has been impaired due to the consumption of intoxicating liquor. Section 625d provides, however, that "[a] person under arrest shall be advised of his right to refuse to submit to chemical tests; and if he refuses the request of a law enfo…
Practitioners open People v. Keen when Michigan DUI penalties turns on the distinction in this sentence: "en consent” to a blood alcohol test if he is arrested while driving under the influence of intoxicating liquor or while his ability to drive has been impaired due to the consumption of intoxicating liquor. Section 625d provides, however, that '[a] person under arrest shall be adv" Do not lift it out of the facts the court was deciding.
Key takeaways
- BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21; high BAC / super drunk at 0.17%
- Lookback period: Prior OWI convictions within 7 years enhance; lifetime priors matter for felony Habitual Offender tracks.
- First-offense range: First-offense OWI is typically a misdemeanor with fines, possible jail, license suspension, and treatment; super-drunk first offenses carry longer mandatory suspensions.
- Felony threshold: A third OWI within a defined period, or OWI causing death/serious injury, can be a felony.
- Ignition interlock: Ignition interlock is commonly required for restricted licenses after alcohol-related driving convictions.
- Primary authority: Mich. Comp. Laws § 257.625.
Frequently asked questions
What is the legal BAC limit in Michigan?
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21; high BAC / super drunk at 0.17%
Is a first DUI a felony in Michigan?
A third OWI within a defined period, or OWI causing death/serious injury, can be a felony.
Will I need an ignition interlock device?
Ignition interlock is commonly required for restricted licenses after alcohol-related driving convictions.
This guide covers Michigan impaired-driving law as of 2026. Sentencing grids, administrative DMV rules, and local diversion programs change — verify the live statute and speak with counsel about your charging document.