Michigan’s OWI/OWVI / DUI Penalities

The following charts show the penalties for drunk driving and license suspension violations in Michigan.

Crime 1st Offense 2nd Offense
OWI/OWVI 

—625(1)

Misdemeanor 

Fine/Jail/Comm Svc:

1 or more of the following:

Up to 93 days jail; $100 – $500 fine; up to 45 days comm svc

Licensing: 30/150 days susp./rest.

Plate conf: None

Immob: Permissive up to 180 days

Reg Deny: None

Forf: None

Misdemeanor 

Fine/Jail/Comm Svc:

$200 – $1000 fine And one or more of the following: 5 days to 1 year jail;
30-90 days comm svc.

Licensing: minimum 1 year revocation/denial

Plate conf: Required

Immob: Required 90 to 180 days unless forfeited.

Reg Deny: None

Forf: Permissive

1st Offense 2nd Offense
OWVI 

—625(3)

Misdemeanor 

Fine/Jail/Comm Svc:

1 or more of the following:

Up to 93 days jail; up to $300 fine; up to 45 days comm svc.

Licensing: 90 days rest.

Plate conf: None

Immob: Permissive up to 180 days

Reg Deny: None

Forf: None

Misdemeanor 

Fine/Jail/Comm Svc:

$200 – $1000 fine And one or more of the following: 5 days to 1 year jail;
30-90 days comm svc.

Licensing: minimum 1 year revocation/denial

Plate conf: Required

Immob: Required 90 to 180 days unless forfeited

Reg Deny: None

Forf: Permissive

1st Offense 2nd Offense
Zero Tolerance 

—625(6)

Misdemeanor 

Fine/Jail/Comm Svc:

Up to $250 fine OR up to 60 days comm svc, or both.

Licensing: 30 days rest.

Plate conf: None

Immob: None

Reg Deny: None

Forf: None

Misdemeanor 

Fine/Jail/Comm Svc:

One or more of the following: up to 60 days comm svc; up to $500 fine; up
to 93 days jail.

Licensing: 90 day susp OR if prior —625 then minimum 1 year
revocation/denial

Plate conf: None

Immob: None

Reg Deny: None

Forf: None

1st Offense 2nd Offense
Child Endangerment 

—625(7)

Misdemeanor 

Fine/Jail/Comm Svc:

$200 – $1000 fine AND one or more of the following: 5 days to 1 year jail;
30-90 days comm svc.

Licensing: 90/90 susp./rest.

Plate conf: None

Immob: Permissive up to 180 days

Reg Deny: None

Forf: Permissive

Felony 

Fine/Jail/Comm Svc:

$500 – $5000 fine And either of the following: 1-5 years prison; probation
with 30 days to 1 year jail AND 60-180 days comm svc.

Licensing: minimum 1 year revocation/denial

Plate conf: Required

Immob: Required 90 to 180 days unless forfeited

Reg Deny: None

Forf: Permissive

1st Offense 2nd Offense
Endangerment – Zero Tolerance w/occupant < 16 Misdemeanor 

Fine/Jail/Comm Svc:

One or more of the following: up to 60 days comm svc; up to $500
fine; up to 93 days in jail.

Licensing: 90/90 susp./rest.

Plate conf: see 1st, 2nd offense

Immob: see 1st & 2nd

Reg Deny: None

Forf: Permissive

Misdemeanor 

Fine/Jail/Comm Svc:

$200 – $1000 fine AND one or more of the following: 5 days to 1
year jail; 30-90 days comm svc.

Licensing: revoke

Plate conf: see 1st, 2nd offense

Immob: see 1st & 2nd

Reg Deny: None

Forf: Permissive

1st Offense 2nd Offense
.04 CDL (Commercial Drivers License) 

—625m(1)

Misdemeanor 

Fine/Jail/Comm Svc:

Up to $300 fine OR up to 93 days jail, or both

Licensing: CDL – 1 year susp., OPR 90 days rest., HAZ – 3 year susp.

Plate conf: None

Immob: Permissive up to 180 days

Reg Deny: None

Forf: None

Misdemeanor 

Fine/Jail/Comm Svc:

Up to $1000 fine OR up to 1 year prison, or both

Licensing: CDL – minimum 10 yr rev., OPR 1 yr rev./den.

Plate conf: Required

Immob: Required 90 to 180 days

Reg Deny: None

Forf: None

1st Offense 2nd Offense
Drug Law Violations Misdemeanor 

ALL

Licensing: 30/150 susp./rest.

Misdemeanor 

ALL

Licensing: 60/365 susp./rest.

The following chart shows the penalties for Driving While License Suspended (DWLS)

DWLS
—904(1)
Knowing Allowed Someone to DWLS
—904(2)
1st Offense (no *priors) 

*For purposes of immobilization, priors are defined are prior mandatory
additional suspension/revocation imposed pursuant to 904(10), (11), and
(12); not prior convictions of DWLS

Misdemeanor 

Fine/Jail/Comm Svc:

Up to 93 days jail; up to $500 fine, or both.

Licensing: Mandatory addtional under —904(10), (11), and (12).

Plate conf: None

(Cancel upon notice by officer)

Immob: None

Reg Deny: None

Forf: None

Same sanctions as shown to the left
DWLS
—904(1)
Knowing Allowed Someone to DWLS
—904(2)
2nd Offense or 1 *prior 904 susp. within 7 years Misdemeanor 

Fine/Jail/Comm Svc:

Up to 1 year jail; up to $1000 fine, or both.

Licensing: Mandatory additional under —904(10), (11) and (12).

Plate conf: None

(Cancel upon notice by officer)

Immob: Permissive up to 180 days

Reg Deny: None

Forf: None

Same sanctions as shown to the left
DWLS
—904(1)
Knowing Allowed Someone to DWLS
—904(2)
3rd Offense or 2 *prior 904 susp. within 7 years Misdemeanor 

Criminal – Same

Licensing: Mandatory additional under —904(10), (11), and (12).

Plate conf: Required

Immob: 90 to 180 days

Reg Deny: None

Forf: None

Same sanctions as shown to the left
DWLS
—904(1)
Knowing Allowed Someone to DWLS
—904(2)
4th Offense or 3 *prior 904 susp. within 7 years Misdemeanor 

Criminal – Same

Licensing: Mandatory additional under —904(10), (11), and (12).

Plate conf: Required

Immob: 90 to 180 days

Reg Deny: Required

Forf: None

Same sanctions as shown to the left
DWLS
—904(1)
Knowing Allowed Someone to DWLS
—904(2)
5th Offense or 4 *prior 904 susp. within 7 years Misdemeanor 

Criminal – Same

Licensing: Mandatory additional under —904(10), (11) and (12).

Plate conf: Required

Immob: 1 – 3 years

Reg Deny: Required

Forf: None

Same sanctions as shown to the left

License Suspension: Minors in Possession of Alcohol, minor Transports or Possesses Alcohol in Motor Vehicle

1st Offense None
2nd Offense Suspended 90-180 days 

Restricted Available After 30 days.

3rd Offense Suspended 180 days – 1 year 

Restricted Available After 60 days.

  1. Screening and Additional Costs. All Convictions for alcohol related driving offenses require the judge to order the defendant to undergo screening for substance abuse, and rehabilitation may be part of any sentence, all at defendant’s expense. [MCL 257.625b(5)] In addition, the defendant may be ordered to pay the cost of prosecution. [MCL 257.625(12)]
  2. License Suspensions and Restrictions. The maximum possible license sanction that may be imposed will be based upon the master driving record maintained by the Secretary of State under MCL 257.204. [MCL 257.625b(4)].Sentences and licensing action also apply to a person convicted of an attempted violation of any of the offenses listed above as if the offense had been completed. [MCL 257.204b(b)]Anyone driving while license suspended or revoked is also subject to license suspension or revocation for a like period of the original suspension or revocation.
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 Michigans OWI/OWVI / DUI Penalities

Patrick T. Barone

Principal at Barone Defense Firm
Patrick T. Barone has successfully handled 1000s of Michigan DUI cases. He has an “AV” (highest) rating from Martindale-Hubbell, and since 2009 has been included in the highly selective US News & World Report’s America’s Best Lawyers while The Barone Defense Firm appears in their companion America’s Best Law Firms. He has been rated “Seriously Outstanding” by SuperLawyers, rated “Outstanding/10.0” by AVVO and has recently been appointed to the advisory board for the Michigan edition of Leading Lawyers Magazine. He is also the author of two books on DUI defense including the well-respected two volume treatise Defending Drinking Drivers, and Michigan DUI Law: A Citizen’s Guide. He had also authored chapters in Defending DUI Vehicular Homicide Cases, 2012/2014 eds. (Aspatore Books). Mr. Barone formerly served as the executive editor of The DWI Journal: Law & Science (Whitaker Newsletters, Inc.). Mr. Barone is also an adjunct professor at the Thomas M. Cooley Law School where he teaches Drunk Driving Law and Practice, on the faculty of the Michigan Trial Practice College, and is a graduate of the Gerry Spence Trial Lawyer’s College.
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