Understanding Michigan's OWI Laws: What You Need to Know Before Spring Break
Understanding Michigan's OWI Laws: What You Need to Know Before Spring Break
Spring break is right around the corner, and for many college students and vacationers, that means road trips, parties, and nights out. While having fun is the goal, it’s essential to stay informed about Michigan’s
Operating While Intoxicated (OWI) laws to avoid legal trouble that could impact your future. Michigan has strict laws regarding drunk and drugged driving, and an OWI charge can have
serious legal and financial consequences.
In this guide, we’ll break down Michigan’s OWI laws, blood alcohol content (BAC) limits, potential penalties, and ways to avoid impaired driving charges. Whether you’re a Michigan resident or just visiting, knowing the law can help you make safe and informed choices this spring break.
What Is an OWI in Michigan?
In Michigan, Operating While Intoxicated (OWI) is the legal term for what most states call DUI (Driving Under the Influence) or DWI (Driving While Intoxicated). The law prohibits drivers from operating a vehicle while impaired by alcohol, drugs, or both.
You can be charged with OWI if:
- Your BAC is 0.08% or higher (0.02% for drivers under 21).
- You show visible signs of impairment, regardless of BAC.
- You have any amount of a Schedule 1 drug in your system (such as cocaine, heroin, or methamphetamine), even if you appear sober.
Michigan also has a High BAC offense, commonly known as the Super Drunk Law, which applies if your BAC is 0.17% or higher. This comes with harsher penalties.
Understanding BAC Limits and Michigan’s Zero Tolerance Law
Michigan enforces strict BAC limits based on age and circumstances:
- 21 and Older: 0.08% BAC is the legal limit.
- Under 21: 0.02% BAC (Michigan has a Zero Tolerance Law for underage drinking and driving, meaning even a small amount of alcohol can lead to a charge.)
- Commercial Drivers: 0.04% BAC.
Even if your BAC is below 0.08%, you can still be charged with Operating While Visibly Impaired (OWVI) if the officer believes alcohol or drugs negatively impacted your driving ability.
Penalties for an OWI in Michigan
Michigan has strict penalties for OWI offenses, even for first-time offenders. The severity of the punishment depends on factors like BAC level, prior offenses, and whether there was an accident.
First-Time OWI Offense
A first OWI conviction is considered a misdemeanor. The penalties include up to 93 days in jail, fines ranging from $100 to $500, and a license suspension of up to 180 days. Additional penalties may include installing an ignition interlock device (IID), which requires the driver to pass a breathalyzer test before starting the vehicle. Offenders may also be required to complete up to 360 hours of community service. Furthermore, a first-time conviction results in six points added to the driving record, which can increase insurance rates significantly.
Second OWI Offense (Within 7 Years)
A second OWI within seven years is also classified as a misdemeanor but carries harsher penalties. A convicted individual faces a minimum of five days and up to one year in jail, fines ranging from $200 to $1,000, and mandatory license revocation for at least one year. Additionally, the court may order vehicle immobilization or forfeiture, meaning the car could be confiscated. Community service requirements can reach up to 90 days, and installing an IID is mandatory. The conviction also results in six points added to the driver’s record, impacting insurance rates and employment opportunities.
Third OWI Offense (Felony Charge)
A third OWI offense is classified as a felony, leading to significant legal consequences. A conviction results in one to five years of prison time, fines between $500 and $5,000, and a minimum of five years of license revocation. Courts may also impose vehicle immobilization or forfeiture, making it impossible for offenders to legally drive for a long period. Additional penalties include up to 180 days of community service and a permanent felony record, which can severely impact future employment, housing, and financial stability. Six points are added to the driving record, further complicating matters for offenders.
High BAC (“Super Drunk” OWI) Offense
Michigan has enhanced penalties for drivers with a BAC of 0.17% or higher, commonly referred to as the Super Drunk Law. A first-time offender faces up to 180 days in jail, fines ranging from $200 to $700, and a one-year license suspension. Installing an IID is mandatory once driving privileges are restored. Offenders must also complete up to 360 hours of community service. These heightened penalties are designed to deter excessive drinking and driving, emphasizing the dangers of high-level impairment.
Additional Consequences
Beyond the legal penalties, an OWI conviction carries severe long-term consequences that extend into personal and professional life:
- Higher insurance rates: Auto insurance premiums typically skyrocket after an OWI conviction, often doubling or tripling.
- Job loss or difficulty finding employment: Many employers conduct background checks, and a criminal record can limit job opportunities.
- Travel restrictions to certain countries: Some countries, including Canada, have strict entry policies for individuals with OWI convictions.
- Permanent criminal record (for felony offenses): A felony OWI conviction can limit voting rights, gun ownership, and housing opportunities.
Can You Refuse a Breathalyzer Test in Michigan?
Michigan follows implied consent laws, meaning if you refuse a breathalyzer test when pulled over for suspected OWI, you will face automatic penalties, including:
- First refusal: One-year driver’s license suspension
- Second refusal (within 7 years): Two-year license suspension
- Six points added to your driving record
While you can refuse a preliminary roadside breath test (PBT), refusing a chemical test after arrest results in these penalties. Additionally, law enforcement can obtain a warrant for a blood test.
How to Avoid an OWI Charge During Spring Break
Spring break is a time for fun, but safety should always come first. Here are some ways to avoid an OWI charge:
- Use a Designated Driver – If you plan on drinking, make sure someone in your group stays sober and drives.
- Take an Uber, Lyft, or Taxi – Rideshare services are a safer and cheaper alternative to an OWI charge.
- Stay Overnight – If you’re drinking at a friend’s house, plan to stay overnight rather than risk driving home.
- Know Your Limits – Even if you think you’re under the limit, alcohol affects everyone differently. If you feel impaired, don’t drive.
- Avoid Peer Pressure – Don’t let friends pressure you into driving if you’ve been drinking.
- Be Aware of Medication Interactions – Some prescription medications can amplify impairment when mixed with alcohol.
- Plan Ahead – Before heading out, figure out your transportation plan so you don’t have to make last-minute, risky decisions.
Final Thoughts: Stay Safe and Informed This Spring Break
Michigan takes OWI offenses seriously, and the consequences can be life-changing. Understanding the laws, BAC limits, and potential penalties can help you make better decisions this spring break and beyond. The best way to avoid an OWI charge is simple: don’t drive impaired. Plan ahead, use a designated driver, and always have a backup transportation option.
Need Legal Help? If you’ve been charged with an OWI in Michigan, Coppins Law Group, PLLC can help. Contact us for a free consultation to discuss your case and explore your legal options.
This blog is for informational purposes only and does not constitute legal advice. For specific legal concerns, please consult with a licensed attorney.

