WHAT EACH CHARGE CARRIES
23 charges people actually meet, each with the section it comes from, what it requires the state to show, and the most it can carry. Michigan does not number its crimes by degree. Each offense says whether it is a misdemeanor or a felony and sets its own longest term and its own fine, so every level here names both, read from the offense's own section.
23 charges
Operating while intoxicated
93 DAY to 15 YEAR · up to 15 years
Also searched as OWI, DUI, drunk driving, driving drunk, super drunk, high BAC
Operating a vehicle on a highway or other place open to the public while under the influence of alcohol, a controlled substance or another intoxicating substance, or with an alcohol content of 0.08 grams or more per 100 milliliters of blood, 210 liters of breath or 67 milliliters of urine.
| Level | Up to | When |
|---|---|---|
| 93 DAYMisdemeanor, 93 days | 93 days$100 to $500 fine | WhenA first conviction |
| 180 DAYMisdemeanor, 180 days | 180 days$200 to $700 fine | WhenA first conviction at 0.17 or more |
| 1 YEARMisdemeanor, 1 year | 1 year$200 to $1,000 fine | WhenWithin 7 years of a prior conviction |
| 5 YEARFelony, 5 years | 5 years$500 to $5,000 fine | WhenAfter 2 or more prior convictions, however long ago |
| 5 YEARFelony, 5 years | 5 years$1,000 to $5,000 fine | WhenCausing serious impairment of a body function |
| 15 YEARFelony, 15 years | 15 years$2,500 to $10,000 fine | WhenCausing a death |
A first conviction is punishable by 1 or more of the jail term, the fine, and up to 360 hours of community service. The license sanctions that go with each conviction are in other sections of the vehicle code.
Operating while visibly impaired
93 DAY to 5 YEAR · up to 5 years
Also searched as OWVI, impaired driving, visibly impaired, reduced OWI
Operating a vehicle on a highway or other place open to the public when, because of alcohol, a controlled substance or another intoxicating substance, the ability to operate it is visibly impaired.
| Level | Up to | When |
|---|---|---|
| 93 DAYMisdemeanor, 93 days | 93 days$300 fine | WhenA first conviction |
| 1 YEARMisdemeanor, 1 year | 1 year$200 to $1,000 fine | WhenWithin 7 years of 1 prior conviction |
| 5 YEARFelony, 5 years | 5 years$500 to $5,000 fine | WhenAfter 2 or more prior convictions, however long ago |
Fleeing and eluding
2 YEAR to 15 YEAR · up to 15 years
Also searched as fleeing, running from the police, did not pull over, eluding, fleeing a police officer
A driver signaled to stop by a uniformed police or conservation officer in an identified official vehicle who willfully fails to obey, by speeding up, turning off the lights, or otherwise trying to flee or elude the officer.
| Level | Up to | When |
|---|---|---|
| 2 YEARFelony, 2 years | 2 years$500 fine | WhenFourth degree: the ordinary case |
| 5 YEARFelony, 5 years | 5 years$1,000 fine | WhenThird degree: a collision, any part of it where the limit is 35 miles an hour or less, or a prior fourth degree conviction |
| 10 YEARFelony, 10 years | 10 years$5,000 fine | WhenSecond degree: serious injury to anyone, or the prior convictions the section lists |
| 15 YEARFelony, 15 years | 15 years$10,000 fine | WhenFirst degree: a death |
Driving while license suspended
93 DAY to 15 YEAR · up to 15 years
Also searched as DWLS, driving on a suspended license, driving while revoked, no license, never licensed
Operating a motor vehicle on a highway or other place open to the public while the license or registration is suspended or revoked, after a license application was denied, or without ever having applied for a license.
| Level | Up to | When |
|---|---|---|
| 93 DAYMisdemeanor, 93 days | 93 days$500 fine | WhenA first violation |
| 1 YEARMisdemeanor, 1 year | 1 year$1,000 fine | WhenAfter a prior conviction |
| 5 YEARFelony, 5 years | 5 years$1,000 to $5,000 fine | WhenCausing serious impairment of a body function |
| 15 YEARFelony, 15 years | 15 years$2,500 to $10,000 fine | WhenCausing a death |
The two felony levels do not apply where the license was suspended for failing to answer a citation or comply with an order or judgment. On a first violation the registration plates are canceled unless the vehicle was stolen or its owner did not knowingly allow an unlicensed driver.
Resisting and obstructing an officer
2 YEAR to 20 YEAR · up to 20 years
Also searched as resisting arrest, obstruction, obstructing, R and O, resisting, interfering with police
Assaulting, battering, wounding, resisting, obstructing, opposing or endangering a person the individual knows or has reason to know is performing their duties, among them police officers, sheriffs and conservation officers. Obstructing includes a knowing failure to comply with a lawful command.
| Level | Up to | When |
|---|---|---|
| 2 YEARFelony, 2 years | 2 years$2,000 fine | WhenThe ordinary case |
| 4 YEARFelony, 4 years | 4 years$5,000 fine | WhenCausing a bodily injury that needs medical attention or care |
| 15 YEARFelony, 15 years | 15 years$10,000 fine | WhenCausing serious impairment of a body function |
| 20 YEARFelony, 20 years | 20 years$20,000 fine | WhenCausing a death |
Assault, or assault and battery
93 DAY · up to 93 days
Also searched as assault, battery, simple assault, A and B, hit someone, fight
Assaulting, or assaulting and battering, another person, where no other punishment is prescribed by law.
| Level | Up to | When |
|---|---|---|
| 93 DAYMisdemeanor, 93 days | 93 days$500 fine | WhenThe ordinary case |
| 93 DAYMisdemeanor, 93 days | 93 days$1,000 fine | WhenThe victim was a health professional or medical volunteer performing their duties |
Domestic assault
93 DAY to 5 YEAR · up to 5 years
Also searched as domestic violence, DV, domestic battery, hit my partner, domestic
Assaulting, or assaulting and battering, a spouse or former spouse, a person in a dating relationship now or before, a person the individual has had a child with, or a resident or former resident of the household.
| Level | Up to | When |
|---|---|---|
| 93 DAYMisdemeanor, 93 days | 93 days$500 fine | WhenA first offense |
| 1 YEARMisdemeanor, 1 year | 1 year$1,000 fine | WhenAfter 1 prior conviction for assaulting such a person |
| 5 YEARFelony, 5 years | 5 years$5,000 fine | WhenAfter 2 or more prior convictions |
Felonious assault
4 YEAR · up to 4 years
Also searched as assault with a dangerous weapon, ADW, assault with a weapon, pulled a knife
Assaulting another person with a gun, knife, iron bar, club, brass knuckles or other dangerous weapon, without intending to commit murder or to inflict great bodily harm.
| Level | Up to | When |
|---|---|---|
| 4 YEARFelony, 4 years | 4 years$2,000 fine | WhenThe ordinary case |
| 4 YEARFelony, 4 years | 4 years$4,000 fine | WhenThe victim was a health professional or medical volunteer performing their duties |
Stalking
1 YEAR to 5 YEAR · up to 5 years
Also searched as stalking, harassment, following someone, won't leave me alone
A willful course of conduct, 2 or more separate acts, of repeated or continuing harassment that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed or molested, and actually causes the victim to feel that way.
| Level | Up to | When |
|---|---|---|
| 1 YEARMisdemeanor, 1 year | 1 year$1,000 fine | WhenThe ordinary case, including between spouses, dating partners or members of a household |
| 5 YEARFelony, 5 years | 5 years$10,000 fine | WhenThe victim was under 18 and the individual is 5 or more years older |
Larceny
93 DAY to 10 YEAR · up to 10 years
Also searched as theft, stealing, larceny, took something
Stealing another person's money, goods or other property of the kinds the section lists.
| Level | Up to | When |
|---|---|---|
| 93 DAYMisdemeanor, 93 days | 93 days$500 or 3 times the value, whichever is greater fine | WhenWorth less than $200 |
| 1 YEARMisdemeanor, 1 year | 1 year$2,000 or 3 times the value, whichever is greater fine | WhenWorth $200 or more but less than $1,000 |
| 5 YEARFelony, 5 years | 5 years$10,000 or 3 times the value, whichever is greater fine | WhenWorth $1,000 or more but less than $20,000 |
| 10 YEARFelony, 10 years | 10 years$15,000 or 3 times the value, whichever is greater fine | WhenWorth $20,000 or more |
Prior convictions can move a theft up a level, as the section lists.
Retail fraud
93 DAY to 5 YEAR · up to 5 years
Also searched as shoplifting, retail fraud, price switching, return fraud, stealing from a store
In a store or its immediate vicinity: stealing property offered for sale while the store is open, changing or hiding a price to pay less, or getting a refund or exchange for property that was not paid for.
| Level | Up to | When |
|---|---|---|
| 93 DAYMisdemeanor, 93 days | 93 days$500 or 3 times the value, whichever is greater fine | WhenThird degree: less than $200 |
| 1 YEARMisdemeanor, 1 year | 1 year$2,000 or 3 times the value, whichever is greater fine | WhenSecond degree: $200 or more but less than $1,000 |
| 5 YEARFelony, 5 years | 5 years$10,000 or 3 times the value, whichever is greater fine | WhenFirst degree: $1,000 or more, or second degree with a prior conviction the section lists |
Trespass
30 DAY · up to 30 days
Also searched as trespassing, criminal trespass, refused to leave, told to leave
Entering another's land or premises after being forbidden to by the owner, occupant or agent, remaining after being told to leave, or entering fenced or posted farm property without consent.
| Level | Up to | When |
|---|---|---|
| 30 DAYMisdemeanor, 30 days | 30 days$250 fine | WhenEvery case. The section has one level. |
Disorderly person
90 DAY · up to 90 days
Also searched as disorderly conduct, drunk and disorderly, public intoxication, window peeping, indecent conduct
Being one of the persons the section lists, among them a person intoxicated in a public place who endangers another's safety or property or causes a public disturbance, a person engaged in indecent or obscene conduct in public, a window peeper, and a person jostling or roughly crowding people in public.
| Level | Up to | When |
|---|---|---|
| 90 DAYMisdemeanor, 90 days | 90 days$500 fine | WhenThe ordinary case |
Minor in possession
CIVIL to 60 DAY · up to 60 days
Also searched as MIP, underage drinking, minor in possession, minor consuming
A person under 21 buying, drinking or possessing alcohol, trying to, or having any bodily alcohol content, outside the exceptions the section lists.
| Level | Up to | When |
|---|---|---|
| CIVILCivil infraction | No jail$100 fine | WhenA first violation |
| 30 DAYMisdemeanor, 30 days | 30 days$200 fine | WhenAfter 1 prior judgment. Jail only where the court finds a probation violation, treatment or community service not completed, or a fine unpaid |
| 60 DAYMisdemeanor, 60 days | 60 days$500 fine | WhenAfter 2 or more prior judgments, with jail on the same condition |
Carrying a concealed weapon
5 YEAR · up to 5 years
Also searched as CCW, carrying concealed, gun without a license, pistol in the car, concealed knife
Carrying a pistol concealed on the person, or in a vehicle the person operates or occupies, without a license to carry it or outside its restrictions, or carrying a dagger, dirk, stiletto or other dangerous weapon concealed. A person's own dwelling, place of business and land are excepted.
| Level | Up to | When |
|---|---|---|
| 5 YEARFelony, 5 years | 5 years$2,500 fine | WhenEvery case. The section has one level. |
Concealed pistol license: carrying, showing and disclosing
CIVIL · no jail
Also searched as did not tell the officer about my gun, failure to disclose, CPL, no license on me
A licensee carrying a concealed pistol who does not have the license and a driver license or state ID on them, does not show both when an officer asks, or does not immediately tell an officer at a stop that they are carrying.
| Level | Up to | When |
|---|---|---|
| CIVILCivil infraction | No jail$100 fine | WhenNot carrying, or not showing, the license and the ID |
| CIVILCivil infraction | No jail$500, and the license suspended for 6 months fine | WhenNot disclosing at a stop, a first offense |
Loaded firearm in a vehicle
2 YEAR · up to 2 years
Also searched as loaded rifle in the car, loaded shotgun in the truck, transporting a loaded firearm
Transporting or possessing a loaded firearm other than a pistol, or a loaded pneumatic gun firing metal pellets above .177 caliber, in or on a vehicle, boat or aircraft, except as the law otherwise permits.
| Level | Up to | When |
|---|---|---|
| 2 YEARMisdemeanor, 2 years | 2 years$2,500 fine | WhenEvery case. The section has one level. |
Brandishing a firearm in public
90 DAY · up to 90 days
Also searched as brandishing, waving a gun, pulled a gun, showed a gun
Willfully and knowingly brandishing a firearm in public, other than by a peace officer on duty or a person lawfully acting in self defense or defense of another.
| Level | Up to | When |
|---|---|---|
| 90 DAYMisdemeanor, 90 days | 90 days$100 fine | WhenEvery case. The section has one level. |
Firearm under the influence
93 DAY to 15 YEAR · up to 15 years
Also searched as drunk with a gun, carrying while intoxicated, gun and alcohol
Carrying, possessing, using or discharging a firearm while under the influence of alcohol or a controlled substance, or with an alcohol content of 0.08 or more.
| Level | Up to | When |
|---|---|---|
| 93 DAYMisdemeanor, 93 days | 93 days$100 fine | WhenCarrying or possessing |
| 93 DAYMisdemeanor, 93 days | 93 days$500 fine | WhenUsing or discharging |
| 5 YEARFelony, 5 years | 5 years$1,000 to $5,000 fine | WhenCausing serious impairment of a body function |
| 15 YEARFelony, 15 years | 15 years$2,500 to $10,000 fine | WhenCausing a death |
Possession of a controlled substance
1 YEAR to LIFE · up to Life or any term of years
Also searched as possession, drug charge, POCS, possession of cocaine, possession of heroin, caught with pills
Knowingly or intentionally possessing a controlled substance without a valid prescription or practitioner's order, or other authorization under the article.
| Level | Up to | When |
|---|---|---|
| 1 YEARMisdemeanor, 1 year | 1 year$2,000 fine | WhenLysergic acid diethylamide, peyote, mescaline, dimethyltryptamine, psilocyn or psilocybin, or a schedule 5 substance |
| 2 YEARFelony, 2 years | 2 years$2,000 fine | WhenMost other schedule 1 through 4 substances |
| 4 YEARFelony, 4 years | 4 years$25,000 fine | WhenA schedule 1 or 2 narcotic, or a drug the section names by reference, under 50 grams |
| 20 YEARFelony, 20 years | 20 years$250,000 fine | WhenThe same, 50 grams or more but less than 450 |
| 30 YEARFelony, 30 years | 30 years$500,000 fine | WhenThe same, 450 grams or more but less than 1,000 |
| LIFEFelony, life | Life or any term of years$1,000,000 fine | WhenThe same, 1,000 grams or more |
Marijuana possession by adults is governed by the adult use act, on the marijuana page, rather than by this ladder.
Eavesdropping
2 YEAR · up to 2 years
Also searched as recording without consent, illegal recording, wiretapping, secretly recorded
Willfully using any device to eavesdrop on a private conversation without the consent of all parties, whether present or not, or knowingly getting someone else to.
| Level | Up to | When |
|---|---|---|
| 2 YEARFelony, 2 years | 2 years$2,000 fine | WhenEvery case. The section has one level. |
Whether a participant recording their own conversation is eavesdropping at all is taken up on the recording page.
Leaving the scene of an accident
90 DAY to 15 YEAR · up to 15 years
Also searched as hit and run, leaving the scene, failure to stop, drove off after a crash
A driver who knows or has reason to believe they were in an accident on property open to travel by the public not stopping immediately and remaining until the vehicle code's duties are done, or reporting immediately to the police where the sections allow that instead.
| Level | Up to | When |
|---|---|---|
| 90 DAYMisdemeanor, 90 days | 90 days$100 fine | WhenDamage to a vehicle someone was driving or attending |
| 1 YEARMisdemeanor, 1 year | 1 year$1,000 fine | WhenInjury to anyone |
| 5 YEARFelony, 5 years | 5 years$5,000 fine | WhenSerious impairment of a body function, or a death |
| 15 YEARFelony, 15 years | 15 years$10,000 fine | WhenA death, after an accident the driver caused |
Holding or using a phone while driving
CIVIL · no jail
Also searched as texting and driving, hands free law, phone ticket, distracted driving
Holding or using a mobile electronic device while operating a motor vehicle, outside the exceptions the section lists.
| Level | Up to | When |
|---|---|---|
| CIVILCivil infraction | No jail$100, or 16 hours of community service, or both fine | WhenA first violation |
| CIVILCivil infraction | No jail$250, or 24 hours of community service, or both fine | WhenA second or later violation |
The fine doubles where the driver was at fault in an accident. 3 or more violations within 3 years bring a court ordered driver improvement course.
Every level, for reference
Each level is the longest term an offense on this page sets, misdemeanors first. Fines are set offense by offense, so each charge above states its own.
- CIVILCivil infractionNo jail
- 30 DAYMisdemeanor, 30 days30 days
- 60 DAYMisdemeanor, 60 days60 days
- 90 DAYMisdemeanor, 90 days90 days
- 93 DAYMisdemeanor, 93 days93 days
- 180 DAYMisdemeanor, 180 days180 days
- 1 YEARMisdemeanor, 1 year1 year
- 2 YEARMisdemeanor, 2 years2 years
- 2 YEARFelony, 2 years2 years
- 4 YEARFelony, 4 years4 years
- 5 YEARFelony, 5 years5 years
- 10 YEARFelony, 10 years10 years
- 15 YEARFelony, 15 years15 years
- 20 YEARFelony, 20 years20 years
- 30 YEARFelony, 30 years30 years
- LIFEFelony, lifeLife or any term of years
Words on a charging document
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Any bodily alcohol contentFor a minor under the liquor code, 0.02 or more, or any presence of alcohol from drinking outside a religious service or ceremony.
- Civil demandA written demand a store may send for the retail price of property not recovered, plus civil damages of 10 times the retail price, not less than $50 and not more than $200.
- Course of conductA pattern of 2 or more separate acts showing a continuity of purpose, which stalking requires.
- Disorderly personThe statute's name for a list of misdemeanors, among them being intoxicated in a public place while endangering others or causing a public disturbance, indecent conduct in public, and window peeping.
- Felonious assaultAn assault with a gun, knife, club or other dangerous weapon: a felony of up to 4 years, a fine of $2,000, or both.
- Fleeing and eludingA driver willfully failing to obey an officer's signal to stop by speeding up, turning off the vehicle's lights, or otherwise trying to flee or elude.
- High BACAn alcohol content of 0.17 or more, the higher tier of the OWI section. A first conviction carries 1 or more of up to 180 days, a fine of $200 to $700, and up to 360 hours of community service.
- Interim bondMoney posted with the arresting officer, a supervisor, or the sheriff or deputy in charge of the jail, after an arrest for a misdemeanor punishable by not more than 1 year, when no magistrate is available.
- ObstructUnder the resisting and obstructing statute, the use or threatened use of physical interference or force, or a knowing failure to comply with a lawful command.
- Retail fraudTaking goods, switching or hiding a price to pay less, or getting a refund for goods never paid for, in a store or its immediate vicinity while it is open.
- Setting aside a convictionMichigan's term for expungement: an order after which the person is considered, for purposes of the law, not to have been previously convicted, with the exceptions the act lists.
- Unconsented contactContact begun or continued without the person's consent or against their expressed wish, such as following, calls, messages, or showing up at home or work.
About this guide — maximums, not predictions. What a specific case carries turns on priors, the facts, and the court, and only a licensed Michigan attorney can tell you what yours is. Current as of September 2026.