OWI Penalties
MCL 257.625 — first, within seven years, and the third
| The conviction | The sentence the section sets |
|---|---|
| The convictionOperating while intoxicated, first | The sentence the section setsA misdemeanor: 1 or more of up to 93 days, a fine of $100 to $500, and up to 360 hours of community service |
| The conviction0.17 or more, first | The sentence the section setsA misdemeanor: 1 or more of up to 180 days, a fine of $200 to $700, and up to 360 hours of community service |
| The convictionWithin 7 years of a prior conviction | The sentence the section setsA fine of $200 to $1,000, and 5 days to 1 year in jail, 30 to 90 days of community service, or both |
| The convictionAfter 2 or more prior convictions, however long ago | The sentence the section setsA felony: a fine of $500 to $5,000, and 1 to 5 years in prison, or probation with 30 days to 1 year in jail and 60 to 180 days of community service |
Operating while visibly impaired carries, for a first conviction, 1 or more of up to 93 days, a fine of not more than $300, and up to 360 hours of community service. Within 7 years of a prior conviction, and after 2 or more, it climbs the same way the table does.
A driver under 21 with any bodily alcohol content faces up to 360 hours of community service, a fine of not more than $250, or both. Within 7 years of a prior conviction, it is 1 or more of up to 60 days of community service, a fine of up to $500, and up to 93 days.
A repeat offense: no suspended jail, and the vehicle immobilized. On an operating while intoxicated conviction within 7 years of a prior one, or after 2 or more, a jail or prison term may not be suspended unless the defendant agrees to take part in a specialty court program and completes it. On those convictions the court orders the vehicle immobilized unless it is forfeited, and on the felony probation route at least 48 hours of the jail term are served consecutively.
The owner of a vehicle, or a person in charge of it, who authorizes or knowingly permits a person who is under the influence or over the limit to drive it commits a separate offense: up to 93 days, a fine of $100 to $500, or both. Where that driving kills someone it is a felony of up to 5 years, and where it causes a serious impairment of a body function, up to 2 years.
The court may also order the costs of prosecution. The license sanctions that go with each conviction are set out in other sections of the vehicle code and are not covered here.
Sources for this section (1)
- MCL 257.625 — Operating while intoxicated, and operating while visibly impaired
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.