What is the difference between Michigan OWI and OWVI?

Michigan has two primary impaired driving offenses: OWI (Operating While Intoxicated) and OWVI (Operating While Visibly Impaired). OWI (MCL 257.625(1)): charged when the driver's BAC is 0.08% or higher (per se standard), OR when any amount of a controlled substance is in the driver's body. The BAC test result itself establishes per se OWI without additional proof of impairment. OWVI (MCL 257.625(3)): charged when the driver is impaired to any extent that affects their ability to operate a motor vehicle — even with a BAC below 0.08%, or when the driver refuses testing and visual impairment is observable. OWVI carries lower penalties than OWI: maximum 93 days vs. 93 days (same maximum), but different mandatory minimums and license consequences; OWVI carries a 90-day restricted license (vs. 30-day hard suspension + 150-day restricted for OWI). Critical trap: an OWVI conviction counts as a 'prior conviction' for escalation purposes — if you get an OWVI and then an OWI within 7 years, the OWI is charged as a 'second offense' even though the first offense was only OWVI. This makes OWVI convictions more consequential for future driving record purposes than many defendants initially understand.

What is Michigan's 'super drunk' law and when does it apply?

Michigan's 'super drunk' law (MCL 257.625(1)(c)) applies when a driver's blood alcohol content is 0.17% or higher — more than double the standard 0.08% per se limit. Super drunk is a separate, enhanced OWI charge with significantly more serious penalties than standard OWI: up to 180 days in jail (vs. 93 for standard OWI); mandatory 45-day hard license suspension followed by 10.5 months of restricted driving with a mandatory IID (ignition interlock device); $200-$700 fine; mandatory rehabilitation program. The 0.17% threshold is specific — a driver at 0.16% faces standard OWI, not super drunk. Blood tests are more accurate for these BAC ranges than breathalyzers, and blood test evidence at 0.17%+ is difficult to challenge on accuracy grounds. Super drunk charges frequently arise from accidents and serious incidents. For defendants facing super drunk charges, defense strategies include: challenging the traffic stop; challenging the blood draw procedure (warrant, collection protocol, chain of custody); challenging lab analysis procedures; and evaluating whether all Miranda protections were observed. The mandatory IID requirement for the restricted period is a practical burden — IIDs require multiple daily tests, regular maintenance appointments, and monthly monitoring fees.

I refused the breath test in Michigan. What happens to my license?

Refusing chemical testing in Michigan triggers automatic consequences under the implied consent law (MCL 257.625c): (1) First refusal: 1-year license suspension (imposed by the Secretary of State, not the court — a civil/administrative action separate from criminal charges); 6 points assessed on driving record; (2) Second refusal within 7 years: 2-year license suspension + 6 points. These administrative consequences are separate from and in addition to any criminal OWI penalties. Additionally, your refusal is admissible at trial as evidence against you — the prosecution can tell the jury you refused testing and argue this shows 'consciousness of guilt.' The administrative suspension for refusal happens automatically unless you request a hearing within 14 days of the arrest. At the hearing (conducted by the Secretary of State's Office of Hearings and Administrative Oversight), you can challenge the implied consent violation on procedural grounds. Challenging a refusal suspension requires moving quickly — 14 days is a strict deadline. Weigh the risk carefully: a failed breath test (over 0.08%) triggers the standard OWI administrative suspension (30 days hard + 150 days restricted) while refusal triggers a 1-year suspension — but the test result cannot be used against you if you refuse (though the refusal itself can be).

What are the consequences of a second OWI in Michigan?

A second OWI offense within 7 years (counting any prior OWI, super drunk, OWVI, or similar offense) is significantly more serious in Michigan: Criminal penalties: mandatory minimum 5 days in jail (48 hours must be served consecutively); maximum 1 year jail; $200-$1,000 fine; 30-90 days community service; probation up to 2 years. License consequences: minimum 1-year revocation (not just suspension — revocation is total loss of license, requiring re-application after the revocation period); IID required for any license restoration after the revocation period; designated as a 'habitual offender' flag in DMV records. The 1-year revocation is meaningfully different from suspension: during suspension, you automatically regain driving privileges after the suspension period; after revocation, you must petition the Secretary of State for license restoration and may be required to demonstrate sobriety, complete treatment, and pass additional tests. Michigan's 7-year lookback for second offense escalation is an important consideration — an old OWI conviction more than 7 years ago doesn't count for second-offense escalation (but may still count for the 10-year lookback for third offense). Record: second OWI convictions are NOT eligible for expungement in Michigan.

My child was in the car when I was arrested for OWI in Michigan. Does that change things?

Yes — significantly. Operating while intoxicated with a passenger under 16 is a separate felony in Michigan under MCL 257.625(7). This 'OWI with minor passenger' charge applies regardless of whether the OWI would otherwise be a first offense misdemeanor: it's a felony because the minor was present. Penalties: up to 5 years in prison; $500-$5,000 fine; mandatory 1-year license suspension with restricted license after 6 months; IID required on restricted license. The felony charge is in addition to the underlying OWI charge — so a defendant can face both the OWI misdemeanor (or super drunk) AND the separate felony for the minor passenger. Additionally, the presence of a child in the vehicle almost certainly triggers mandatory reporting to the Michigan Department of Health and Human Services (DHHS) for child welfare investigation — an OWI arrest with a minor in the vehicle routinely results in both criminal proceedings and a CPS investigation, potentially affecting custody arrangements if a family court proceeding is pending. Any OWI involving a minor passenger should be treated by the defendant as a serious felony case requiring immediate experienced criminal defense representation.

DUI & Traffic Laws in Michigan (2026)

A more practical Michigan DUI & Traffic Violations guide: suspension pressure, the overlooked paperwork that changes strategy, and clearer timing

Useful dui & traffic violations guidance for Michigan focused on BMV notice handling, suspension pressure, records that matter, and how to avoid avoidable early damage.

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Key Takeaways

OWI (not DUI): 0.08% per se standard; OWVI (visibly impaired) is lesser charge — both count as priors for escalation
Super drunk: 0.17%+ BAC = enhanced charge; 180 days max jail; 45-day hard suspension + 10.5 months restricted with mandatory IID
Implied consent refusal: 1-year license suspension (separate from criminal penalty); 14-day deadline to request hearing
Second OWI within 7 years: mandatory 5-day jail; 1-year revocation (must re-apply, not automatic restoration)
OWI with minor under 16: automatic felony (MCL 257.625(7)); up to 5 years prison, regardless of first/subsequent status

Key Numbers — Michigan All 50 states →

Filing Deadline 3 years

Fault Rule Modified Comparative

Insurance System No-Fault

Key Statute MCL § 600.5805

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Michigan OWI Law — Key Facts

Michigan calls it OWI (Operating While Intoxicated) — not DUI; MCL 257.625
Per se: 0.08% BAC (standard); 0.17% BAC triggers "super drunk" enhanced penalties
OWVI (Operating While Visibly Impaired): separate offense; lower standard than OWI; counts as prior for OWI escalation
First-offense OWI: up to 93 days jail; $100-$500 fine; 30-day hard suspension + 150-day restricted

Michigan's impaired driving law (MCL 257.625) uses the term OWI (Operating While Intoxicated), not DUI. Michigan has a distinctive "super drunk" provision for BAC of 0.17% or higher — a separate enhanced offense with higher minimum penalties. Michigan also has OWVI (Operating While Visibly Impaired), a lesser offense that can be charged when impairment is visible even without a BAC test or when BAC is below 0.08%. Michigan's implied consent law (MCL 257.625c) requires chemical testing and makes refusal admissible at trial and a basis for enhanced penalties.

Michigan OWI Offense Levels

Michigan's impaired driving charges from least to most serious:

OWVI (Operating While Visibly Impaired): Lower standard — officer can see impairment regardless of BAC; MCL 257.625(3); 93 days maximum; 90-day restricted license
OWI (0.08-0.16% BAC): Standard per se threshold; MCL 257.625(1); 93 days maximum; 30-day hard suspension + 150-day restricted license
Super Drunk OWI (0.17%+ BAC): Enhanced offense; MCL 257.625(1)(c); 180 days maximum; mandatory 45-day hard suspension + 10.5 months restricted with IID
Second OWI (within 7 years): 5 days to 1 year jail mandatory; $200-$1,000 fine; license revocation 1 year minimum
Third OWI (within 10 years): Felony; 1-5 years prison; $500-$5,000 fine; license revocation 5 years minimum

Michigan's OWVI (Visibly Impaired) conviction counts as a prior offense for purposes of escalation to second/third OWI — a OWVI followed by an OWI within 7 years means the OWI is treated as a "second offense" regardless of the first charge being only OWVI.

Michigan's "Super Drunk" Law

Michigan's "super drunk" provision (MCL 257.625(1)(c)) applies when a driver's BAC is 0.17% or higher — more than twice the legal limit. Super drunk penalties are substantially enhanced compared to standard OWI: up to 180 days in jail (vs. 93 days for standard OWI); $200-$700 fine; mandatory IID installation after the 45-day hard suspension period; 12 months of restricted license with mandatory IID. The "super drunk" label is informal — the official Michigan charge is "OWI with a BAC of 0.17% or higher." Blood test results above 0.17% are common in fatal and serious injury accidents, and "super drunk" convictions significantly increase the penalties for those circumstances.

Michigan's implied consent law (MCL 257.625c) requires drivers to submit to chemical testing when lawfully arrested for OWI. Refusal consequences: 6-point license violation; 1-year license suspension for first refusal (2 years for second refusal within 7 years); refusal is admissible at trial as evidence of consciousness of guilt. Unlike some states, Michigan's implied consent license suspension for refusal is separate from and in addition to any OWI criminal conviction suspension.

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Michigan OWI Offense Levels

Michigan's "Super Drunk" Law

Michigan Implied Consent and License Consequences

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