Michigan OWI penalties for a first offense.
A first offense OWI in Michigan is a misdemeanor under MCL 257.625 carrying up to 93 days in jail, a fine of $100 to $500, up to 360 hours of community service, 6 points on your driving record, and a license suspension of 30 days followed by 150 days of restricted driving. If your blood alcohol level was 0.17 or higher, the penalties get noticeably steeper. Most first offenders don't end up in jail, but the license, insurance, and record consequences are very real.
If you've just been charged, the maximums above are the legal ceiling, not a prediction of what will happen to you. What actually happens depends on the facts, the court, and how the case is handled. Here's the full picture, verified against current Michigan law.
What counts as OWI in Michigan?
Michigan law gives prosecutors a few different theories under MCL 257.625. The most common is operating while intoxicated: driving with a bodily alcohol content of 0.08 or more, or while alcohol or drugs substantially affected your ability to drive. There's also a separate, more serious High BAC offense for drivers at 0.17 or more, and a lesser offense called operating while visibly impaired, or OWVI. Which version you're convicted of matters a lot, because the penalties differ at every level.
What are the penalties for a standard first offense OWI?
For a first OWI conviction with a BAC under 0.17, Michigan law allows:
- Up to 93 days in jail
- A fine of $100 to $500, plus court costs
- Up to 360 hours of community service
- 6 points on your driving record
- A 30 day license suspension with no driving at all, followed by 150 days of restricted driving
- Possible vehicle immobilization and probation with testing and treatment conditions
In practice, judges sentence most first offenders to probation rather than jail. Expect alcohol education or treatment, testing, fines and costs, and close supervision. Jail stays on the table, though, especially where there's an accident, a very high BAC, or a bad driving record.
How do OWI, High BAC, and OWVI compare?
Here's how the three first offense levels stack up side by side:
| Penalty | OWVI | OWI | High BAC (0.17+) |
|---|---|---|---|
| Maximum jail | 93 days | 93 days | 180 days |
| Fine | Up to $300 | $100 to $500 | $200 to $700 |
| Community service | Up to 360 hours | Up to 360 hours | Up to 360 hours |
| License | 90 days restricted, no hard suspension | 30 days suspended, then 150 days restricted | 1 year suspension: 45 days hard, then restricted |
| Ignition interlock | No | No | Yes, required for restricted driving |
| Points | 4 | 6 | 6 |
What is the High BAC "super drunk" law?
If your chemical test came back at 0.17 or higher, you face Michigan's enhanced High BAC offense. The jail maximum roughly doubles to 180 days, the fine range rises to $200 to $700, and the license consequences are the part most people feel: a one year suspension, with no driving of any kind for the first 45 days. After that, you can drive on a restricted basis for the rest of the year, but only in a vehicle fitted with a breath alcohol ignition interlock device, and the court will typically require an alcohol treatment or self help program as well.
High BAC charges are also worth fighting over precisely because the gap between 0.17 and 0.16 is the gap between a year of interlock restrictions and a standard suspension. Breath testing devices have margins of error, calibration histories, and operator requirements, and we examine all of it. That's a core part of what we do as a criminal defense firm.
What about operating while visibly impaired (OWVI)?
OWVI is the lesser offense in the family, and it's a common outcome of plea negotiations in first offense cases. It still allows up to 93 days in jail and up to 360 hours of community service, but the fine tops out at $300, you get 4 points instead of 6, and critically, there's no hard suspension. You receive 90 days of restricted driving and never lose the ability to get to work. For many clients, getting an OWI reduced to OWVI is the difference between keeping a job and losing one.
What are the collateral consequences nobody mentions?
The court file is only part of the cost. Insurance is usually the biggest long term expense: after an OWI conviction, expect your rates to climb sharply for years, and some carriers will drop you altogether. Employment can take a hit too, especially if you drive for work, hold a professional license, or face background checks. And the 6 points stay on your driving record, where employers and insurers can see them.
The license timeline also has traps. Driving outside your restrictions during the suspension period is a new criminal charge, not a paperwork problem. And if a second offense ever follows within seven years, you're no longer looking at a suspension at all but a full revocation, which can only be undone through the Secretary of State hearing process described on our driver's license restoration page.
Can a first OWI be expunged?
For decades the answer was no. That changed on February 19, 2022, when Michigan began allowing one OWI conviction per lifetime to be set aside by application. It's not automatic: you apply to the court, generally five years after your sentence, including probation, is complete, and the judge decides whether you've earned it. Even when granted, the set aside removes the conviction from your public criminal record but not from your Secretary of State driving record. We cover the wider set aside law in our guide to Michigan expungement and the Clean Slate Act.
The expungement option changes the long game. A first OWI handled well today doesn't have to follow you forever. But the best version of "handled well" starts at the beginning of the case, not five years later. If you want to understand the full sequence from arrest through sentencing, start with our walkthrough of what happens after an OWI arrest in Michigan, then call us. We handle OWI cases every week in Dearborn, Wyandotte, and courts across Metro Detroit.
Quick answers
Will I go to jail for a first OWI in Michigan?
Jail is legally possible, up to 93 days for a standard first offense OWI and up to 180 days for a High BAC conviction, but most first offenders receive probation, fines, and treatment conditions instead. The judge, the facts of the stop, and your record all factor in.
How long will I lose my license for a first OWI?
A standard first offense OWI brings a 30 day suspension with no driving, followed by 150 days of restricted driving. A High BAC conviction (0.17 or more) brings a one year suspension, with no driving for the first 45 days and restricted driving after that only with an ignition interlock installed.
Can a first OWI be expunged in Michigan?
Yes. Since February 19, 2022, Michigan allows one OWI conviction per lifetime to be set aside by application. You generally must wait five years after your sentence, including probation, is complete, and the judge has discretion to grant or deny it. The conviction still stays on your Secretary of State driving record.
Related reading
- What Happens After an OWI Arrest in Michigan?
- How to Get Your Michigan Driver's License Back
- Criminal Defense at D.C. Law