State service guide

Michigan DUI laws: OWI terminology, 14-day refusal appeals, and the high-BAC interlock rule

Michigan's official sources do not treat every DUI search as one offense chart. The state primarily uses OWI and OWVI terminology, layers in a separate high-BAC rule at 0.17 or higher, uses zero-tolerance rules for drivers under 21, and applies a 0.04 threshold in commercial vehicles. The practical Michigan details are the 14-day implied-consent hearing deadline after a chemical-test refusal, the restricted-license-with-interlock option after 45 days for a first high-BAC conviction, and the fact that repeat alcohol cases often turn into Secretary of State hearing and restoration problems rather than simple ticket matters.

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Adult and high-BAC thresholds Michigan treats adult OWI at 0.08 BAC or higher and high BAC at 0.17 or higher
Youth and CDL thresholds Drivers under 21 are in violation at 0.02 or any bodily alcohol content, and CDL alcohol cases start at 0.04 in a commercial motor vehicle
Refusal appeal window A chemical-test refusal notice must be challenged within 14 days
High-BAC first-offense license rule A first high-BAC conviction can bring a 1-year suspension, with restricted operation after 45 days only if ignition-interlock rules are met

Overview

What this page helps you verify

A useful Michigan DUI laws page should start by translating the search term into Michigan's actual categories. Adult cases are usually OWI or OWVI matters, first-offense high BAC is its own lane, drivers under 21 face separate any-bodily-alcohol-content rules, CDL drivers have a lower commercial threshold, and a chemical-test refusal creates a separate implied-consent suspension track with its own short hearing deadline. That structure matters more than a generic first-offense DUI checklist.

Last reviewed: 2026-05-18. This page was manually upgraded against service-specific official sources, but requirements can still change quickly.

Usually needed

Documents and information to prepare

  • The citation, arrest paperwork, and any Notice of Suspension or DI-93 refusal form connected to the alcohol or drug case
  • Any court records, conviction paperwork, or proof of completion for an ordered alcohol treatment program in a high-BAC case
  • A hearing request and any testing or arrest evidence you plan to use if you are contesting an implied-consent refusal suspension
  • If the case has reached revocation or restoration status, the Michigan hearing forms, substance-use evaluation, laboratory drug screen, and current ignition-interlock report the Secretary of State requires

Typical flow

What the process often looks like

  1. Identify the exact Michigan lane first: OWI, OWVI, high BAC, under-21 bodily alcohol content, CDL alcohol, chemical-test refusal, or a repeat-offender restoration problem.
  2. Treat the criminal charge and the Secretary of State licensing side as related but separate matters, because Michigan's implied-consent and restoration rules have their own deadlines and evidence requirements.
  3. If the issue is a chemical-test refusal, act quickly because Michigan's notice says the hearing request must be mailed within 14 days.
  4. If the case is a high-BAC or repeat alcohol matter, check the license consequences early so you know whether you are dealing with restricted-interlock eligibility, a suspension, or a restoration hearing packet.

Terminology and thresholds

Michigan DUI searches should be translated into OWI, OWVI, high-BAC, under-21, and CDL lanes

This is the first correction a state-specific page should make.

  • Michigan's OWI statute covers being under the influence or having an alcohol content of 0.08 or more, and it creates a separate high-BAC offense at 0.17 or more.
  • Michigan State Police says a driver can still be arrested at any BAC level if signs of impairment are present.
  • For drivers under 21, Michigan's any-bodily-alcohol-content rule covers 0.02 up to under 0.08 and also reaches any presence of alcohol from consumption.
  • Michigan's separate commercial statute makes 0.04 up to under 0.08 an alcohol offense in a commercial motor vehicle.

First-offense adult consequences

A first adult OWI below 0.17 and a first high-BAC conviction do not carry the same practical consequences

This is where Michigan's public state guidance is more useful than a generic first-offense DUI chart.

  • Michigan State Police says a first offense below 0.17 can bring up to a $500 fine, up to 93 days in jail, up to 360 hours of community service, up to a 180-day license suspension, and 6 points.
  • For a first offense at 0.17 or higher, the same page lists up to a $700 fine, up to 180 days in jail, up to 360 hours of community service, up to a 1-year license suspension, and 6 points.
  • Michigan separately requires mandatory completion of an alcohol treatment program for that first high-BAC conviction.
  • The official high-BAC guidance also says restricted driving after 45 days depends on ignition-interlock use and compliance.

Refusal and implied consent

Michigan's chemical-test refusal track moves fast and limits the hearing to a few specific questions

This deadline-and-scope structure is one of the most important practical rules in the state.

  • Michigan's DI-93 refusal notice says that if you do not appeal within 14 days, your operator's or chauffeur's license or operating privilege will be automatically suspended.
  • Michigan State Police says a first refusal leads to a 1-year suspension, and a second refusal within seven years leads to a 2-year suspension.
  • The same refusal notice says six points will be added to the driving record.
  • The DI-93 form says the hearing is limited to whether the officer had reasonable grounds, whether you were arrested for a covered offense, whether a refusal was reasonable, and whether you were advised of your rights.

Under-21, drug, and commercial rules

Michigan keeps youth, drug, and commercial alcohol cases on separate tracks instead of folding them into adult OWI

This is where generic DUI pages usually flatten important state-specific differences.

  • Michigan's statute says a person under 21 who violates the any-bodily-alcohol-content rule on a first offense may be ordered to perform community service and may be fined up to $250.
  • The Secretary of State's offense list assigns 4 points to the under-21 bodily alcohol content offense, while OWI and high-BAC convictions are 6-point offenses.
  • Michigan State Police says drivers with any amount of a Schedule 1 controlled substance or cocaine are subject to the same fines and penalties as drunk drivers, with a narrow exception for valid medical-marijuana-card holders where impairment still must be shown.
  • The Secretary of State's offense list also keeps the CDL alcohol offense separate, with the 0.04 commercial threshold tied to hearing-related licensing consequences.

Repeat offenses and restoration

Repeat alcohol cases escalate quickly, and Michigan now mixes restoration rules with limited first-offense expungement relief

This is the practical Michigan angle many benchmark pages miss.

  • Michigan's OWI statute says a second OWI or OWVI-type offense within seven years carries a fine of $200 to $1,000 plus 5 days to 1 year in jail and 30 to 90 days of community service.
  • After 2 or more prior convictions, Michigan treats the offense as a felony with 1 to 5 years in prison or probation with jail and mandatory community service.
  • The Secretary of State's restoration materials list OWI, OWVI, high BAC, under-21 BAC, and CDL alcohol offenses among the substance-abuse cases that can require hearing review and supporting records.
  • Michigan's hearing-request page says alcohol- or drug-related restoration cases require a substance-use evaluation and a 12-panel laboratory urinalysis drug screen.
  • The Attorney General says first-time OWI convictions on or after February 19, 2022 may be eligible to be set aside after 5 years under limited conditions, but injury-or-death OWI is not eligible and only one impaired or intoxicated offense can be set aside in a lifetime.

Accuracy notes

Where people get tripped up

  • Michigan DUI content should not collapse the state into one adult 0.08 chart. The official materials separate OWI, OWVI, high BAC, under-21 bodily alcohol content, CDL alcohol, and refusal cases.
  • The 14-day implied-consent refusal deadline is a major Michigan-specific trap and should be presented as a separate administrative issue, not buried inside the criminal-offense summary.
  • High-BAC cases need their own treatment because Michigan adds mandatory alcohol treatment and ties restricted operation to ignition-interlock compliance after 45 days.
  • Repeat Michigan alcohol cases are often as much a Secretary of State restoration problem as a criminal-sentencing problem, so hearing-packet requirements matter.
  • If expungement is mentioned, keep the date and limits precise: the Attorney General's page ties first-offense OWI set-aside eligibility to convictions on or after February 19, 2022 and a 5-year waiting period.

FAQ

Common questions

  • Does Michigan use DUI or OWI?

    Michigan's statutes and most official licensing materials primarily use OWI and OWVI rather than DUI. A Michigan DUI page should explain those actual offense categories instead of using one generic label.

  • What counts as high BAC in Michigan?

    Michigan's high-BAC offense starts at 0.17. For a first offense, the official Michigan State Police summary says it can bring up to a 1-year suspension, mandatory alcohol treatment, and restricted driving after 45 days only with ignition interlock compliance.

  • What happens if I refuse a chemical test in Michigan?

    Michigan's implied-consent notice says you must request a hearing within 14 days. A first refusal brings a 1-year suspension, a second refusal within seven years brings a 2-year suspension, and the refusal adds 6 points.

  • Is there a separate Michigan rule for drivers under 21?

    Yes. Michigan uses an any-bodily-alcohol-content rule for drivers under 21. The statute covers 0.02 up to under 0.08 and also any presence of alcohol from consumption, and the Secretary of State offense list treats it as a 4-point offense.

  • Can a first Michigan OWI ever be expunged?

    Sometimes. The Michigan Attorney General says a first-time OWI conviction on or after February 19, 2022 may be eligible to be set aside after a 5-year waiting period, but only one impaired or intoxicated offense can be set aside in a lifetime and OWI causing injury or death is not eligible.

Sources

Official references used for this page

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