Michigan DUI/DWI Laws: Penalties, Court Process, and Records

Across the country, driving while drunk (DWI) and driving under the influence (DUI) are grave crimes. Although the phrases DUI and DWI are still often used, the actual legal designations in Michigan are Operating While Intoxicated (OWI) and Operating While Visibly Impaired (OWVI). Driving violations involving drugs or alcohol are punishable by severe penalties in Michigan, with repeat offenders facing harsher penalties..

What Is an OWI (DUI/DWI) in Michigan?

A driver is guilty of operating a motor vehicle while under the following circumstances, as defined by Michigan Vehicle Code §257.625.

• With a BAC of 0.08% or higher (standard OWI)
• With a BAC of 0.17% or higher (High BAC or “Super Drunk” law)
• With a BAC of 0.04% or higher for commercial drivers
• With any alcohol content if under age 21 (zero tolerance law)
• While impaired by drugs, controlled substances, or a combination

Additionally, Michigan recognizes OWVI (Operating While Visibly Impaired), which is applicable when a driver's capacity to drive a vehicle is obviously compromised, even if their blood alcohol content is less than 0.08%.

DUI/OWI Penalties in Michigan

For some repeat offenses, Michigan has a seven-year lookback period; however, some upgrades take lifetime history into account.

• First OWI Offense (Misdemeanor):
  • This offense could attract a jail term of up to 93 days
  • Offenders may need to pay a fine of $100 to $500
  • It could lead to their license being suspended for 30 days, followed by a 150-day restricted license
  • They may be required to get an ignition interlock device (IID)
  • It could also lead to community service up to 360 hours
• High BAC OWI (BAC ≥0.17%, First Offense):
  • This could get offenders a prison sentence of up to 180 days
  • Offenders could pay $200 to $700 in fines
  • Their license could be suspended for 1 year (restricted after 45 days with an IID)
  • Offenders may have to face mandatory alcohol treatment
• Second OWI Offense (within 7 years, Misdemeanor):
  • This offense could attract jail time of 5 days to 1 year
  • It could come with a fine of anywhere from $200 to $1,000
  • Offenders may see their license being revoked for at least 1 year
  • They may be required to get an IID after the reinstatement of their license
  • The vehicle may also be immobilized for 90 to 180 days
• Third OWI Offense (Felony):
  • This could lead to 1 to 5 years in prison (or 30 days to 1 year in jail with probation)
  • Offenders may be required to pay a fine, anywhere from $500 to $5,000
  • Their driver’s license may be revoked for at least 5 years
  • They may have to undergo vehicle forfeiture or immobilization for up to 3 years
• OWVI Penalties:
  • This is a misdemeanor charge
  • This could lead to 93 days in jail
  • It could lead to fines of up to $300
  • It could also lead to a 90-day restricted license (180 days if drugs are involved)

Aggravating factors, such as causing harm or death, can lead to felony charges and up to 15 years in jail.

DUI Arrest and Court Process in Michigan

Michigan’s OWI process includes both administrative and criminal components:

1. Traffic Stop and Arrest – Officers conduct field sobriety and chemical tests. Refusal leads to automatic license suspension under Michigan’s implied consent law.
2. Booking and Charges – The accused is fingerprinted, booked, and charged.
3. Administrative License Suspension – The Secretary of State imposes license restrictions or revocations. Drivers may contest in a hearing.
4. Arraignment – The defendant appears in court, hears charges, and enters a plea.
5. Pre-Trial Hearings – Motions may challenge chemical tests or arrest procedures.
6. Trial – If no plea agreement is reached, the case proceeds to trial.
7. Sentencing – Upon conviction, penalties include jail, fines, suspension, IID, and treatment.

Sobriety Courts, which concentrate on treatment and monitoring for repeat or high-risk offenders and frequently shorten jail sentences in exchange for rigorous supervision, are also run by certain Michigan courts.

How to Search for DUI/OWI Records in Michigan

DUI/OWI records in Michigan are public but accessed through specific agencies:

• Michigan Courts Online (MiCOURT): Public access to case information by name or case number is made available by Michigan Courts Online (MiCOURT).
• Michigan Secretary of State – Driver Records: Driver records kept by the Michigan Secretary of State include convictions for OWI/OWVI, suspensions, and IID requirements. A driver's own record may be requested.
• County Circuit and District Courts: Certified copies of case files and sentencing records should be provided by the county circuit and district courts.
• Michigan State Police (MSP): The Michigan State Police (MSP) keeps track of background checks for criminal histories upon request.
• Third-Party Background Check Services: Services that provide third-party background checks may not always provide completely accurate OWI/DUI information.

Typical record details include BAC, conviction type, penalties, and license consequences.

How Long Does a DUI Stay on Your Record in Michigan?

Michigan law keeps DUI/OWI convictions for long periods:

• Criminal Record: A conviction for OWI is irreversible. However, if a court grants it, a first-time OWI charge may be eligible for expungement after five years under the 2021 expungement reforms. Repeat misdemeanors and felony OWIs are not eligible.
• Driving Record: Although an OWI conviction counts toward punishment for repeat offenses within seven years, it remains on a Michigan driver's record for life.
• Insurance and Employment: OWI convictions may appear on employer background checks indefinitely and usually result in a 5- to 10-year increase in insurance costs.

OWI and OWVI statutes in Michigan provide severe penalties for driving while intoxicated, ranging from fines and brief jail terms to felony charges and long prison terms. Unless a first offense qualifies for expungement, convictions remain permanently on criminal histories, and records are available to the public through Michigan's courts and the Secretary of State.

Understanding Michigan's OWI regulations is essential for researchers, companies, and drivers due to the serious and long-lasting repercussions.