In Michigan, drunk driving is charged as OWI — Operating While Intoxicated — not "DUI." Whatever you call it, it is a criminal charge, not an ordinary traffic ticket, and the consequences are serious: jail exposure, a criminal record, license sanctions, and points. This guide explains how Michigan classifies impaired driving, what the penalties look like, and why an OWI is something you should never try to handle on your own.
An OWI is a criminal offense with the possibility of jail and a permanent record. It cannot be resolved by paying a fine online. If you have been charged, you need a criminal defense attorney — this guide is background, not a substitute for legal advice.
Key Takeaways
- Michigan says OWI, not DUI — the legal charge is Operating While Intoxicated — plus OWVI and OWPD for related offenses.
- 0.08% is the limit — 0.17%+ is High BAC ("super drunk") with enhanced penalties; under 21 is zero tolerance at 0.02%.
- A first offense is a misdemeanor — but a serious one — up to 93 days jail, fines, license sanctions, and 6 points.
- OWI adds 6 points, OWVI adds 4 — and OWI carries a hard license suspension that OWVI does not.
- This needs a defense attorney — subscribers who submit an OWI are connected with a criminal defense specialist through our referral network.
OWI, OWVI, OWPD: Michigan's impaired-driving charges
Michigan law separates impaired driving into a few distinct charges, and which one you face matters a great deal:
- OWI — Operating While Intoxicated. The main charge. It applies when your BAC is 0.08% or higher, or when the prosecution can otherwise prove intoxication. An OWI conviction adds 6 points to your record.
- OWVI — Operating While Visibly Impaired. A lesser charge based on an officer's observation that alcohol or drugs visibly impaired your ability to drive. It does not require a BAC over 0.08%. An OWVI adds4 points and carries lighter license consequences, which is why a reduction from OWI to OWVI is a common defense goal.
- OWPD — Operating With the Presence of Drugs. Applies to driving with certain controlled substances in your system, separate from alcohol.
- High BAC ("super drunk"). A first offense with a BAC of 0.17% or higher carries enhanced penalties — see below.
BAC limits in Michigan
- 0.08% — the standard legal limit for drivers 21 and over.
- 0.17% or higher — charged as High BAC, Michigan's "super drunk" law, with enhanced penalties.
- 0.02% — the zero-tolerance limit for drivers under 21.
- Commercial drivers face a stricter limit and far more severe career consequences.
Penalties for a first-offense OWI
A standard first-offense OWI (BAC 0.08% to 0.16%) is a misdemeanor. Typical exposure includes:
- Up to 93 days in jail
- A fine of roughly $100 to $500, plus costs
- Up to 360 hours of community service
- License sanctions including a suspension with a hard no-driving period followed by restrictions
- 6 points added to your driving record
High BAC "super drunk" first offense
A first offense with a BAC of 0.17% or higher carries stiffer penalties: up to 180 days in jail, higher fines (roughly $200 to $700), a longer license suspension followed by a period of restricted driving with a required ignition interlock device, mandatory alcohol treatment, and 6 points. This applies even to a first-time offender with no prior record.
A second or third OWI, and any OWI involving an accident that causes serious injury or death, can be charged as a felony with years of potential prison time. Prior convictions dramatically increase the stakes. If any of these apply to your situation, experienced criminal defense representation is essential.
License consequences
Beyond the criminal penalties, an OWI triggers action against your driver's license through the Secretary of State. A first-offense OWI generally carries a suspension with an initial period of no driving, followed by restricted driving. An OWVI, by contrast, typically allows restricted driving without a hard suspension — one of several reasons the difference between the two charges matters so much. High BAC convictions add an ignition interlock requirement during the restricted period.
Why the charge you face is not necessarily the charge you keep
OWI cases frequently turn on technical and procedural issues — how the traffic stop was conducted, whether field sobriety and breath or blood tests were administered and calibrated correctly, and how the evidence was handled. An experienced OWI defense attorney may be able to challenge the stop, suppress improperly obtained evidence, or negotiate a reduction from OWI to OWVI (fewer points and lighter license consequences) or another lesser outcome. This is precisely why an OWI should never be handled without a lawyer.
Traffic Ticket Buddy's subscription plans cover civil traffic violations — speeding, most moving violations, and similar infractions. An OWI is a criminal charge and is not handled through the standard plans. However, if you are a subscriber and submit an OWI matter, we connect you with an experienced criminal defense attorney through our referral network who focuses on these cases.
Charged with an OWI in Michigan?
An OWI is a criminal charge that requires a defense attorney. If you are a Traffic Ticket Buddy subscriber, submit your case and we will connect you with a Michigan criminal defense specialist.
Learn How It WorksCDL holders: an OWI can end your career
For commercial drivers, an OWI is catastrophic. A conviction — even in your personal vehicle — can lead to disqualification of your commercial driving privileges, and the federal consequences apply on top of Michigan's. If you hold a CDL, do not wait: see our CDL plans and get in front of an attorney immediately.
Frequently asked questions
What is the difference between OWI and DUI in Michigan?
They describe the same thing. Michigan's legal term is OWI — Operating While Intoxicated — while "DUI" is the term used in many other states. If you are charged with drunk or drugged driving in Michigan, the charge on the paperwork will typically be OWI, OWVI, or OWPD, not DUI.
What is the legal BAC limit in Michigan?
The standard limit is 0.08% blood alcohol content for drivers 21 and over. A BAC of 0.17% or higher is charged as High BAC, often called the "super drunk" law, which carries enhanced penalties. Drivers under 21 are subject to a zero-tolerance limit of 0.02%, and commercial drivers face stricter limits.
What is the difference between OWI and OWVI?
OWI (Operating While Intoxicated) is based on a BAC of 0.08% or more, or proof of intoxication. OWVI (Operating While Visibly Impaired) is a lesser charge based on an officer's observation that your ability to drive was visibly impaired, and it does not require a BAC over the limit. An OWI conviction adds 6 points; an OWVI adds 4 points and carries lighter license consequences.
Is a first-offense OWI a felony in Michigan?
No. A first-offense OWI is a misdemeanor, but a serious one — it can carry up to 93 days in jail, fines, community service, license sanctions, and 6 points. High BAC first offenses carry longer jail exposure and an ignition interlock requirement. Repeat offenses and OWIs involving injury or death can be charged as felonies.
Does Traffic Ticket Buddy handle OWI charges?
Not through the standard subscription. OWI is a criminal charge, not a civil infraction, so it is not covered by the ordinary plans. If you are a Traffic Ticket Buddy subscriber and submit an OWI matter, we connect you with a criminal defense attorney through our referral network who handles these cases.