First OWI Penalties in Michigan (2026)
Complete guide to what happens when you get your first OWI in Michigan — jail time, fines, license suspension, and what you can do about it.
Understanding First-Offense OWI in Michigan
A first-offense OWI in Michigan is classified as a Misdemeanor. While this is the least severe OWI charge, the consequences are still significant and can affect your life for years. Michigan uses a Lifetime lookback period, meaning any subsequent OWI within that window will be treated as a repeat offense with harsher penalties.
Michigan uses OWI (Operating While Intoxicated) and has a lifetime lookback. As of 2021, first-offense OWI can be expunged after 5 years. The BAC (Blood Alcohol Concentration) limit in Michigan is 0.08% for standard drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21. Being at or above these limits creates a "per se" OWI charge — the prosecution does not need to prove impairment.
Penalties Breakdown
What Happens After a First OWI Arrest in Michigan
After being arrested for a first OWI in Michigan, you will face two separate proceedings: a criminal court case and an administrative license suspension through the DMV. Michigan has implied consent laws, meaning you automatically consent to chemical testing by driving on state roads. Refusing a test triggers additional penalties.
The criminal case will determine whether you are convicted and what sentence you receive. Meanwhile, the DMV will independently suspend your license. In many cases, you have only 10 to 30 days to request a DMV hearing to challenge the suspension. Missing this deadline means an automatic suspension.
How a OWI Attorney Can Help
An experienced OWI attorney in Michigan can challenge the traffic stop, question the accuracy of breath or blood tests, negotiate reduced charges (such as a "wet reckless"), protect your driving privileges, and minimize the long-term impact on your record. Attorney fees for a first OWI typically range from $2,000 to $5,000, but the savings in reduced penalties and protected employment can be far greater.
In Michigan, a first OWI may be eligible for expungement 5 years (first offense only, as of 2021). An attorney can advise you on the specific requirements and timeline.
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Official Sources
DUIFinders.com is not a law firm and does not provide legal advice. Information is for general purposes only.
Frequently Asked Questions
What is the penalty for a first OWI in Michigan?
A first OWI in Michigan is classified as a Misdemeanor. Penalties include Up to 93 days jail time, $100–$500 in fines, and 30-day suspension + 150 days restricted.
Will I go to jail for a first OWI in Michigan?
Michigan does not have mandatory minimum jail for a first OWI, but the judge can sentence up to Up to 93 days.
How much does a first OWI cost in Michigan?
Court fines alone are $100–$500, but total costs including attorney fees, classes, insurance increases, and IID installation typically range from $10,000 to $25,000.
Will I lose my license for a first OWI in Michigan?
Yes. A first OWI in Michigan results in 30-day suspension + 150 days restricted. You may be eligible for a restricted license with an ignition interlock device.
Can a first OWI be expunged in Michigan?
Yes, Michigan allows OWI expungement. Waiting period: 5 years (first offense only, as of 2021).