Being arrested for drunk driving in Michigan can have serious consequences. So, can you go to jail for a DUI in Michigan?
Yes, you can go to jail for drunk driving in Michigan. First-time OWI offenders may face up to 93 days in jail, while repeat or aggravated offenses can result in up to 5 years in prison.
As a seasoned Michigan DUI defense attorney, I’ve helped hundreds of clients reduce jail time and protect their future. Here’s what you need to know about jail time, penalties, and defense strategies.
Understanding Michigan’s Drunk Driving Laws
In Michigan, OWI laws prohibit operating a vehicle while:
- The BAC legal limit in Michigan is 0.08% for drivers aged 21 or older. Drivers under 21 face a zero-tolerance threshold at just 0.02%.
- Your BAC is 0.02% or higher if you are under 21 (zero-tolerance law).
- You are under the influence of alcohol, drugs, or a combination that impairs your ability to drive.
For commercial drivers, the legal limit is stricter: 0.04% BAC.
Key Terms Explained
- Operating While Intoxicated (OWI): Driving with a BAC of 0.08% or higher or while visibly impaired.
- Operating While Visibly Impaired (OWVI): Driving with noticeable impairment, even if your BAC is below 0.08%.
- High BAC (“Super Drunk” law): Applies to drivers with a BAC of 0.17% or higher and carries enhanced penalties.
For more details, refer to Michigan’s OWI laws summarized on the Michigan State Police.
OWI vs DUI in Michigan: What’s the Difference?
In Michigan, OWI (Operating While Intoxicated) is the official legal term, while DUI (Driving Under the Influence) is commonly used but not found in state statutes. Both terms refer to impaired driving, but OWI covers a broader range of behavior, including being under the influence of drugs or having any detectable impairment—not just alcohol.
Knowing the difference between OWI vs DUI in Michigan can help you understand your charges and prepare a stronger legal defense.
DUI Jail Time in Michigan for First-Time OWI Offenders
Even a first OWI in Michigan can lead to jail time, fines, and license penalties—especially if your BAC is high or aggravating factors are present. While judges have discretion, typical penalties include:
- Up to 93 days in jail for a standard OWI conviction.
- Up to 180 days in jail for OWVI (Operating While Visibly Impaired).
- Up to 1 year in jail for a High BAC conviction.
Jail time is often combined with fines, probation, and mandatory alcohol education or treatment programs. First offenders may receive lesser penalties depending on the circumstances.
Read more about DUI laws and potential jail time at Cornell Law
What Are the Penalties for OWI Convictions in Michigan?
Michigan’s OWI penalties vary based on factors like BAC level, prior convictions, and aggravating circumstances.
Here’s a breakdown of potential penalties for first, second, and third OWI offenses:
| Offense | Jail Time | Fines | License Penalties | Other Penalties |
|---|---|---|---|---|
| First Offense | Up to 93 days | $100–$500 | Up to 6-month suspension | Community service (up to 360 hours), mandatory alcohol education |
| Second Offense | 5 days to 1 year | $200–$1,000 | 1-year minimum revocation | Mandatory IID installation, probation up to 2 years |
| Third Offense (Felony) | 1 to 5 years | $500–$5,000 | Minimum 5-year revocation | Vehicle forfeiture, community service (up to 180 days) |
The penalties for repeat offenses escalate with each conviction. Learn more about Michigan’s penalties for drunk driving from the Michigan Legislature.
How to Use This Table
- First-Time Offenders: Focus on alcohol education programs and community service to reduce penalties.
- Repeat Offenders: Be aware of mandatory jail time and longer license revocation periods.
- Aggravating Factors: Penalties can increase significantly for high BAC levels or incidents involving injury or death.
This table provides a clear comparison of the escalating penalties for OWI offenses, making the information easier to digest for readers while meeting SEO and user intent goals. Let me know if you’d like this incorporated into a specific part of the draft!
Aggravating Factors That Increase Jail Time
Some scenarios—such as causing injury or death or receiving a third conviction—may result in a felony OWI charge in Michigan, which carries much harsher penalties.
Certain factors can lead to more severe penalties, including:
- High BAC: Drivers with a BAC of 0.17% or higher face longer jail sentences under Michigan’s “Super Drunk” law.
- Accidents Causing Injury or Death:
- OWI Causing Serious Injury: Felony with up to 5 years in prison and fines up to $5,000.
- OWI Causing Death: A felony OWI in Michigan punishable by up to 15 years in prison and fines up to $10,000.
- Child Endangerment: If a passenger under 16 is in the vehicle, penalties include up to 1 year in jail (for first offenses) or 5 years (for repeat offenses).
Review Michigan’s laws on aggravated OWI penalties through the National Highway Traffic Safety Administration (NHTSA).
OWI Misdemeanor vs. Felony in Michigan
| Charge Type | Examples | Jail/Prison Time | License Penalty |
|---|---|---|---|
| Misdemeanor | First OWI, OWVI, Super Drunk | Up to 1 year | 6-month suspension or 1-year revocation |
| Felony | 3rd OWI, OWI causing injury or death | Up to 5–15 years | Minimum 5-year revocation |
What Happens During an OWI Arrest in Michigan?
If you are pulled over for suspected drunk driving, here’s what to expect:
- Field Sobriety Tests (FSTs): Officers may ask you to perform tests to assess impairment.
- Preliminary Breath Test (PBT): Conducted at the scene to estimate BAC.
- Arrest: If probable cause exists, you’ll be taken into custody.
- Chemical Testing: Required under Michigan’s Implied Consent Law. Refusing can result in:
- Automatic license suspension (1 year for first refusal, 2 years for subsequent refusals).
- 6 points added to your driving record.
What If You Refuse a Breathalyzer in Michigan?
Refusing a breathalyzer in Michigan can lead to serious penalties—even if you’re never convicted of drunk driving. Under Michigan’s Implied Consent Law, all licensed drivers automatically agree to chemical testing if lawfully arrested for OWI.
There are two types of breath tests, and refusal impacts each differently:
Preliminary Breath Test (PBT) – Roadside Test
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Can you refuse it? Yes.
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Penalty: Civil infraction and a fine (up to $150 for adults; 4 license points for drivers under 21).
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Purpose: Helps police establish probable cause to arrest.
Chemical Breath Test – Post-Arrest Test
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Can you refuse it? Technically, yes—but refusal triggers harsh administrative penalties.
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Penalties for refusal:
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1-year license suspension for first refusal
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2-year license suspension for second refusal within 7 years
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6 points added to your driving record
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Refusal may be used as evidence of guilt in court
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Police may obtain a warrant to perform a blood test instead
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Refusing a breathalyzer does not prevent OWI charges—and it may complicate your legal defense.
Can You Fight a Breathalyzer Refusal?
Yes. An experienced Michigan OWI lawyer can review:
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Whether the traffic stop or arrest was legal
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If officers advised you properly of your rights
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If the Implied Consent warning was clearly given
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Whether the breath test machine (such as the Datamaster) was properly calibrated
Tip: If you’ve refused a chemical test, act quickly. You may have limited time to request a hearing with the Michigan Secretary of State to contest your license suspension.
Is Jail Mandatory for a First DUI in Michigan?
No, jail is not mandatory for a first OWI in Michigan, but judges can impose up to 93 days. Many first-time offenders receive probation, community service, or alcohol treatment instead—especially with strong legal representation.
How Long Do You Go to Jail for a Second DUI in Michigan?
A second OWI in Michigan carries a mandatory minimum jail sentence of 5 days, with a maximum of 1 year. Additional penalties include longer license suspension and installation of an ignition interlock device.
What Is the Longest Jail Sentence for OWI in Michigan?
The maximum jail sentence for OWI in Michigan is 15 years, which applies to felony cases involving death. Felony third offenses can result in up to 5 years, even without injury.
Can You Get Probation Instead of Jail for DUI in Michigan?
Yes, Michigan judges often grant probation instead of jail time for first offenses. Conditions may include alcohol education, treatment, and compliance with court-ordered restrictions.
OWI Diversion Programs and Alternative Sentencing in Michigan
Michigan offers diversion programs and alternative sentencing options that focus on rehabilitation rather than punishment. These options may allow you to avoid jail time and reduce the long-term impact of an OWI conviction.
- Sobriety Courts: Available in certain Michigan counties, these programs provide intensive supervision, mandatory treatment, and regular court check-ins for repeat offenders. Successful completion often results in reduced penalties.
- Alcohol Treatment Programs: Judges may recommend participation in substance abuse counseling or alcohol education programs as an alternative to incarceration.
- Community Service: In some cases, you may fulfill your sentence by completing community service hours.
- Probation: First-time offenders may qualify for probation in lieu of jail time, provided they adhere to strict conditions, such as abstaining from alcohol and attending treatment.
For more information, explore Michigan’s specialty court programs on the National Association of Drug Court Professionals (NADCP).
How to Reduce or Avoid Jail Time for OWI
Facing an OWI charge doesn’t guarantee jail time. Here are ways an experienced attorney can help:
- Negotiating plea deals: Lesser charges like Operating While Visibly Impaired (OWVI) may result in reduced penalties.
- Challenging evidence: If there were errors in breathalyzer calibration or field sobriety test administration, your case could be dismissed.
- Advocating for alternative sentencing: Options include probation, alcohol treatment programs, or community service instead of jail.
Can an OWI Conviction Be Expunged in Michigan?
Yes, Michigan allows certain OWI convictions to be expunged under its Clean Slate law, enacted in 2021. This means eligible individuals can remove a single OWI conviction from their record, making it easier to secure employment, housing, and financial opportunities.
- Eligibility Requirements:
- The conviction must be at least 5 years old.
- Only first-time OWI convictions are eligible for expungement.
- You must have completed all court-ordered penalties, including fines and probation.
- Expungement Process:
- Submit an application to the court where the conviction occurred.
- Provide proof of eligibility, including documentation of completed penalties.
- Attend a hearing where a judge will review your case.
Expunging your OWI can offer a fresh start. For more details, read our article: Can a DUI be Expunged in Michigan?
The Role of a Criminal Defense Attorney
Hiring a skilled DUI defense attorney can significantly impact the outcome of your case. Here’s how:
- Evaluate the legality of your stop and arrest.
- Challenge breathalyzer or blood test results.
- Work to suppress evidence obtained unlawfully.
- Negotiate alternative sentencing options.
At D.G. Moore Attorney at Law, we have decades of experience helping clients fight OWI charges and minimize the impact on their lives.
Contact D.G. Moore Attorney at Law Today
Whether you’re facing a first offense or repeat charges, we can help you avoid or minimize DUI jail time in Michigan.
If you’ve been charged with OWI in Michigan, time is critical. You need a dedicated advocate to protect your rights, challenge the evidence, and minimize the consequences.
Call 269-808-8007 or visit D.G. Moore Attorney at Law today to schedule a free, no obligation consultation. Don’t leave your future to chance—let us build the strongest defense possible.
Related content:
- Do You Need a Lawyer for a DUI in Michigan?
- What are the Penalties for an OWI Michigan First Offense?
- What is the Difference Between 1st, 2nd, and 3rd Degree DUI in Michigan?
- What is Aggravated DUI in Michigan?
- Is Jail Time Mandatory for a Second DUI in Michigan?
- How Much Does an OWI Lawyer Cost in Michigan?
