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Clarifying OWI Charges in Michigan: Felony vs. Misdemeanor
In Michigan, Operating While Intoxicated (OWI) is a criminal offense that can be classified as either a misdemeanor or a felony, depending on the circumstances of the case. While most first and second OWI offenses are categorized as misdemeanors, certain conditions—including repeat violations, bodily injury, or fatalities—can elevate the charge to a felony.
Understanding how Michigan classifies these offenses is essential because the difference between a misdemeanor and a felony has major implications. A misdemeanor conviction may result in fines, probation, and possibly jail time, while a felony carries harsher penalties, such as long-term license revocation, years of incarceration, and a permanent mark on your criminal record.
This article explains how Michigan distinguishes between misdemeanor and felony OWI charges, outlines the penalties for each, and describes the legal consequences drivers face depending on offense history and severity.
Misdemeanor OWI in Michigan: What It Covers
A first or second OWI offense in Michigan is typically charged as a misdemeanor unless there are aggravating factors present. These offenses are still criminal charges and carry serious consequences but are considered lower in severity compared to felonies.
First Offense OWI (Misdemeanor)
A first-time OWI in Michigan—defined as driving with a BAC of 0.08% or higher—is classified as a misdemeanor. Penalties for a first offense include:
- Up to 93 days in jail
- Fines ranging from $100 to $500
- 6 points added to your driving record
- 30-day driver’s license suspension, followed by 150 days of restricted driving
- Community service (up to 360 hours)
- Optional substance abuse treatment or education programs
- Possible probation for up to 12 months
While jail time is possible, many first-time offenders receive probation and are required to attend alcohol education programs rather than serve jail sentences. However, that leniency may not apply if aggravating factors are present.
Second Offense OWI (Misdemeanor)
A second OWI within 7 years of the first is also classified as a misdemeanor, but with significantly harsher penalties:
- Mandatory minimum of 5 days in jail, up to 1 year
- Fines from $200 to $1,000
- 30 to 90 days of community service
- License revocation for at least 1 year
- Vehicle immobilization or forfeiture
- Mandatory substance abuse assessment and treatment
- Up to 2 years of probation
The court must impose a jail sentence for a second OWI. This reflects Michigan’s position that repeat impaired driving offenses represent a higher threat to public safety.
Felony OWI in Michigan: When the Charge Escalates
Michigan law escalates an OWI to a felony when certain conditions are met. Felony charges result in more severe penalties and long-lasting consequences. The following scenarios automatically lead to a felony OWI charge:
Third Offense OWI (Felony)
A third OWI in a lifetime, regardless of how long ago previous convictions occurred, is automatically charged as a felony.
Penalties include:
- 1 to 5 years in state prison
- Or 30 days to 1 year in jail, plus probation up to 5 years
- Fines from $500 to $5,000
- License revocation for a minimum of 5 years
- Vehicle immobilization or forfeiture
- Mandatory alcohol treatment program
- Required installation of a Breath Alcohol Ignition Interlock Device (BAIID) upon restricted license issuance
Michigan’s use of a lifetime lookback period means that even very old OWI convictions can count toward the total, resulting in a felony charge for a new offense.
OWI Causing Injury or Death (Felony)
Any OWI involving a crash that results in serious bodily injury or death is also a felony, regardless of whether it’s the driver’s first offense.
OWI Causing Serious Injury:
- Up to 5 years in prison
- Fines between $1,000 and $5,000
- License revocation
- Potential vehicle forfeiture
- Mandatory community service (up to 180 days)
OWI Causing Death:
- Up to 15 years in prison
- Fines between $2,500 and $10,000
- If the victim is a police officer, firefighter, or EMT: up to 20 years in prison
- Permanent license revocation is possible
In cases involving injury or death, additional charges—like reckless driving or leaving the scene—may also apply, increasing the legal consequences further.
Key Differences Between Felony and Misdemeanor OWI Charges
The following table summarizes how Michigan differentiates between misdemeanor and felony OWI offenses:
| Factor | Misdemeanor OWI | Felony OWI |
|---|---|---|
| Common Scenarios | 1st or 2nd offense without injury | 3rd offense (lifetime), injury, or death involved |
| Jail or Prison Time | Up to 1 year in jail | 1–15 years in prison |
| Fines | $100–$1,000 | $500–$10,000 |
| License Impact | Short-term suspension or revocation | Long-term or permanent revocation |
| Civil Rights Impact | No impact | Loss of gun rights, voting restrictions |
| Vehicle Sanctions | Possible immobilization | Immobilization or forfeiture |
| Probation | Often assigned | Common, with longer durations |
| Expungement | Not allowed | Not allowed |
Understanding these differences is crucial for drivers who may be facing OWI charges or who want to better understand the risk of re-offending.
How Michigan’s Lifetime Lookback Law Works
Michigan uses a lifetime lookback period to determine whether a driver’s current OWI charge qualifies as a felony. That means:
- All prior OWI convictions in a driver’s entire lifetime are considered
- There is no expiration date after which a prior offense “drops off”
- Convictions from other states can also count toward the total
This means someone with two prior OWIs from 20 years ago could still face a felony charge if arrested again today. This is one of the strictest systems in the U.S. for handling repeat OWI offenses and is designed to deter long-term repeat behavior.
How OWI Classification Affects Sentencing and Post-Conviction Life
The impact of a felony conviction extends far beyond sentencing. Individuals convicted of felony OWI offenses may face:
- Loss of civil rights, including the right to vote or own firearms
- Barriers to employment, especially in fields requiring licensing or background checks
- Travel restrictions, including denied entry to countries like Canada
- Stigma of a permanent felony record
- Difficulty securing housing or financial aid
In contrast, misdemeanor convictions, while still serious, carry fewer life-long limitations but remain on your permanent criminal record and cannot be expunged in Michigan.
The Role of BAC and Aggravating Factors in Charge Severity
While the number of prior offenses is the primary factor in whether an OWI is charged as a felony, BAC level and aggravating circumstances can also influence sentencing severity.
- High BAC (0.17% or more) triggers Michigan’s “Super Drunk” law
- Still a misdemeanor on first offense but with enhanced penalties
- Refusing chemical testing under implied consent laws leads to license suspension, even if not convicted in court
- Driving with a minor in the vehicle can add additional penalties
- Accidents, property damage, or reckless behavior can lead to additional charges alongside the OWI
While these factors don’t automatically elevate a charge to felony level, they often influence a judge’s sentencing decisions and can increase the severity of penalties within either classification.
FAQ: OWI Felony or Misdemeanor in Michigan
Is a first OWI in Michigan a felony?
No. It is classified as a misdemeanor unless it involves injury or death.
When does an OWI become a felony in Michigan?
An OWI becomes a felony if it’s a third offense, or if the offense results in serious injury or death.
Can prior OWIs from other states count toward Michigan’s total?
Yes. Out-of-state OWI convictions can be used to qualify a current offense as a felony.
Does Michigan have a lookback period for OWI felonies?
No. Michigan uses a lifetime lookback—all prior offenses count, no matter how old.
What if I caused an accident during my first OWI?
If someone is injured or killed, the offense is automatically elevated to a felony, even on a first offense.
Can a misdemeanor OWI be expunged in Michigan?
No. OWI convictions—misdemeanor or felony—cannot be expunged under Michigan law.
Conclusion: How Michigan Classifies OWI Offenses and Why It Matters
In Michigan, the distinction between misdemeanor and felony OWI charges depends on offense history, injury or death, and BAC levels. A first or second OWI is generally a misdemeanor but still carries heavy consequences. A third offense—or any case involving serious harm—is charged as a felony, with long-term effects on freedom, civil rights, and quality of life.
To see how Michigan’s OWI classifications compare across the country, visit our comprehensive guide on state-by-state DUI laws. For more detail on how these laws influence arrest and sentencing outcomes, explore how state DUI laws affect arrests and penalties.