Second Offense OWI in Michigan

In Michigan, drunk driving is officially referred to as Operating While Intoxicated (OWI), a serious offense carrying steep penalties. Per Section 257.625 of the Michigan Compiled Laws, an OWI happens when a person operates a vehicle while influenced by alcohol, a controlled substance, or an intoxicating substance. To establish an OWI offense, the driver must have had an alcohol content of at least 0.08 grams per 100 millilitres of blood, per 210 liters of breath, or 67 millilitres of urine or higher. Persons below 21 years commit an OWI in Michigan when they are shown to have any bodily alcohol content.

To reflect its zero tolerance policy for impaired driving, the State of Michigan prescribes harsher penalties for a second-time OWI offender compared to a first-time offense.

An OWI should not be mistaken for OWVI (Driving While Visibly Impaired) and OWPD (Operating With the Presence of Drugs).

Is a 2nd OWI a Felony in Michigan?

No. Although a second OWI in Michigan carries higher penalties than a first, it is still charged as a misdemeanor. However, a second OWI can be elevated to a felony if:

• It causes serious bodily injury or involves an accident
• It causes a person's demise
• It involves child endangerment (when a child below 16 years old is in the vehicle when the offense is committed)

What is the Lookback Period for a Second OWI in Michigan?

A "lookback period" refers to the timeframe within which a prior OWI conviction will be considered in determining the penalties for a subsequent OWI offense. In Michigan, the lookback period for a second OWI is seven years. This means that:

• A subsequent OWI within seven years of the prior offense will be considered a second offense, leading to more severe penalties.
• A second OWI will be considered a first offense if committed after the lookback period lapses.

What are Aggravating Factors in a Second OWI?

Under Michigan's criminal law, aggravating factors refer to the unique circumstances of a crime that increase the severity of punishment. The presence of an aggravating factor in a second OWI in Michigan leads to steeper penalties or enhanced sentencing upon conviction.

Common aggravating factors in a second OWI include:

• A BAC (Blood Alcohol Content) of. 17% or higher, which is considered "super drunk"
• Driving with a suspended license
• The presence of a minor in the vehicle
• OWI causing injury or death
• Driving without auto insurance
• Drug or firearm possession
• Refusal to submit to chemical testing

What Happens If You Get a 2nd OWI in Michigan

Below are the possible penalties for a second OWI conviction in Michigan:

• Jail term of not less than five days and not more than one year
• Fines from $200 to $1,000, not including court costs
• Driver's license revocation for at least a year
• Community service for a minimum of 30 days and a maximum of 90 days
• Probation plus ignition interlock device
• Vehicle immobilization
• Collateral consequences (increased insurance premiums, revoked license to carry firearms, etc.)

The consequences of an OWI may increase depending on the presence of an aggravating factor and whether the charge was changed to a felony. For example, an OWI resulting in death may be charged as vehicular manslaughter and will subject the offender to more severe penalties, such as up to 15 years in prison.

How Long Does a Second OWI Stay On Your Record in Michigan?

Indefinitely. A second OWI in Michigan creates a permanent criminal record that cannot be erased (expunged) and will remain accessible to potential employers, landlords, licensing agencies, criminal justice entities, and the general public. This record has far-reaching implications on the offender's quality and standard of life in several ways, such as:

• Reducing the chances of employment in chosen sectors
• Expensive car insurance
• Limited housing opportunities
• Strained relationships and social stigma

How Much Does a Second OWI Cost in Michigan?

The fines for a second OWI typically range from $200 to $1,000, minus court costs. However, the presence of an aggravating factor, such as when OWI causes a person's death, can escalate the fines to as much as $10,000. Other expected costs of an OWI charge include:

• Court costs: Up to $1,500
• Bond amount: Between $185 and $5,000
• Alcohol education class: Up to $200

Chances of Going to Jail for a Second OWI in Michigan

Second-time OWI offenders in Michigan must be sentenced to jail for at least five days and a maximum of one year. The judge determines the exact sentence and will consider various factors when arriving at a decision. However, the incarceration term can increase based on aggravating factors. For example, a second OWI offender who was transporting a minor may spend up to five years in jail.

Driver's License Suspension for a Second OWI in Michigan

An offender's driver's license will be revoked after a second DUI in Michigan. A license revocation is more serious than a license suspension and typically takes away the offender's legal right to drive indefinitely. The offender will have to successfully petition for license reinstatement to get their license back after completing a one-year waiting period, including proving sobriety and meeting other essential requirements. In other words, a second OWI offender's driver's license may be taken away for life if they do not win their driver's license restoration case.

It is important to note, however, that second OWI offenders can get around the one-year waiting period to recover their revoked driver's license by getting into a voluntary, post-conviction Sobriety Court program. The Sobriety Court program focuses on encouraging sobriety by addressing the root cause of repeat alcohol-related offenses instead of pursuing punishment. It allows eligible candidates who plead guilty to their charges and demonstrate a willingness to rehabilitation to obtain a restricted driver's license without waiting for a year.

More information on sobriety courts can be obtained from the state's sobriety court FAQs page.

Ignition Interlock Device Requirement

In Michigan, individuals convicted of OWI in the second degree are typically required to install a Breath Alcohol Ignition Interlock Device (BAIID) as a condition for obtaining a restricted driver's license. This device is a breathalyzer installed in a vehicle to prevent its operation if alcohol is detected on the driver's breath.

Typically, the OWI offender is mandated to bear the cost of purchasing and installing the BAIID, which can cost more than $1,000 yearly in fees. Offenders must also keep the BAIID installed for at least one year before they are eligible to have their licenses reinstated. Failure to adhere to the guidelines associated with using the BAIID can lead to a permanent license revocation and even jail time.

OWI School and Substance Abuse Treatment

Apart from installing a BAIID, second OWI offenders in Michigan must undergo a current substance abuse evaluation as one of the requirements for license restoration. A licensed professional must do the assessment, and offenders must also provide notarized support letters from individuals who can verify their sobriety. Treatment is available for individuals who are found to be dealing with substance abuse issues.

Furthermore, a judge may mandate that an offender attend OWI education classes (alcohol highway safety program or substance abuse education program) or attend Alcoholics Anonymous (AA) meetings. These programs help to strengthen the state's efforts in addressing underlying substance abuse issues and limiting the likelihood of subsequent traffic offenses.

Probation Conditions

OWI offenders are often required to undergo a probationary term ranging from several months to a few years, depending on the case's circumstances. During the probation period, the offender must follow certain conditions laid down by the court. While probation terms are typically within the judge's discretion, common probation conditions include:

• No consumption of alcohol
• Submission to periodic breath/urine tests
• Limitations on movement/traveling
• Completing an alcohol treatment or counseling program
• Periodic check-ins with a probation officer

Failure to comply with any probation condition puts the offender at a high risk of severe consequences, including jail time.

Community Service Requirements

Second OWI offenders in Michigan may be sentenced to 30–90 days of community service. The sentencing judge determines the duration of service and specific hours per day based on each case's peculiarities.

Types of community service in Michigan include:

• Assistance in soup kitchens and food distribution services
• Environmental sanitation and public space maintenance
• Animal welfare
• Elderly services
• Housing and construction

Per Michigan law, community service must be performed at non-profit organizations or government agencies. Sometimes, offenders may be allowed to choose their preferred organization, subject to court approval.

Impact on Auto Insurance

Second-time OWI offenders are classified as "habitual offenders" in Michigan, a status that puts them at risk of higher auto insurance premiums or even policy cancellations. This is due to the belief that habitual offenders are likely to commit more traffic offenses that cause liability for insurance companies.

Consequently, the state mandates that second OWI offenders obtain an SR-22 certificate certifying that they meet the minimum coverages the law requires. This requirement ensures that offenders can take full financial responsibility for future traffic violations.

Which Courts Handle OWI Cases in Michigan?

District courts in Michigan are primarily responsible for handling OWI cases occurring in their locality. However, OWI offenses that are classified or charged as felonies (typically due to the presence of aggravating factors) are escalated to the circuit courts.

Below is the court information of some district courts handling second OWI offenses within the state:

36th District Court
421 Madison Street
Detroit, MI 48226

54a District Court
124 West Michigan Avenue
Lansing, MI 48933

41a District Court
40111 Dodge Park Road
Sterling Heights, MI 48313

43rd District Court
200 West 13 Mile Road
Madison Heights, MI 48071

70th District Court
Saginaw County Governmental Center
3rd Floor
111 South Michigan
Saginaw, Michigan 48602

Nonetheless, district courts in Michigan do not handle license suspensions, license restoration, and related administrative matters, including reinstatement appeals. That responsibility falls under the jurisdiction of the Michigan Secretary of State (SOS) (see locations).

Second OWI offenders can apply to the Michigan Department of State's Office of Hearings and Administrative Oversight to reinstate their license. The applicant will need to fill out a Hearing Request Application form and submit it online by logging into their Driver Appeal Integrated System (DAIS) account or via mail to:

Michigan Department of State
Office of Hearings and Administrative Oversight
P.O. Box 30196
Lansing, Michigan 48909
Fax: (517) 335-2190

Can You Get an OWI on a Horse in Michigan?

No. The definition of "vehicle" under Section 257.79 of the Michigan Compiled Laws is restricted to "devices" and does not include animals. Therefore, riding a horse drunk does not qualify as OWI in the state. However, drunk horse riders may be subject to other legal consequences, such as public intoxication, reckless endangerment, and disorderly conduct.