Michigan DUI Penalties — Fines, Jail & Probation
Common consequences to discuss with counsel.
First offense §257.625
A first DUI in Michigan is classified as a misdemeanor (93 days max for standard DUI; 180 days for High BAC ≥ 0.17).
- Jail: 0 days minimum to 93 days (standard); 180 days (High BAC ≥ 0.17) maximum
- Fine: $100 to $500 (standard); $700 (High BAC)
- License suspension: 30-day suspension plus 150-day restriction
- Substance abuse program: alcohol and drug abuse assessment and treatment required
- Community service: 360 hours community service may be ordered
- Probation: available
Second offense
- Jail: 5 days minimum to 1 year maximum
- Fine: $200 to $1,000
- License suspension: 1-year revocation
Third and subsequent offenses
- Jail/prison: 30 days minimum to 5 years maximum
- Fine: $500 to $5,000
- License suspension: 1-year to 5-year revocation
- Felony threshold: third offense within 10 years (or second within 7 years) is a felony (up to 5 years prison)
Penalty comparison by offense tier
| Offense | Jail Range | Fine Range | License Suspension | |
|---|---|---|---|---|
| First DUI | 0 days–93 days (standard); 180 days (High BAC ≥ 0.17) §257.625 | $100–$500 (standard); $700 (High BAC) §257.625 | 30-day suspension plus 150-day restriction §257.625 | |
| Second DUI | 5 days–1 year §257.625 | $200–$1,000 §257.625 | 1-year revocation §257.625 | |
| Third DUI | 30 days–5 years §257.625 | $500–$5,000 §257.625 | 1-year to 5-year revocation §257.625 |
Lookback period
Michigan uses a 7 years (for second-offense felony threshold); 10 years (for third-offense felony) Lookback period to determine how prior offenses affect sentencing. Only DUI convictions within this window count toward the escalating penalty tiers.
Enhanced penalties for aggravating factors
- BAC ≥ 0.17 (High BAC offense — increased penalties, IID required)
- Child under 16 in vehicle (separate felony charge § 257.625(7))
- Serious injury caused by impaired driving (§ 257.625(5))
- Death caused by impaired driving (§ 257.625(4))
- Prior OWI/DUI offenses within lookback
What these penalties mean in practice
Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
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