Michigan calls drunk driving OWI (Operating While Intoxicated). A first or second OWI is a misdemeanor, but Michigan turns drunk driving into a felony in several situations — most notably the third offense.
When OWI is a felony in Michigan
- OWI 3rd offense — a felony in Michigan, and notably, the priors count for life (no lookback limit for the felony 3rd).
- OWI causing serious injury — a felony punishable by up to 5 years.
- OWI causing death — a felony punishable by up to 15 years.
- OWI with a child passenger under 16 (second offense and beyond escalates).
Michigan felony OWI penalties
- OWI 3rd: 1 to 5 years in prison (or probation with jail), $500-$5,000 in fines, license revocation, and vehicle immobilization or forfeiture.
- OWI causing death: up to 15 years; up to 20 years if the victim was an on-duty emergency responder.
Michigan's "Super Drunk" law
Michigan also has a high-BAC ("Super Drunk") law for drivers at 0.17 or above, which increases penalties even on a first offense — though that enhanced first offense remains a misdemeanor, not a felony.
People Also Ask
Is a 3rd OWI a felony in Michigan?
Yes. A third OWI is a felony in Michigan, and prior convictions count regardless of how long ago they happened.
How long does an OWI stay on your record in Michigan?
OWI convictions stay on your Michigan driving record permanently and cannot be expunged in most circumstances.
Can a first OWI be a felony in Michigan?
Only if it causes serious injury or death; otherwise a first OWI is a misdemeanor.
The Michigan takeaway
Michigan's lifetime lookback for a felony third makes one thing clear: impaired driving choices follow you forever. The fix is simple and free — plan your ride. Share this with a friend in Michigan. #marketersagainstdrunkdriving
Disclaimer: This article is for general educational purposes and is not legal advice. DUI/DWI laws change often and vary by state and case. Consult a licensed attorney in your jurisdiction about your specific situation. Brought to you by Marketers Against Drunk Driving — using marketing for good. #marketersagainstdrunkdriving