OWI in Michigan: the law, the limits and the device
Verified · next review
Michigan calls it OWI — operating while intoxicated, and you will see DUI and drunk driving used for the same offense. What follows is what this state sets, taken from its own published rules rather than from a national summary.
What Michigan law actually requires
In Michigan the Secretary of State suspends the license on receiving the conviction record, and the interlock is part of the route back to driving. The restricted license and the conditions attached to it are decided through the Secretary of State’s hearing process rather than set as a flat term in the vehicle code.
- First offense: Set through the Secretary of State hearing process as a condition of the restricted license, not fixed as a single term by MCL 257.319
- Lockout threshold: Set by the device standard accepted by the Secretary of State as a condition of the restricted license
- Program run by: Michigan Secretary of State, through its hearing officers
Source: www.legislature.mi.gov, checked 2026-08-23
DUI vs OWI in Michigan
Michigan uses OWI, and the difference from plain DUI is worth getting right: both describe driving impaired, and locally the charge is written as OWI — operating while intoxicated
Whatever it is called, the licensing consequence is the same shape: a suspension, then the device as the condition of driving again. All six abbreviations, side by side →
Can you get a OWI on a bike or a horse in Michigan?
It turns on one word in the statute. Where the law says “vehicle”, no engine is required and the charge can reach a bicycle, a horse or a mobility scooter. Where it says “motor vehicle”, the analysis is different. This is decided by your state’s own wording, not by national custom, and it is the first thing to check before assuming a bike ride home is safe.
Where this state departs from the national picture
Most of what people read about drunk driving is written for the country as a whole. These are the points where Michigan does something of its own.
Not conducted in Michigan
Michigan is one of ten states where checkpoints are prohibited by state law, the state constitution or how the courts there read the federal one. Enforcement uses saturation patrols instead, so the absence of checkpoints is not an absence of enforcement.
NHTSA, Countermeasures That Work: Publicized Sobriety Checkpoints
How often this happens in Michigan
Federal crash records show the scale the state is legislating against, and how it compares with the country.
Cases are heard where the stop happened, and volume shapes local practice. These MI counties record the most:
Source: NHTSA Fatality Analysis Reporting System, 2020–2022. Counts crashes where police recorded that a driver had been drinking, which is narrower than the federal 0.08 measure and therefore understates the real figure. Michigan runs above the national share.
What it costs to get driving again in Michigan
Michigan does not publish a price cap we could verify, so the quote is the number and your only leverage is a competitor nearby. The national reference points are installation and a monthly fee, with calibration visits every 30 to 60 days.
The two clocks in Michigan
The court case and the licensing case run separately. The licensing side moves first, and in the strictest states the window to request a hearing is measured in days — it runs whether or not you have hired anyone.
OWI questions in Michigan
Is it called DUI or OWI in Michigan?
Michigan uses OWI — operating while intoxicated. You will also see DUI, drunk driving used for the same thing. The label follows the state, not the seriousness of what happened, so paperwork from elsewhere may say something different about identical conduct.
What is the legal limit in Michigan?
0.08% for drivers 21 and over, as in every state except Utah, which sits at 0.05%. Below the limit you can still be charged if an officer documents impairment. The reading that triggers the interlock here is a separate number: Set by the device standard accepted by the Secretary of State as a condition of the restricted license
How long does the interlock stay on after a first offense in Michigan?
Set through the Secretary of State hearing process as a condition of the restricted license, not fixed as a single term by MCL 257.319 The program is run by Michigan Secretary of State, through its hearing officers.
Can you get an OWI on a horse or a bicycle in Michigan?
The answer is in whether the statute says “vehicle” or “motor vehicle”. Where it says vehicle, no engine is needed and the charge can reach a bike or a horse; where it says motor vehicle, it cannot. This is one of the most searched questions in the whole subject and one of the most confidently answered wrongly — the wording of your own state decides it.
Are DUI checkpoints legal in Michigan?
No. Michigan is one of ten states that do not run sobriety checkpoints — the ban rests on state law or the state constitution rather than the federal one. Enforcement there relies on saturation patrols instead.
A second OWI here →A first OWI here →When an OWI is a felony in Michigan →
When a charge becomes a felony → The test and the refusal → How long it stays on your record →SR-22 and FR-44 →
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.