Is an OWI a felony in Michigan?
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On a third — and Michigan does not care how long ago. Two or more prior convictions make the current offense a felony regardless of the number of years that have elapsed since any of them — the seven-year window applies only to the second-offense enhancements. The sentence is either up to five years, or probation with 30 days to a year in county jail plus 60 to 180 days of community service, of which at least 48 hours must be served consecutively. That term cannot be suspended unless you enter and complete a specialty court program.
Written any number of ways — a 3rd OWI, an OWI 3rd, a felony OWI, or simply an OWI in MI — and the paperwork will use none of them. Michigan charges it under a section number, and that is what decides the range below.
Grade. Felony
Confinement. Up to 5 years, or 30 days to 1 year with probation
Fine. $500 to $5,000
Michigan Vehicle Code § 257.625 · Mich. Comp. Laws § 257.625(9)(c), (d) · checked 2026-09-04
The facts that make an OWI a felony here
Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.
| The fact | What it makes it | Detail and source |
|---|---|---|
| A reading of 0.17 or more | A separate high-BAC offense with its own maximums | Up to 180 days instead of 93, and a fine of $200 to $700 instead of $100 to $500. Michigan treats it as a distinct violation of subsection (1)(c) rather than as an aggravating factor applied to the ordinary one. Michigan Vehicle Code § 257.625 · Mich. Comp. Laws § 257.625(1)(c), (9)(a) · checked 2026-09-04 |
The device is a separate track
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.
In Michigan the interlock term runs Set at hearing and is administered by Michigan Secretary of State, through its hearing officers — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Source: Michigan Secretary of State, through its hearing officers
Michigan OWI questions
Is an OWI a felony in Michigan?
On a third — and Michigan does not care how long ago. Two or more prior convictions make the current offense a felony regardless of the number of years that have elapsed since any of them — the seven-year window applies only to the second-offense enhancements. The sentence is either up to five years, or probation with 30 days to a year in county jail plus 60 to 180 days of community service, of which at least 48 hours must be served consecutively. That term cannot be suspended unless you enter and complete a specialty court program. A reading of 0.17 or more: a separate high-bac offense with its own maximums.
What does a 3rd OWI in Michigan carry?
Felony: up to 5 years, or 30 days to 1 year with probation, and a fine of $500 to $5,000. The range is set by Mich. Comp. Laws § 257.625(9)(c), (d), and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in Michigan?
A reading of 0.17 or more — a separate high-bac offense with its own maximums.
Does an interlock come with it in Michigan?
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. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Michigan Secretary of State, through its hearing officers.
Other steps in Michigan: second offense penalties and first offense penalties.
All Michigan OWI rules →Penalties across the states →Michigan DUI lawyers →Getting the license back →
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