Michigan DUI Laws

The state of Michigan takes a strong stand against drivers who are intoxicated and impaired. Under Michigan state law, driving while intoxicated or impaired is illegal and is punishable by Michigan courts, law enforcement, state and local governments.

*Under Michigan law, it is illegal to drive:

• While intoxicated, or impaired, by alcohol, illegal drugs, and some prescribed medications.
• With a bodily alcohol content of 0.08 or more. (This crime is one of the driving while intoxicated offenses.)
• With a bodily alcohol content of 0.17 or more. (This “High BAC” crime is one of the driving while intoxicated offenses.)
• With any amount of cocaine or a Schedule 1 controlled substance in your body. (For more information about Schedule 1 drugs, see section 7212 of the Michigan Public Health Code; MCL 333.7212.)

Additionally, if you are under age 21, it is also against the law to:

• Drive with a bodily alcohol content of 0.02 or more, or with any presence of alcohol in your body except for that consumed at a generally recognized religious ceremony.
• Buy, possess, or consume alcoholic beverages. You may transport alcohol in a vehicle only when accompanied by someone age 21 or older. If you are stopped by the police, with alcohol in your vehicle, and there is no adult with you, you can be charged with a misdemeanor, whether you are on the road or in a parking lot.

Types of Charges

Operating While Visibly Impaired 

• (OWVI) means that because of alcohol or other drugs, your ability to operate a motor vehicle was visibly impaired.

Operating While Intoxicated 

(OWI) includes 3 types of violations:

1. Alcohol or drugs in your body substantially affected your ability to operate a motor vehicle safely.
2. A blood alcohol content (BAC) at or above 0.08. This level can be determined through a chemical test.
3. High BAC means the alcohol level in your body was at or above 0.17. This level can be determined through a chemical test.

Operating With Any Presence of a Schedule 1 Drug or Cocaine

• (OWPD) means having even a small trace of these drugs in your body, even if you do not appear to be intoxicated or impaired. This can be determined through a chemical test.

Under Age 21 Operating With Any Bodily Alcohol Content 

• (Zero Tolerance) means having a BAC of 0.02 to 0.07, or any presence of alcohol in your body other than alcohol that is consumed at a generally recognized religious ceremony.

*Source: Ruth Johnson, Secretary of State, Department of State, Substance Abuse and Driving

Michigan DUI – statute(s)

• C.L.A. 257.625.

Michigan DUI – standard

• “A person . . . shall not operate a vehicle . . . within this state if the person is operating while intoxicated. As used in this section, ‘operating while intoxicated’ means any of the following: . . . [t]he person is under the influence of . . . a controlled substance, or other intoxicating substance.” M.C.L.A. 257.625(1)(a).
• “A person . . . shall not operate a vehicle . . . within this state when, due to the consumption of . . . a controlled substance, or other intoxicating substance . . . the person’s ability to operate the vehicle is visibly impaired.” M.C.L.A. 257.625(3).

Michigan DUI – applicable substances

• Controlled substance or “other intoxicating substance.”

Michigan DUI – affirmative defense

Michigan DUI Per se – statute(s)

• C.L.A. 257.625.

Michigan DUI Per se – standard

• “A person . . . shall not operate a vehicle . . . within this state if the person has in his or her body any amount of a controlled substance listed in schedule 1 . . . .” M.C.L.A. 257.625(8).

Michigan DUI Per se – applicable substances

• A controlled substance listed in schedule 1 under M.C.L.A. § 7212 or of a controlled substance described in M.C.L.A. § 7214(a)(iv). This does not include marijuana used for medicinal purposes, which is a schedule II drug in Michigan. Per se – affirmative defense None.

Michigan DUI Implied consent – applicable drivers

• A person who operates a vehicle upon a public highway or other place open to the general public or generally accessible to motor vehicles, in Michigan. M.C.L.A. 257.625c(1).

Michigan DUI Implied consent – tests authorized

• Chemical tests of blood, breath, or urine. M.C.L.A. 257.625c(1).

Michigan DUI Implied consent – basis for test

• Test can be requested if driver is arrested for violating drugged driving laws. M.C.L.A. 257.625c(1)(a).
• Test can be requested if driver is arrested for causing death of another person and LEO has “reasonable grounds to believe” driver was violating drugged driving laws at time of offense. M.C.L.A. 257.625c(1)(b). Implied consent – evidence of refusal The refusal to submit to a chemical test is admissible in a criminal prosecution of drugged driving only to show that a test was offered, “but not as evidence in determining the defendant’s innocence or guilt.” M.C.L.A. 257.625a(9).

DUI Arrest Statistics Michigan Drunk Driving

* Sources: State Justice Department, Federal Highway Administration