When Is an OWI a Felony in Michigan?

Whether an OWI is charged as a misdemeanor or a felony in Michigan depends on the driver’s record and what happened during the offense. This article explains the situations that raise an OWI to a felony, how Michigan counts prior convictions, and what a felony conviction carries beyond jail time. It fits within the larger picture of Michigan’s traffic ticket and court system, which covers civil infractions, points, and the courts that handle driving offenses.

Michigan uses “OWI” rather than “DUI.” The offense is defined in MCL 257.625, the Michigan Vehicle Code’s drunk-driving section. It covers driving with a bodily alcohol content of 0.08 or more, driving under the influence of alcohol or a controlled substance, and a high-BAC “super drunk” tier at 0.17 or more.

When an OWI becomes a felony in Michigan

A standard first or second OWI is a misdemeanor; the penalties that apply to a first-offense OWI in Michigan are set out separately. Three circumstances turn an OWI into a felony, and they are set out in different subsections of MCL 257.625:

• A third or later OWI conviction, counted over the driver’s entire lifetime
• An OWI that causes the death of another person
• An OWI that causes a serious impairment of a body function of another person

A fourth situation is narrower: a second OWI committed while a child under 16 is in the vehicle is also a felony. Each of these is a separate path to a felony charge, and a single incident can trigger more than one. A driver with two prior OWI convictions who causes a crash could face both a third-offense felony and a felony for causing injury or death.

The BAC level alone does not create a felony. A first-offense high-BAC OWI at 0.17 or more is still a misdemeanor, though it carries longer license sanctions and a mandatory treatment program, according to the Michigan State Police impaired driving law summary. What moves an OWI into felony territory is the prior-conviction count or an injury or death.

Third OWI: the lifetime lookback rule

The most common felony OWI in Michigan is the third offense. Under MCL 257.625(9)(c), a person convicted of OWI after two or more prior convictions is guilty of a felony “regardless of the number of years that have elapsed since any prior conviction.” The sentence is a fine of $500 to $5,000 and either 1 to 5 years of imprisonment under the Department of Corrections, or probation with 30 days to 1 year in county jail plus 60 to 180 days of community service.

This lifetime counting rule is often called Heidi’s Law, which is the popular name the Legislature attached to the statute. Before 2007, Michigan used a 10-year window to count priors. Now a third OWI is a felony no matter how old the first two convictions are.

OWI causing death or serious injury

An OWI that injures or kills another person is a felony on the first offense, with no prior conviction required. These are among the most serious charges in the Michigan Vehicle Code.

An OWI causing death is a felony punishable by up to 15 years in prison and a fine of $2,500 to $10,000 under MCL 257.625(4). If the death is that of a police officer, firefighter, or other emergency responder, or if the driver had a BAC of 0.17 or more within 7 years of a prior conviction, the maximum rises to 20 years.

An OWI causing a serious impairment of a body function is a felony punishable by up to 5 years in prison and a fine of $1,000 to $5,000 under MCL 257.625(5). That maximum rises to 10 years when the driver had a BAC of 0.17 or more within 7 years of a prior conviction. The Michigan Courts Traffic Benchbook describes how these injury and death offenses are charged and proven (Michigan Courts Traffic Benchbook).

OWI with a child in the vehicle

Driving while intoxicated with a passenger under 16 years old is treated more severely. Under MCL 257.625(7), a first offense of this kind is a misdemeanor with a fine of $200 to $1,000 and up to 1 year in jail or 30 to 90 days of community service.

A second such offense, or one committed after two or more prior convictions, is a felony. It carries a fine of $500 to $5,000 and either 1 to 5 years in prison or probation with 30 days to 1 year in county jail plus 60 to 180 days of community service. This charge can be brought in addition to a charge for causing death or serious injury arising from the same incident.

How prior convictions are counted

The line between a misdemeanor and a felony OWI usually turns on how many prior convictions a driver has and how they are counted. MCL 257.625(25) defines a “prior conviction” to include earlier OWI and impaired-driving convictions, along with related offenses such as negligent homicide or manslaughter involving a vehicle.

Two counting rules operate side by side. For a third-offense felony under subsection (9)(c), all prior OWI convictions count for the driver’s lifetime. For the lesser second-offense enhancement, only priors within 7 years count. A prior conviction is established at sentencing through records such as a judgment of conviction, an abstract of conviction, or the defendant’s driving record.

Convictions from other states can count as priors when the other state’s law substantially corresponds to Michigan’s. Where two convictions arose out of the same incident, only one counts toward the prior-conviction total.

What a felony OWI conviction carries

A felony OWI reaches beyond the prison term and fine. The case itself begins with an arraignment, and what to expect at a Michigan DUI arraignment applies to felony charges as well as misdemeanors. A conviction adds 6 points to the driver’s record and triggers a license suspension or revocation, with the length tied to the offense and prior history, as described by the Michigan State Police.

The court can also order the vehicle immobilized or forfeited. Under MCL 257.625n, a felony OWI conviction can lead to forfeiture of the vehicle used in the offense, and a driver’s multiple prior convictions weigh heavily in favor of forfeiture. A convicted driver who is later granted a restricted license generally must install and pay for an ignition interlock device.