Recent Michigan OWI Law Changes
What changed, when it took effect, and who it affects.
2022
First OWI can be set aside
A first OWI conviction can now be set aside by petition to the court, generally five years after probation ends. OWI that caused death or serious injury is not eligible.
2021
0.08 limit kept permanently
Michigan removed a planned sunset that would have raised the per se limit to 0.10. The OWI limit stays at 0.08.
Official sources
- MCL 257.625 — Operating while intoxicated
- MCL 257.625f — Refusal; hearing
- Michigan Vehicle Code (excerpt) — Driving while intoxicated and reckless driving
- Michigan SOS — Substance Abuse and Driving
- Michigan SOS — High BAC Offenses
- Michigan SOS — Habitual Alcohol Offender
- Michigan SOS — Driver’s License Hearing Request
- Michigan SOS — Implied Consent Request for Hearing
- Michigan SOS — Officer’s Report of Refusal (DI-93)
- Michigan SOS — License restoration hearings and interlock
- Michigan State Police OHSP — Impaired Driving Law
- Michigan State Police OHSP — Costs and consequences of driving impaired
- Michigan State Police OHSP — Under 21 brochure
- Senate Fiscal Agency — SB 400 (2021) summary as enacted
- Michigan SCAO — Mandatory jail minimums for OWI 2nd and 3rd
- Michigan Traffic Benchbook — OWI causing serious impairment
- Michigan Traffic Benchbook — OWI causing death
- Michigan Attorney General — First-time OWI set-aside
- MCL 257.319 — Suspension or revocation; restricted license
- MCL 257.625b — Screening, assessment, and rehabilitative programs
- Michigan SCAO — Misdemeanor case processing outline
- Michigan Traffic Benchbook — Sobriety court and specialty court interlock program
- Office of the Governor — Clean slate for first OWI and 0.08 limit kept (2021)
- MCL 257.320e — License reinstatement fee
Educational information, not legal advice. Michigan law changes and every case is different. Confirm deadlines with Michigan Department of State (Secretary of State) and talk to a licensed Michigan attorney about your situation.
Some details on this page are still being verified against official sources. Check the linked sources before relying on a specific number or deadline.
Last reviewed October 1, 2026.