Will I Lose My License After an OWI in Michigan?

For most people charged with OWI in Michigan, the question that causes the most immediate anxiety is not jail time — it is whether they will be able to drive. Losing your license affects your ability to get to work, take your children to school, attend medical appointments, and manage daily life. Michigan’s OWI license sanctions are complex, varying significantly based on whether it is a first, second, or third offense, whether you refused the breathalyzer, and whether the Super Drunk law applies. Understanding exactly what you face — and the deadlines that apply — is essential.

First OWI: License Sanctions

A first OWI conviction under MCL 257.625 results in the following license sanctions:

Standard OWI (BAC .08 to .16):

• 30-day hard suspension — No driving for any purpose
• 150 days restricted driving — You may drive to and from work, school, court-ordered programs (substance abuse treatment, community service), and medical appointments
• 6 points added to your driving record

Super Drunk OWI (BAC .17 or higher):

• 45-day hard suspension — No driving for any purpose
• 320 days restricted driving with a mandatory BAIID (Breath Alcohol Ignition Interlock Device) installed in your vehicle at your expense
• 6 points added to your driving record

Operating While Visibly Impaired (OWVI):

• No hard suspension — 90 days of restricted driving only
• 4 points added to your driving record

This is one reason a charge reduction from OWI to OWVI can be significant — it eliminates the hard suspension entirely.

Second OWI: License Revocation

A second OWI conviction within seven years dramatically escalates the license consequences:

• Minimum one-year license revocation — Your license is revoked, not merely suspended. There is no restricted license available during the revocation period.
• After the minimum revocation period, you must petition the Secretary of State for license restoration through a formal hearing. Restoration is not automatic.
• If granted, a restricted license requires a BAIID for a minimum of one year
• You are classified as a habitual offender on your driving record

Third OWI: Felony and Extended Revocation

A third OWI conviction (lifetime, not limited to a seven-year window) is a felony under MCL 257.625(9)(c), carrying:

• Minimum five-year license revocation — No driving for any purpose for at least five years
• After the revocation period, you must petition for restoration and demonstrate sustained sobriety
• If restored, a BAIID is required for a minimum of one year, and the Secretary of State may impose additional conditions
• Vehicle registration may be denied or revoked for any vehicle registered in your name

Implied Consent Refusal: Additional One-Year Suspension

If you refuse the evidentiary breathalyzer (the DataMaster at the station, not the roadside PBT), Michigan’s implied consent law (MCL 257.625a) triggers a separate administrative suspension:

• First refusal: One-year license suspension
• Second refusal (within seven years): Two-year license suspension

This suspension is separate from and in addition to any license sanctions imposed by the court for the underlying OWI conviction. It applies even if you are never charged with or convicted of OWI. The implied consent suspension and the OWI suspension may run concurrently in some cases, but the combined effect is often more restrictive than either alone.

The 14-Day Hearing Deadline

After an OWI arrest in Michigan, administrative license sanctions begin to take effect automatically unless you take action. You have exactly 14 days from the date of arrest to request a hearing with the Michigan Secretary of State to contest the suspension.

This deadline applies in two situations:

• Implied consent refusal — You refused the evidentiary breath test and face the automatic one-year suspension
• Failing the breath test — Your BAC result was .08 or higher and you face automatic license sanctions

Missing this 14-day window is irreversible. The suspension takes effect automatically with no opportunity for review. This is the single most time-sensitive deadline after an OWI arrest, and it is one of the primary reasons to contact an attorney immediately.

BAIID Requirements

A BAIID (Breath Alcohol Ignition Interlock Device) is a breathalyzer wired into your vehicle’s ignition system. You must provide a clean breath sample before the engine will start, and the device requires periodic “rolling retests” while driving.

BAIID is required in the following situations:

• Super Drunk first offense — Mandatory for the entire 320-day restricted period
• Second OWI — Required for a minimum of one year after license restoration
• Third OWI — Required for a minimum of one year after restoration, often longer

You are responsible for all costs: installation ($100–$200), monthly monitoring ($75–$100), and removal. Failed or missed tests are reported to the court and the Secretary of State and can result in extended restrictions or revocation of the restricted license.

Hardship Appeal and License Restoration

For second and subsequent OWI offenses where your license has been revoked, the only path back to driving is through the Michigan Secretary of State license restoration process. This is a formal administrative hearing where you must demonstrate:

• Your alcohol or substance abuse problem is under control — meaning you have not used alcohol or drugs for a sufficient period (typically a minimum of one year of documented sobriety)
• Your alcohol or substance abuse problem is likely to remain under control — meaning you have made lifestyle changes that support ongoing sobriety
• You have completed a substance abuse evaluation and followed through on treatment recommendations
• You can provide supporting evidence: AA or support group attendance logs, letters from sponsors, employer letters, drug test results, and testimony from people who can speak to your sobriety

License restoration hearings are not rubber stamps. The Secretary of State denies a significant percentage of petitions. Preparing a thorough and well-documented petition — ideally with legal counsel experienced in restoration hearings — substantially improves your chances of a favorable outcome.

Frequently Asked Questions About OWI License Suspension in Michigan