Operating while visibly impaired (OWVI) is a Michigan misdemeanor that can bring up to 93 days in jail, up to 360 hours of community service, and a fine of up to $300 for a first offense. The charge is in MCL 257.625(3), with penalties in MCL 257.625(11)(a). It is a lesser offense than OWI and is often the target of a plea reduction.
Reviewed by Attorney Kevin Bessant, Law Office of Kevin Bessant & Associates. Last reviewed October 2026.
OWVI at a glance
| Charge | Operating while visibly impaired, MCL 257.625(3) |
|---|---|
| Level | Misdemeanor |
| Jail | Up to 93 days |
| Fine | Up to $300 |
| Community service | Up to 360 hours |
| Second offense | Fine of $200 to $1,000 plus either 5 days to 1 year in jail or 30 to 90 days of community service (MCL 257.625(11)(b)) |
A judge may impose one or more of these penalties. Probation, costs, and license consequences are separate.
What is the difference between OWI and OWVI?
OWI requires proof of intoxication or a blood alcohol content of 0.08 or more. OWVI is a lesser charge based on impairment that is visible, meaning your ability to drive was reduced in a way an observer could see. The penalties are lower, which is why a reduction from OWI to OWVI is a common goal. See our page on first-offense OWI.
Common defenses
- Whether the stop and the arrest were lawful.
- Whether the officer’s observations show real impairment or have another explanation.
- Whether the prosecutor can prove you were operating the vehicle.
Related pages: DUI and OWI defense.
Frequently asked questions
Is OWVI better than OWI?
OWVI carries lower penalties. A first offense allows up to 93 days in jail and a fine of up to $300, compared with a $100 to $500 fine for a first OWI.
Can OWVI become a felony?
Yes. After two or more prior convictions, the statute makes it a felony punishable by 1 to 5 years in prison, or probation with jail time (MCL 257.625(11)(c)).
Talk to a Detroit OWI defense attorney
Call Attorney Kevin Bessant at 313-658-8159 for a free consultation.
Legal Authority
See MCL 257.625 in the Michigan Legislature’s text. This page is general information, not legal advice.