Driving drunk with a passenger under 16 is charged under MCL 257.625(7) in Michigan, and even a first offense is a misdemeanor carrying a $200 to $1,000 fine plus up to 1 year in jail, 30 to 90 days of community service, or both; a second or later offense is a felony. These penalties stack on top of the ordinary OWI case.
Reviewed by Attorney Kevin Bessant, Law Office of Kevin Bessant & Associates. Last reviewed October 2026.
OWI with a child at a glance
| Charge | MCL 257.625(7)(a). An OWI-type violation while a person under 16 is in the vehicle. |
|---|---|
| First offense | Misdemeanor. Fine of $200 to $1,000, plus up to 1 year in jail, 30 to 90 days of community service, or both. |
| Second or later offense | Felony. Fine of $500 to $5,000, plus either 1 to 5 years in prison, or probation with 30 days to 1 year in jail and 60 to 180 days of community service. |
| Suspension of sentence | The jail or prison term for a repeat offense cannot be suspended unless the defendant agrees to and completes a specialty court program. |
| Underage driver | If the driver is under 21 and has any bodily alcohol content, a child passenger under 16 raises the penalty under MCL 257.625(7)(b). See zero tolerance. |
| Points | A violation of 257.625(7) carries 6 points on the driving record (MCL 257.320a). |
The base OWI charge is proved first. The child passenger fact is an added element the prosecutor must prove.
Common defense issues
- The underlying OWI. If the OWI cannot be proved, the child passenger charge falls with it.
- The child’s age and presence. The prosecution must prove a person under 16 was in the vehicle at the time.
- The stop, the test and the arrest. The usual suppression and test-accuracy issues apply.
- Prior convictions. Whether a prior counts decides whether the case is a misdemeanor or a felony.
Related pages: DUI and OWI defense, first-offense OWI and second-offense OWI.
Frequently asked questions
Is OWI with a child in the car a felony in Michigan?
A first offense is a misdemeanor. A second or subsequent offense is a felony under MCL 257.625(7)(a)(ii).
What age counts as a child under this law?
A person under 16 in the vehicle.
What are the penalties for a first offense?
A $200 to $1,000 fine plus up to 1 year in jail, 30 to 90 days of community service, or both.
Talk to a Detroit OWI defense attorney
Call Attorney Kevin Bessant at 313-658-8159. We are in Detroit, Eastpointe and Southfield.
Legal Authority
See MCL 257.625(7) in the Michigan Legislature’s MCL database. This page is general information, not legal advice.