A second OWI within 7 years of a prior conviction in Michigan carries a fine of $200 to $1,000 plus one or more of 5 days to 1 year in jail or 30 to 90 days of community service under MCL 257.625(9)(b), and a second conviction within 7 years can also lead to license revocation. Vehicle immobilization is mandatory for a second offense unless the vehicle is forfeited.
Reviewed by Attorney Kevin Bessant, Law Office of Kevin Bessant & Associates. Last reviewed October 2026.
Second-offense OWI at a glance
| Charge | OWI under MCL 257.625(1) or (8) within 7 years of a prior conviction |
|---|---|
| Level | Misdemeanor |
| Fine | $200 to $1,000 |
| Jail | 5 days to 1 year |
| Community service | 30 to 90 days |
| Vehicle | Immobilization is mandatory unless the vehicle is forfeited (MCL 257.625(9)(e)). |
| License | Any combination of 2 listed convictions within 7 years leads to revocation (MCL 257.303(2)(c)). See license restoration. |
| Third offense | A third or later offense, after 2 or more prior convictions regardless of how long ago, is a felony. See third-offense felony OWI. |
A judge may impose one or more of the jail and community service penalties. Probation and costs are separate.
What matters most in a second-offense case
- The prior. Whether the earlier conviction is within 7 years and qualifies as a prior decides the penalty range. Records of the prior can be checked.
- The current stop and test. A stop without a lawful reason, or an inaccurate test, can lead to suppression or dismissal.
- Keeping the license. Avoiding a second conviction within 7 years avoids revocation.
- Interlock options. See ignition interlock and restricted licenses.
Related pages: DUI and OWI defense, first-offense OWI and high BAC OWI.
Frequently asked questions
What is the penalty for a second OWI in Michigan?
A fine of $200 to $1,000 plus one or more of 5 days to 1 year in jail or 30 to 90 days of community service, when the prior conviction is within 7 years.
Is a second OWI a felony?
No. A second offense within 7 years is a misdemeanor. A third offense, after 2 or more prior convictions, is a felony.
Will I lose my license for a second OWI?
A second conviction within 7 years can lead to revocation under MCL 257.303.
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 and 257.303 in the Michigan Legislature’s MCL database. This page is general information, not legal advice.