Michigan’s zero tolerance law makes it a crime for a driver under 21 to drive with any bodily alcohol content, meaning 0.02 or more but less than 0.08, or any alcohol from drinking (MCL 257.625(6)); a first offense is a misdemeanor with up to 360 hours of community service, a fine of up to $250, or both. With a prior conviction within 7 years, jail of up to 93 days becomes possible.
Reviewed by Attorney Kevin Bessant, Law Office of Kevin Bessant & Associates. Last reviewed October 2026.
Underage DUI at a glance
| Charge | Driving under 21 with any bodily alcohol content, MCL 257.625(6) |
|---|---|
| Threshold | 0.02 or more but less than 0.08, or any alcohol present from consuming alcoholic liquor, except as part of a generally recognized religious service or ceremony |
| First offense | Misdemeanor. Community service up to 360 hours, a fine up to $250, or both. |
| Prior within 7 years | Community service up to 60 days, a fine up to $500, or jail up to 93 days, one or more of these. |
| Child in the vehicle | A passenger under 16 raises the penalty under MCL 257.625(7)(b). See OWI with a child. |
| Points | 4 points (MCL 257.320a). |
| If 0.08 or more | A full OWI charge under 257.625(1) can be filed instead. See first-offense OWI. |
License consequences are separate from the criminal case. Refusing a chemical test also has its own sanction. See refusing a chemical test.
Defense issues
- The stop. Police need a lawful reason to stop and detain the driver.
- The test. Low readings leave little margin for error in equipment, procedure and timing.
- Age and driving. The prosecution must prove the driver’s age and that the person was operating the vehicle.
- The long-term record. A conviction can count toward later license action, so the plea matters.
Related pages: DUI and OWI defense, minor in possession and expungement.
Frequently asked questions
What is Michigan’s zero tolerance BAC for drivers under 21?
Any bodily alcohol content, defined as 0.02 or more but less than 0.08, or any alcohol present from drinking.
What is the penalty for a first zero tolerance offense?
A misdemeanor with up to 360 hours of community service, a fine of up to $250, or both.
Can I be charged with a full OWI if I am under 21?
Yes. If the BAC is 0.08 or more, or you are impaired, the full OWI charge can apply.
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(6) and (12) in the Michigan Legislature’s MCL database. This page is general information, not legal advice.