A third OWI offense in Michigan is a felony. The court can sentence you to 1 to 5 years in state prison and a fine of $500 to $5,000, or to probation with 30 days to 1 year in jail and 60 to 180 hours of community service. The felony applies after two or more prior convictions and is set by MCL 257.625(9)(c).
Reviewed by Attorney Kevin Bessant, Law Office of Kevin Bessant & Associates. Last reviewed October 2026.
Third-offense OWI at a glance
| Charge | OWI after two or more prior convictions, MCL 257.625(9)(c) |
|---|---|
| Level | Felony |
| Fine | $500 to $5,000 |
| Prison option | 1 to 5 years in the Department of Corrections |
| Probation option | Probation with 30 days to 1 year in county jail and 60 to 180 hours of community service |
| 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(9)(b)) |
| Trial court | The circuit court, after the case begins in district court |
The rules for which prior convictions count are technical. A lawyer should review your record before you assume how a prior will be treated.
How does a felony OWI case move through court?
- Arraignment in district court, where bond is set.
- Probable cause conference and preliminary examination. The prosecutor must show probable cause on the felony.
- Bindover to circuit court if probable cause is found.
- Resolution by dismissal, plea, or trial.
What matters in the defense
- The priors. The prosecutor must prove each prior conviction. Missing or defective records can change the charge.
- The stop, arrest, and testing. The same defenses used in a first offense apply here. See first-offense OWI.
- Sentencing. The statute offers a probation path with jail and community service. Presenting a treatment plan can matter.
Related pages: DUI and OWI defense and misdemeanor or felony offense.
Frequently asked questions
Is a third OWI always a felony?
Yes, under MCL 257.625(9)(c), a conviction after two or more prior convictions is a felony.
Does a third OWI mean prison?
Not necessarily. The statute allows either 1 to 5 years in prison or probation with jail time and community service.
Talk to a Detroit felony OWI 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.