Law Office of Kevin Bessant & Associates

OWI With a Child in the Vehicle in Michigan

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.

Law Office of Kevin Bessant & Associates