Barone Defense Firm Home
Protect Your Future Don't Let One Moment
Define You. With the right defense, you can win back your life
and confidently move forward.
Is DUI a Felony or Misdemeanor?
Is DUI a Felony or Misdemeanor in Michigan? [2026 Comprehensive Guide]
In Michigan, a DUI (legally termed OWI or Operating While Intoxicated) is classified as either a misdemeanor or a felony based on your prior criminal record, the presence of minor passengers, or the occurrence of an accident. While most first-time arrests are 93-day misdemeanors, Michigan’s strict "Heidi’s Law" and "Child Endangerment" statutes can quickly elevate a charge to a five-year felony.
1. The Felony Triggers: When Does OWI Become a Felony?
Under MCL 257.625, there are four primary scenarios where a Michigan prosecutor will charge a DUI as a felony.
I. The Third Lifetime Offense (Heidi’s Law)
Michigan is one of the few states with a lifetime lookback period. If you have two prior OWI-related convictions from any time in your life, even decades ago, a third arrest is automatically a Class E felony.
- Penalty: 1 to 5 years in state prison OR 30 days to 1 year in county jail followed by a lengthy probation.
II. OWI Causing Serious Injury or Death
If an accident results in a "serious impairment of a body function" or death, the charge is a felony regardless of your prior record.
- Serious Injury: Up to 5 years in prison.
- Death: Up to 15 years in prison (20 years if an emergency responder is killed).
III. Child Endangerment with a Prior Conviction
This is a critical "trap" in Michigan law. While a first-offense OWI with a passenger under 16 is a misdemeanor, it becomes a felony if you have just one prior OWI conviction within the last 7 years (or two in a lifetime).
- The Felony Trigger: OWI + Minor Passenger + 1 Prior = 5-Year Felony.
- Related Resource: OWI: Child Endangerment DUI Laws.
IV. Prior Felony Motor Vehicle Convictions
If you have a prior conviction for any felony involving a vehicle (such as a previous Felony OWI or Fleeing and Eluding), any subsequent OWI is charged as a felony.
2. Misdemeanor OWI: The Three Categories
Even if your charge is a misdemeanor, Michigan classifies them by severity:
- 93-Day Misdemeanor: Standard OWI (1st Offense) or OWVI (Visibly Impaired).
- 180-Day Misdemeanor: "Super Drunk" (High BAC .17+) 1st Offense.
- 1-Year Misdemeanor: OWI 2nd Offense (within 7 years) or Child Endangerment (1st Offense).
3. Procedural Differences: Jail vs. Prison
A major distinction between a misdemeanor and a felony is where you serve time.
- Misdemeanors: Sentences are served in County Jail.
- Felonies: Sentences can be served in State Prison.
Because a felony OWI is a more serious "High Court" matter, it follows the Michigan Rules of Criminal Procedure for felonies, involving a Preliminary Examination where the prosecutor must prove there is probable cause to "bind the case over" to the Circuit Court. For a detailed breakdown of these steps, see our guide on Michigan Criminal Procedure.
4. Frequently Asked Questions (FAQ)
Can a 20-year-old DUI make my new charge a felony?
Yes. Due to Heidi’s Law, Michigan has no "expiration date" for prior OWI convictions when determining if a third offense is a felony. If you have two priors from 1990 and 2005, your 2026 arrest will be a felony.
Is "Super Drunk" (High BAC) a felony?
No. A "Super Drunk" charge (BAC of .17 or higher) is a misdemeanor for a first offense. However, it carries double the potential jail time (180 days) and mandatory ignition interlock requirements.
Will I lose my gun rights for a Michigan DUI?
If you are convicted of a Felony OWI, you lose your right to possess or carry a firearm under both Michigan and Federal law. A misdemeanor OWI generally does not result in the loss of firearm rights, though it may impact your ability to obtain a CPL (Concealed Pistol License) for several years.
- Related resource: Firearm rights restoration in Michigan.
Can a felony DUI be reduced to a misdemeanor?
Yes. Through aggressive defense and negotiation at the Probable Cause Conference, it is often possible to have a felony OWI reduced to a 2nd Offense Misdemeanor, particularly if there are issues with the blood/breath evidence or the legality of the initial traffic stop.
Is a 3rd DUI a felony in Michigan?
Yes. Under Heidi’s Law, a third OWI offense in a lifetime is a Class E felony in Michigan, punishable by 1 to 5 years in prison.
When does child endangerment become a felony DUI?
In Michigan, OWI with a minor passenger (Child Endangerment) becomes a felony if the driver has one prior OWI conviction within the last 7 years or two prior convictions in their lifetime.
What is the difference between jail and prison in Michigan OWI cases?
Misdemeanor OWI convictions result in jail time (up to 1 year) served in a county facility. Felony OWI convictions can result in prison time (1-5 years) served in a state correctional facility.
