Michigan OWI Causing Injury: Felony Threshold & Restricted License

Michigan law separates OWI causing injury into two felony tiers based on harm severity. OWI causing serious impairment of a body function is a five-year felony under MCL 257.625(5). Serious impairment means permanent loss or significant alteration of body function—broken bones that heal without complication typically do not qualify, but spinal cord injury, traumatic brain injury, or limb amputation does. OWI causing death is a 15-year felony under MCL 257.625(4). The death does not need to be immediate. If the victim dies from crash injuries within a year and the medical examiner links the death to the collision, the charge applies retroactively even if the initial filing was for injury only. Both charges require proof of operating while intoxicated plus proof that the intoxication caused the collision that caused the harm. The prosecution does not need to prove the driver was the sole cause—contributory negligence by the victim does not block conviction—but they must establish a causal link between impairment and collision. Toxicology reports showing BAC above .08 or presence of Schedule 1 substances create a rebuttable presumption of impairment at the time of the crash.

A first OWI in Michigan without injury results in a 30-day hard suspension followed by 150 days of restricted driving with a BAIID (Breath Alcohol Ignition Interlock Device). That is a suspension—it has a defined end date, and reinstatement is administrative once the period expires and fees are paid. OWI causing injury or death triggers mandatory revocation under MCL 257.303. Revocation has no automatic end date. The license is canceled, not merely suspended. There is no form to fill out at the Secretary of State for automatic reinstatement after one year or five years. The driver must petition the Driver Assessment and Appeal Division (DAAD) for a formal hearing to request restoration of driving privileges, and the DAAD has full discretion to deny. Most drivers applying for a restricted license after an OWI injury conviction attempt to file through the standard Secretary of State restricted license application form. That form does not apply to revocations. It applies only to suspensions. Secretary of State clerks will reject the application and refer the driver to the DAAD appeal process, which requires attorney representation in most cases and has a $200 filing fee separate from any reinstatement fees that may apply if the appeal is granted.

The DAAD hearing is an administrative adjudication, not a criminal proceeding, but the burden of proof rests entirely on the petitioner. You must prove by clear and convincing evidence that you have addressed the substance abuse issue underlying the conviction and that restoring your driving privileges does not pose a substantial risk to public safety. The DAAD requires a substance abuse evaluation conducted by a state-approved evaluator within 90 days of the hearing date. The evaluation must be on the state's current form (currently the Substance Use Disorder Screening and Assessment form, revised 2023) and must include a clinical diagnosis under DSM-5 criteria. Self-reported sobriety is insufficient. The evaluator must document treatment completion, attendance records, and ongoing participation in recovery programs such as AA with verified attendance logs. You must submit at least 10 random drug and alcohol test results covering the 12 months preceding the hearing. Tests must be performed by a state-approved lab with chain-of-custody documentation. Dilute samples, missed tests, or any positive result—even for alcohol in a jurisdiction where alcohol consumption is not prohibited—will result in automatic denial. The DAAD does not grant partial credit for mostly-clean test panels. Letters of support from employers, family members, and treatment providers are required but not sufficient on their own. The DAAD hearing officer will cross-examine you on treatment compliance, relapse triggers, and lifestyle changes. Petitioners who cannot articulate a concrete relapse prevention plan or who minimize the severity of the underlying offense are routinely denied even when documentation is otherwise complete.

If the DAAD grants a restricted license after an OWI injury conviction, the terms are more restrictive than standard first-offense OWI restricted licenses. BAIID installation is mandatory for the entire restricted period, which is typically one to five years depending on the severity of the injury, prior OWI history, and compliance with treatment requirements during the revocation period. Approved driving purposes are narrowly defined: employment, court-ordered treatment programs, medical appointments for yourself or a dependent, and educational programs leading to a degree or certification. Social driving, grocery shopping, recreational activity, and visitation are not approved purposes. Some DAAD orders enumerate specific routes and specific hours tied to employment schedules—deviation from the enumerated route without prior written approval is a violation that triggers automatic re-revocation. Violations of restricted license terms are reported to the Secretary of State by law enforcement, BAIID providers, and treatment program administrators. A single failed BAIID test, a single arrest for any offense involving a vehicle (even non-alcohol-related), or a single documented drive outside approved purposes results in immediate revocation of the restricted license and a return to full revocation status. Subsequent DAAD petitions after a violation are rarely granted within the first two years following the violation. Michigan does not publish DAAD approval rates, but attorneys practicing in this area report approval rates below 40% for first-time petitioners with felony OWI injury convictions. Second and third petitions have higher approval rates if the petitioner can demonstrate sustained sobriety and compliance, but each petition requires a new $200 filing fee, a new substance abuse evaluation, and updated test results.

Michigan does not require SR-22 filings—Michigan uses a state-administered electronic insurance verification system through which carriers report policy status directly to the Secretary of State. However, once a restricted license is granted after a DAAD hearing, the driver must maintain continuous no-fault coverage for the entire restricted period and for three years following full license reinstatement. No-fault insurance for felony OWI offenders is available only through the non-standard market. Standard-tier carriers (State Farm, Auto-Owners, USAA) will not write new policies for drivers with felony convictions on their record. Non-standard carriers writing in Michigan include Geico, Progressive, National General, Bristol West, and Direct Auto. Monthly premiums for minimum liability coverage typically range from $220 to $450 per month during the restricted license period, higher than the $140 to $190 range for first-offense misdemeanor OWI. Drivers who do not own a vehicle but need to meet the insurance requirement for restricted license eligibility must purchase a non-owner policy. Non-owner policies provide liability coverage when the driver operates a vehicle they do not own—a borrowed car, a rental, or an employer's vehicle. Non-owner premiums for felony OWI offenders typically range from $180 to $350 per month. Not all non-standard carriers offer non-owner policies; Geico, Progressive, and National General confirmed availability in Michigan as of current underwriting guidelines. Lapse of coverage for any reason during the restricted license period or the three-year post-reinstatement monitoring period triggers automatic suspension of the license and requires a new reinstatement process, including payment of the $125 reinstatement fee and demonstration of continuous coverage for 30 days before reinstatement is processed.

The total cost to petition for and maintain a restricted license after an OWI injury conviction breaks into five categories. DAAD petition filing fee is $200, due at the time the petition is submitted. Substance abuse evaluation by a state-approved evaluator ranges from $150 to $400 depending on the evaluator and the complexity of the assessment. Random drug and alcohol testing for 12 months costs approximately $30 to $50 per test; 10 to 15 tests over the year total $300 to $750. BAIID installation and monitoring is the largest ongoing cost. Installation ranges from $100 to $150. Monthly monitoring fees range from $70 to $100, and the restricted period is typically one to three years. Over a two-year restricted period, BAIID costs total approximately $1,780 to $2,550. Calibration appointments every 60 days are included in the monthly monitoring fee for most providers, but missed appointments incur a $50 to $75 rescheduling fee and are reported to the Secretary of State as a compliance failure. Insurance premiums during the restricted period and the three-year post-reinstatement monitoring period are the second-largest cost. A driver paying $300 per month for non-standard coverage over five years pays $18,000 in premiums. The premium increase attributable to the felony OWI conviction (compared to a clean-record driver paying $120 per month) is approximately $10,800 over that same period. Attorney fees for DAAD representation range from $1,500 to $4,000 depending on case complexity and whether the petition is a first attempt or a subsequent appeal. Total cost over the first five years following an OWI injury conviction—combining DAAD petition, evaluation, testing, BAIID, reinstatement fees, and the insurance premium increase—typically ranges from $15,000 to $22,000. This does not include criminal defense attorney fees, court fines, restitution to victims, or lost income during the hard revocation period before restricted driving is approved.

A felony OWI conviction disqualifies the driver from holding a commercial driver's license (CDL) for life under federal law, 49 CFR 383.51. Michigan cannot issue a restricted CDL, and no waiver process exists. Drivers whose employment depended on a CDL lose that employment permanently. Non-CDL employment that requires driving—delivery drivers, sales representatives, home health aides, rideshare drivers—is typically lost during the revocation period even if a restricted license is eventually granted. Most employers' insurance policies exclude drivers with felony convictions from coverage, which means the employer cannot legally permit the employee to drive a company vehicle even if the state grants a restricted license. Rideshare platforms (Uber, Lyft) and delivery platforms (DoorDash, Instacart) conduct annual background checks and will deactivate accounts upon discovery of a felony conviction. The DAAD considers employment loss when evaluating whether to grant a restricted license, but employment need alone is not sufficient to meet the burden of proof. The petitioner must demonstrate that denying the restricted license would cause substantial hardship beyond ordinary inconvenience and that no alternative transportation options exist. Living in a household with another licensed driver weakens the hardship argument. Proximity to public transit weakens it further, even if the transit routes do not align with the petitioner's work schedule.