Michigan's zero tolerance law for drivers under 21

The offense

MCL 257.625(6) says a person under 21, licensed or not, may not drive on a highway or other place open to the public, including parking areas, with any bodily alcohol content. The statute defines that as either:

• an alcohol content of 0.02 or more but less than 0.08, or
• any presence of alcohol in the body from drinking, other than as part of a generally recognized religious service or ceremony.

Penalties

For a first zero tolerance conviction, MCL 257.625(12)(a) allows one or both of:

• community service of up to 360 hours, and
• a fine of up to $250.

With 1 or more prior convictions within 7 years, the court may order up to 60 days of community service, a fine of up to $500, and up to 93 days in jail. The court can also order costs.

License consequences

Under MCL 257.319(8):

• a first zero tolerance conviction with no prior within 7 years brings a 30-day suspension, and the Department of State may issue a restricted license for all or part of it; and
• a second within 7 years brings a 90-day suspension.

The Department of State also adds the conviction to your driving record, and it can affect insurance.

When it becomes an OWI case

The zero tolerance offense is for levels below the adult limit. If a driver under 21 is under the influence or at 0.08 or more, the charge can be OWI, with the full OWI penalties and license sanctions. See the penalties guide and the license sanctions guide.

Refusing the test

Implied consent applies at any age. Refusing the chemical test after an arrest triggers the 14-day deadline to request a hearing, or a 1-year suspension. The 14-day hearing guide explains it.

Points and the roadside test

A zero tolerance conviction adds 4 points to a Michigan driving record under MCL 257.320a. Refusing the roadside preliminary breath test is a civil infraction under MCL 257.625a, and for a driver under 21 the refusal itself adds 2 points. Points stay on the record for two years from the conviction date.

Graduated licenses

Many drivers under 21 still hold a graduated license with its own conditions. A conviction or license suspension can affect when a young driver moves up a level. The Department of State can explain how a conviction affects a specific license.

Questions to write down

• What exactly am I charged with: zero tolerance, OWI, or something else?
• What is my court date, and must I attend in person?
• Will the conviction be reported to the Department of State, and when would any suspension start?
• Is a restricted license possible, and what does it allow?
• What happens if I live or study outside Michigan?

Other charges that can come with it

Possession or purchase of alcohol by someone under 21 is a separate matter under the Michigan Liquor Control Code, and it is handled separately from the driving charge. If you were given more than one ticket, read each one for its own court date and requirements, and ask a lawyer how they fit together.

Telling school, work, or your insurer

Some schools, employers, and insurers ask about arrests or convictions. What you must tell them depends on their own rules and on the questions they ask. Read the policy, or ask a lawyer, before you answer. This site cannot give advice about any one situation.

If you live outside Michigan

Students and visitors licensed in another state are still subject to Michigan's zero tolerance law while driving here. A Michigan conviction can be reported to your home state, which may take its own action. Ask a lawyer whether you must come back for court dates, and ask your home state's licensing agency how it treats an out-of-state conviction.

The first court date

A zero tolerance ticket comes with a court date, usually at the district court for the place where you were stopped. Call the court or check its website to confirm whether you must appear in person, and whether the court lets you take care of anything before that date. Bring the ticket and any paperwork the officer gave you.

For students and parents

Many young drivers charged in Lansing are students. A few practical points:

• Keep every paper the officer gave you, including the temporary license and any refusal notice.
• Note the court and date on the citation or bond paperwork; missing court can lead to a warrant.
• If you live out of state, ask a lawyer what you must attend in person.

Local OWI lawyers are in the directory. Penalties can change; confirm with the court or a licensed attorney.