877-Ben-Hall 517-798-5801 877-Ben-Hall Awards & Recognition
Underage DUI in Michigan. Michigan’s Zero Tolerance law (MCL 257.625(m)) makes it a civil infraction for any driver under 21 to operate a vehicle with a BAC of 0.02 or higher. A first offense carries fines up to $250, up to 360 hours of community service, 4 points on your driving record, and a 30-day license restriction. If your BAC reaches 0.08 or higher, the charge escalates to OWI, a misdemeanor with significantly harsher penalties.
If you’re under 21 and caught with a BAC of 0.02 or higher, you can be cited for underage DUI even without feeling impaired. The first offense is a civil infraction, not a misdemeanor, so no criminal record, but you’ll face fines, community service, court, and a license restriction. If your BAC is 0.08 or higher, the charge escalates to OWI (Operating While Intoxicated), a misdemeanor with potential jail time, license suspension, and a criminal record. For MSU students, even a first-time Zero Tolerance citation can ripple far beyond the courtroom, threatening scholarships, housing eligibility, internships, and professional licensing.
One charge. Lasting consequences.
Michigan’s Zero Tolerance law (MCL 257.625(m)) sets an extremely low bar for underage drivers. A BAC of 0.02, roughly one drink for many people, is enough to be cited, even without visible impairment. A first offense is a civil infraction, not a misdemeanor. It adds 4 points to your driving record and triggers a 30-day license restriction enforced by the Secretary of State. A second offense within 7 years escalates to a misdemeanor with significantly harsher penalties.
The adult legal limit is 0.08, four times higher. For college students at MSU, one drink before driving can mean a traffic stop, a formal citation, court appearances, and proceedings under MSU’s Code of Student Rights, Responsibilities, and Conduct.
An MSU student leaves a party near campus, has had one or two drinks, and feels fine to drive. A few blocks later, they’re pulled over for a minor violation, a rolling stop, a broken taillight. What started as a routine stop is now an investigation into a DUI. The officer observes closely. The smell of alcohol, red eyes, or an admission of “I only had one drink” can establish probable cause. Field sobriety tests follow, then a preliminary breath test (PBT). Under Zero Tolerance, a PBT reading of just 0.02 is enough to support a charge.
The student may receive a citation on the spot or be formally arrested. From there: court dates, missed classes, a university conduct hearing, and the anxiety of a legal case all at once.
First Offense (BAC 0.02–0.07) — Civil Infraction
Second Offense (Within 7 Years) — Misdemeanor
Michigan’s 7-year lookback applies to both prior Zero Tolerance civil infractions and prior OWI convictions; any alcohol-related driving offense within 7 years can elevate your current charge.
| Penalty | First Offense | Second Offense |
| Charge Type | Civil Infraction | Misdemeanor |
| Fine | Up to $250 | Up to $500 |
| Jail Time | None | Up to 93 days |
| Community Service | Up to 360 hours | Up to 60 days |
| License Impact | 30-day restriction | Suspension/Revocation |
| Points Added | 4 points | 4 points |
Facing an underage DUI charge in Michigan? Outcomes depend heavily on how your case is handled from the start. Contact Ben Hall Law for a confidential case review. 517-258-3090
For a first Zero Tolerance offense, jail is not a consequence. The charge is a civil infraction, which results in fines, community service, and a license restriction. A second offense within 7 years is a misdemeanor and can bring up to 93 days in jail. Factors that influence outcomes include BAC level, prior record, behavior during the stop, and compliance with court conditions. For MSU students, the absence of jail doesn’t mean the absence of consequences. A citation on your driving record or a misdemeanor OWI can still disrupt academics, campus life, and future opportunities just as severely.
A first Zero Tolerance offense results in a 30-day restricted license, not a full suspension. A restricted license limits driving to approved purposes only:
Two separate sanction systems apply. The court may impose its own conditions. The Secretary of State independently imposes administrative sanctions, the 4-point addition, and any restriction or suspension. Both apply simultaneously after conviction. License sanctions take effect after conviction, not at the traffic stop. A full suspension is likely if there is a prior offense within 7 years or a BAC of 0.08 or higher.
In Michigan, refusing a breathalyzer at the police station triggers an automatic 1-year license suspension under the implied consent law, separate from any DUI penalties. Under MCL 257.625c, driving on Michigan roads means you automatically consent to a chemical breath or blood test if lawfully arrested on suspicion of OWI or a Zero Tolerance violation.
PBT vs. chemical test:
These suspensions apply regardless of whether the underlying charge is ever convicted. A refusal hearing must be requested within 14 days of arrest, or the suspension stands.
At 0.08 or above, the charge is no longer a civil infraction; it’s a standard OWI misdemeanor, carrying:
Zero Tolerance vs OWI
| Aspect | Zero Tolerance | OWI |
| BAC | 0.02–0.07 | 0.08+ |
| Charge | Civil infraction (1st) | Misdemeanor |
| Jail | None | Up to 93 days |
| License | 30-day restriction | Suspension/Revocation |
| Criminal Record | No (1st offense) | Yes |
For MSU students, an OWI triggers proceedings under MSU’s Code of Student Rights, Responsibilities, and Conduct, can block competitive internships, and creates licensing barriers that follow you long after the case closes.
A first Zero Tolerance civil infraction does not create a criminal record, but it appears on your driving record and is visible to insurers and some professional licensing boards. An OWI misdemeanor or second Zero Tolerance offense does appear on your criminal record. Long-term consequences include:
Michigan’s Holmes Youthful Trainee Act (HYTA) may allow eligible offenders to avoid a public conviction entirely. Expungement may also be available after the fact. Both options require early legal action.
Most cases are handled in Michigan district courts. The process:
For MSU students, each court date means missed classes and added academic pressure. Experienced legal representation manages the process and protects your future.
Yes, but outcomes depend on the facts of your case. Common defense strategies include:
Outright dismissal is possible but uncommon. More frequently, an experienced attorney negotiates a reduction to a lesser offense, limiting penalties and long-term record damage. For MSU students, even a non-DUI reduction can protect a scholarship, an internship, and academic standing.
HYTA is available to individuals ages 17–24 under MCL 762.11. Courts may, in their discretion, extend eligibility to age 26, but this is not guaranteed. If approved, HYTA allows completion of probation, community service, or alcohol education in exchange for no public conviction on your record. It requires a formal request, court approval, and full compliance; failure to complete conditions makes the conviction public.
Some charges may be delayed or conditionally dismissed if the defendant meets court-ordered requirements. For first-time, low-risk offenders, these programs offer a genuine path forward. Both options require early legal action. An attorney can assess your eligibility from day one.
An underage DUI disrupts nearly every aspect of college life. If you’re an MSU student facing criminal charges, our MSU Student Criminal Defense Lawyer explains your full range of legal options.
MSU Campus Police and East Lansing city police both actively patrol near campus, especially on game days and late at night. A BAC as low as 0.02 after a tailgate can result in a Zero Tolerance citation or OWI charge.
A criminal charge, even a civil infraction, can trigger proceedings under MSU’s Code of Student Rights, Responsibilities, and Conduct independently of the court case. Possible sanctions include:
and MSU’s Medical Amnesty policy may protect students from university discipline when calling for help in an alcohol-related emergency but it provides no protection against criminal charges. It applies to emergencies, not traffic stops.
A first Zero Tolerance civil infraction generally does not trigger immigration consequences. However, an OWI misdemeanor may require SEVIS reporting and can affect F-1 visa status. International students should contact MSU’s International Students and Scholars Office (DSO) immediately and seek legal counsel with expertise in immigration law.
An underage DUI triggers two completely separate processes — resolving one does not resolve the other.
The Criminal Side: Handled at East Lansing District Court. Outcomes include fines, community service, license restrictions, and, for OWI or a second Zero Tolerance offense, a misdemeanor on your criminal record.
The University Side: MSU’s Office of Student Conduct operates under the Code of Student Rights, Responsibilities, and Conduct — independently of the court. Even a dismissed or reduced criminal charge can trigger a formal conduct investigation with sanctions including probation, housing restrictions, or suspension.
Both processes can run simultaneously, with separate deadlines and separate consequences. You need a defense strategy that addresses both from the start.
The legal process moves fast. Arraignment can happen within 24–48 hours, and MSU’s conduct process can open within days. Do not wait.
Five steps to take now:
Ben Hall Law works directly with students and families across Michigan. Call 517-258-3090 for a confidential case review.
Technically, no, practically, yes. Legal representation matters most when:
What a Michigan DUI defense attorney does:
Ben Hall Law MSU Student Criminal Defense Lawyer’s practice is specifically built around the legal and academic pressures MSU students face. The earlier you act, the more options remain available.
A BAC of 0.02 or higher results in a civil infraction under MCL 257.625(m), not a misdemeanor. First offense penalties include fines up to $250, community service, a 30-day license restriction, and 4 points on your driving record. A BAC of 0.08+ escalates to OWI, a misdemeanor with criminal record consequences.
No. A first Zero Tolerance offense is a civil infraction with no jail time. A second offense within 7 years is a misdemeanor and can bring up to 93 days in jail. OWI also carries potential jail time for a first offense.
No. License sanctions take effect after conviction. A first offense results in a 30-day restricted license. The court and the Secretary of State each impose sanctions independently, and both apply after conviction.
Yes, in some cases. An illegal stop, improper PBT, or faulty breathalyzer can support dismissal. More commonly, an attorney negotiates a charge reduction. Early representation gives you the most options.
A first Zero Tolerance civil infraction appears on your driving record only, not your criminal record. An OWI misdemeanor or second Zero Tolerance offense does appear on your criminal record. HYTA may help eligible offenders avoid a public conviction entirely.
Possibly. The limit is just 0.02 BAC, an amount one drink can exceed depending on your weight, metabolism, and timing.
OWI is a significantly more serious misdemeanor with potential jail time, license suspension, and a criminal record. A first Zero Tolerance offense is a civil infraction with no criminal record, though still serious.
Yes. Under MSU’s Code of Student Rights, Responsibilities, and Conduct, a charge can trigger a separate conduct investigation regardless of the court outcome, even if reduced or dismissed.
Refusing the evidentiary chemical test at the station triggers a 1-year automatic license suspension under MCL 257.625c regardless of whether the DUI charge is convicted. Refusing the roadside PBT is a lesser civil infraction. Contact an attorney immediately in either case.
Yes. Open container violations are common co-charges at MSU-area stops. If a passenger has open alcohol, both occupants may face citations. An attorney can address all charges together.
The decisions you make right now matter. A first Zero Tolerance civil infraction still affects your driving record, your license, and your future. An OWI creates a criminal record that follows you for years. Ben Hall Law can review your traffic stop for probable cause issues, challenge the accuracy of the breathalyzer, request an implied consent hearing, evaluate HYTA eligibility, and negotiate outcomes that limit long-term damage.
Learn more about our MSU Student Criminal Defense Lawyer, or call today for a confidential case review. Ben Hall Law represents students and young drivers facing underage DUI and OWI charges across Michigan, including at the East Lansing District Court serving MSU’s campus community. Don’t wait. Call 517-258-3090 today. The earlier you act, the more options you have.
