Can You Legally Drink Alcohol in the Car While Driving in Michigan?
No. A driver in Michigan commits a crime with a blood alcohol content of .08 or more (age 21+) or .02 or more (under 21), and can be arrested at any level if impaired, according to the Michigan State Police. Federal law (23 U.S.C. 154) also requires states to ban open alcohol containers and drinking in a vehicle's passenger area, including by the driver. Drinking while driving is never legal.
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Is it legal to drink while driving in Michigan?
No. According to the Michigan State Police:
- It is a crime for a driver to have a bodily alcohol content of .08 or greater if over 21, or .02 or greater if under 21.
- Michigan has a high-BAC law with enhanced penalties at .17 or higher.
- Drivers can be arrested at any BAC level if they show signs of impairment.
Open containers in the car
Federal law (23 U.S.C. 154) requires each state to have a law prohibiting the possession of any open alcoholic beverage container, and the consumption of any alcoholic beverage, in the passenger area of a motor vehicle on a public highway, including by the driver. An open container means any bottle or can with alcohol that is open, has a broken seal, or has had some contents removed. We could not read Michigan’s own statute today (the state legislature website was unavailable), so check it for passenger rules and exceptions.
Penalties for a first drunk-driving offense (Michigan State Police)
- BAC below .17: up to $500 fine, up to 93 days in jail, up to 360 hours of community service, up to 180 days license suspension, 6 points.
- BAC .17 or higher: up to $700 fine, up to 180 days in jail, up to one year license suspension, 6 points, mandatory alcohol treatment program, ignition interlock for a restricted license.
- Refusing a breath test the first time: automatic one-year license suspension.
Plan a sober driver, a ride service or an overnight stay. See how much you drank with the standard drink calculator, but do not use it to decide whether you can drive.
What are the main Michigan alcohol laws (MI alcohol laws) for drivers?
Three rules matter most in a car, according to the Michigan Judicial Institute benchbook: an open container of alcohol cannot be carried in the passenger area, a person under 21 cannot drive with “any bodily alcohol content,” and a minor cannot buy or possess alcohol. Laws change, so read the statute.
What is Michigan’s open intoxicant (open container) law?
MCL 257.624a says an operator or occupant “shall not transport or possess alcoholic liquor in a container that is open or uncapped” in the passenger area. The benchbook lists one exception: where a vehicle has no trunk or separate compartment, an open container may ride in a locked glove compartment, behind the last upright seat, or in an area not normally occupied by the driver or passengers. Passengers in a commercial quadricycle are generally exempt unless a local ordinance says otherwise. The benchbook describes a violation as a misdemeanor with possible points and license sanctions. Its penalty figures differ from other sources we read, so check the statute for the current ones.
Other Michigan liquor rules
- Minors cannot purchase or attempt to purchase alcohol (MCL 436.1703).
- A first minor violation is a civil infraction with a fine of up to $100.
- A minor who seeks medical help for a health concern can be exempt.
This is general information, not legal advice. For your own case, ask a Michigan lawyer.
People also ask
Can you drink alcohol in the car while driving in Michigan?
No. Drivers face drunk-driving charges at .08 (.02 under 21) or at any level if impaired, and federal rules require states to ban open containers and drinking in the passenger area, including by the driver.
What is the legal limit in Michigan?
.08 BAC for drivers 21 and over, .02 for drivers under 21, and a high-BAC offense at .17 or more (Michigan State Police).
What happens if you refuse a breath test in Michigan?
An automatic one-year license suspension the first time, two years for a second refusal within seven years (Michigan State Police).
What are Michigan's alcohol laws for drivers (MI alcohol laws)?
Per the Michigan Judicial Institute benchbook: no open container in the passenger area, no driving under 21 with any bodily alcohol content, and no purchase or possession of alcohol by a minor.
What is Michigan's open container law?
MCL 257.624a bars carrying alcohol in a container that is open or uncapped in the passenger area of a vehicle, with an exception for a locked glove box or an area not occupied by people in a vehicle with no trunk.
Can a driver under 21 have any alcohol in Michigan?
No. MCL 257.625(6) bars a person under 21 from driving with any bodily alcohol content, per the Michigan Judicial Institute benchbook.
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