Summary of Senate Bill 920 (2025-2026) — Michigan
Purpose and scope
- Bill: SB 920
- Session: 2025-2026
- Jurisdiction: Michigan
- Topic: Crimes related to intoxication or impairment while operating a motor vehicle; penalties for OUI (operating while intoxicated) and related fatalities; amendments to section 625 of 1949 PA 300 (Michigan Vehicle Code), as amended by 2021 PA 85.
- Introduced: April 23, 2026 (Senator Albert). Referred to Committee on Civil Rights, Judiciary, and Public Safety.
- Effective date: 90 days after enactment.
Main objective
- To revise penalties and evidentiary rules for operating a vehicle under the influence of alcohol, controlled substances, or other intoxicating substances, including enhancements in cases involving death or serious impairment, and to update definitions and procedures related to prior convictions and sentencing.
Key provisions and changes
- Expanded definitions and thresholds for “operating while intoxicated” (OWI):
- Alcohol intoxication thresholds remain at:
- 0.08 g/100 mL blood, 0.08 g/210 L breath, or 0.067 L urine.
- After a certification by the state treasurer (subsection 28), the threshold would raise to 0.10 g/100 mL blood, 0.10 g/210 L breath, or 0.10 g/67 mL urine (effective 5 years after certification).
- A BAC of 0.17+ g/100 mL blood, 210 L breath, or 67 mL urine is also recognized under OWI.
- Prohibited operation by owners or custodians:
- Vehicle owners or controllers may not permit operation by someone under OWI, with similar BAC/impairment standards.
- Visible impairment standard:
- Prohibits operation if the vehicle operator’s ability is visibly impaired due to alcohol, controlled substances, or other intoxicants.
- Enhanced penalties for death or serious impairment:
- If OWI (under subsections 1, 3, or 8) causes death, penalties are increased and may include vehicle immobilization; in certain cases, mandatory or enhanced imprisonment, fines, and immobilization under 904d.
- Specific aggravating levels:
- General death-causing OWI: 5–15 years imprisonment and $2,500–$10,000 fine; immobilization if not forfeited.
- 0.17+ BAC with prior conviction within 7 years: 5–20 years imprisonment; same financial and immobilization terms.
- Death to police/fire/emergency personnel: 5–20 years imprisonment; same fines and immobilization.
- Serious impairment of bodily function:
- If OWI causes serious impairment (not death): up to 5 years imprisonment and $1,000–$5,000 fine; enhanced to up to 10 years and $1,000–$5,000 fine with prior convictions.
- Under-21 provisions:
- Individuals under 21 cannot operate a vehicle with any bodily alcohol content (0.02 g/100 mL to 0.08 g/100 mL; or 0.02 g/100 mL through certification threshold 0.10 after 5 years).
- Sanctions include misdemeanor with fines, potential imprisonment, or felony escalation with prior convictions.
- Special penalties for endangering children:
- Additional restrictions and potential higher penalties if a minor (under 16) is in the vehicle during a violation.
- Sanctions and components:
- Court may impose community service, imprisonment, fines, and may require ignition interlock devices as probation conditions.
- Vehicle immobilization (904d) may be ordered unless the vehicle is forfeited (625n).
- Provisions for proportional penalties based on prior convictions (prior conviction defined broadly to include similar offenses in Michigan and certain other jurisdictions).
- Special verdicts and record-keeping:
- For OWI involving controlled substances or impairment, courts/ juries may be required to issue special verdicts regarding intoxication and impairment findings.
- Required reporting of findings to the Secretary of State and the Michigan State Police, with records retained for at least 7 years.
- Prior convictions:
- Defines “prior conviction” for purposes of enhanced penalties (including certain previous intoxication-related offenses and negligent manslaughter/murder arising from vehicle operation).
- Limits rely on a single prior conviction for purposes of most enhancements, with exceptions for certain categories.
- Procedural notes:
- Plea restrictions prevent plea bargains that dismiss the primary OWI charge in exchange for pleading to a lesser offense in certain severe subsections.
- Prosecution must disclose prior convictions on complaint or information when seeking enhanced penalties.
Who and what would be affected
- Offenders operating or attempting to operate a motor vehicle in Michigan while intoxicated or impaired.
- Owners or custodians who permit operation by intoxicated drivers.
- Individuals under 21 and those under 16 in vehicles during violations.
- Police and emergency personnel whose deaths or injuries may lead to aggravated penalties.
- Courts, probation departments, and ignition interlock program administrators (probation conditions and ignition interlock requirements).
- State agencies (Secretary of State, Department of State Police) for record-keeping and reporting.
Timeline and administrative aspects
- Certification threshold change (0.10 BAC) would take effect five years after the treasurer’s certification under subsection (28).
- Enactment requires passage and signature; act would take effect 90 days after enactment.
Overall impact
- SB 920 strengthens penalties for OWI, particularly in cases involving death, serious impairment, or high BAC, and introduces more rigorous evidentiary and post-sentencing reporting requirements. It also tightens under-21 restrictions and supports ignition interlock conditions. The bill emphasizes public safety by increasing accountability for intoxicated driving and expanding avenues for immobilization and forfeiture where appropriate.
