Michigan Compiled Laws

Mich. Comp. Laws § 777.12f (2026)

Chapter 257; felonies.

✓ current as of July 2026

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THE CODE OF CRIMINAL PROCEDURE

Act 175 of 1927

777.12f Chapter 257; felonies.

Sec. 12f.

This chapter applies to the following felonies enumerated in sections 625 to 625q of chapter VI of the Michigan vehicle code, 1949 PA 300, within chapter 257 of the Michigan Compiled Laws:

M.C.L.	Category	Class	Description	Stat Max
257.625(4)(a)	Person	C	Operating a vehicle while intoxicated or impaired or with the presence of a controlled substance causing death	15
257.625(4)(b)	Person	B	Operating a vehicle with alcohol content of 0.17 grams or more with prior conviction and causing death	20
257.625(4)(c)	Person	B	Operating a vehicle while intoxicated or impaired or with the presence of a controlled substance causing death to certain persons	20
257.625(5)(a)	Person	E	Operating a vehicle while intoxicated or impaired or with the presence of a controlled substance causing serious impairment	5
257.625(5)(b)	Person	D	Operating a vehicle with alcohol content of 0.17 grams or more with prior conviction and causing serious impairment	10
257.625(7)(a)(ii)	Person	E	Operating a vehicle while intoxicated or impaired or with the presence of a controlled substance with a minor in the vehicle — subsequent offense	5
257.625(9)(c)	Pub saf	E	Operating a vehicle while intoxicated or with the presence of a controlled substance — third or subsequent offense	5
257.625(10)(b)	Person	E	Allowing a vehicle to be operated while intoxicated or impaired causing death	5
257.625(10)(c)	Person	G	Allowing a vehicle to be operated while intoxicated or impaired causing serious impairment	2
257.625(11)(c)	Pub saf	E	Operating a vehicle while impaired — third or subsequent offense	5
257.625m(5)	Pub saf	E	Commercial drunk driving — third or subsequent offense	5
257.625q(3)	Pub saf	D	Knowingly providing false information concerning an ignition interlock device	10
257.625q(5)	Pub saf	D	Failure to report illegal ignition interlock device	10

History: Add. 2002, Act 34, Eff. Apr. 1, 2002 ;-- Am. 2003, Act 134, Eff. Sept. 30, 2003 ;-- Am. 2014, Act 220, Eff. Sept. 24, 2014 ;-- Am. 2016, Act 34, Eff. June 6, 2016

Notes of Decisions

Cited in 14 cases (10 in the last 5 years), 2015–2026 · leading case: People of Michigan v. Ieshia Danielle Barnes (Mich. Ct. App. 2017).

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People of Michigan v. Ieshia Danielle Barnes (Mich. Ct. App. 2017). · cites it 2× “, proportionate, under the circumstances. Accordingly, we affirm.”

People of Michigan v. Richard Anthony Page (Mich. Ct. App. 2021). · cites it 2× “625(7)(a)(ii) (defining OWI with an occupant less than 16 years of age and making it a felony when the defendant’s second offense); MCL 777.12f (providing that a violation of MCL 257.”

People of Michigan v. Ezra Henry Phillips (Mich. Ct. App. 2025). · cites it 2× “See MCL 777.12f. His total OV score of 110 points and his total PRV score of 75 points placed him in OV Level VI and PRV Level F.”

People of Michigan v. William Larenzo Shoulders (Mich. 2020). “See MCL 777.12f; MCL 777.33(2)(c); MCL 777.64.”

People of Michigan v. Aric Elgin Schultz (Mich. Ct. App. 2022). “MCL 777.12f. The trial court’s statement was not rendered false just because the trial court thought to use what would have been defendant’s minimum range as a habitual offender as its own guide in fashioning an upward-departing sentence.”

20230126_C360594_45_360594.Opn.Pdf (Mich. Ct. App. 2023). “MCL 777.12f. Accordingly, the minimum sentencing guidelines range, for a third- offense habitual offender, was 19 to 57 months.”

People of Michigan v. Trevin Michael Teike (Mich. Ct. App. 2023). “But MCL 777.12f provides that operating a vehicle while intoxicated causing serious impairment, MCL 257.”

People of Michigan v. Anthony Terrel Wilson (Mich. Ct. App. 2024). “12e, MCL 777.12f, and MCL 777.16p. After his conviction, defendant filed a motion, which, in part, sought resentencing based on the trial court’s scoring of OV 13 for a new reason.”

People of Michigan v. Evan Lindsey Kerr (Mich. Ct. App. 2024). “625(5)(a) (designating OWI causing serious impairment of a body function of another as a felony punishable by up to five years of imprisonment). -2- contested provision permits a guidelines departure to be based on characteristics that were already considered in determining the…”

20250212_C368257_33_368257.Opn.Pdf (Mich. Ct. App. 2025). “Regarding his OWI-III conviction, defendant argues, and the prosecution concedes, that the trial court should have assessed defendant zero points because OWI is a crime against public safety and not a crime against a person.”

People of Michigan v. Steven Russell Brcic (Mich. Ct. App. 2026). “But because OWI-3rd is classified as a Class E felony, MCL 777.12f, all of defendant’s prior OWI-3rd convictions are subsumed, along with his other three prior felony convictions, within the 30 points assigned under PRV 2 for “low-severity felony convictions,” a score that caps…”

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