Have A Question? Search This Site:
Understanding the Timeline of an OWI Case in Michigan
In Michigan, impaired driving cases are prosecuted under the term OWI, which stands for Operating While Intoxicated. One of the most common questions drivers ask after an arrest is: How long is this going to take? While each case is different, most OWI cases in Michigan follow a fairly predictable timeline.
From the initial arrest to the final court decision, the process can range from a few weeks to several months, depending on the specifics of the case. Factors like whether it’s a first or repeat offense, whether the driver intends to plead guilty or go to trial, and how busy the local court is can all affect the duration.
This article breaks down the typical timeline of an OWI case in Michigan. It provides a neutral, informative overview of what happens at each stage, how long each step tends to take, and what can speed up or slow down the process.
The First Stage: Arrest and Booking (Day 0)
The process starts with an OWI traffic stop and arrest. If an officer observes signs of impairment—such as slurred speech, erratic driving, or the smell of alcohol—they may conduct field sobriety tests and a preliminary breath test. If the results indicate impairment, the driver is arrested and transported to a station for:
- Booking and fingerprinting
- Chemical testing (breath, blood, or urine)
- Processing personal information
This stage usually occurs over the span of a few hours and sets the entire case in motion. A court date for arraignment is often scheduled immediately or provided shortly after release.
Arraignment: Usually Within 7 to 14 Days
The first court appearance in a Michigan OWI case is the arraignment, where the driver is formally charged. The timeline for this step typically falls within one to two weeks of the arrest.
At the arraignment:
- The judge reads the charges
- The defendant enters a plea (usually “not guilty”)
- Bond or bail may be discussed
- Pretrial conditions may be set (e.g., no alcohol use, required testing)
- The next court date is scheduled
In some misdemeanor cases, the arraignment may be waived if the driver has legal representation. However, even when waived, the case still proceeds along the same general timeline.
Pretrial Phase: 30 to 90 Days on Average
The pretrial stage is often the longest part of an OWI case in Michigan. It includes:
- Exchange of evidence (called “discovery”)
- Review of police reports, test results, and video footage
- Filing of legal motions (e.g., to suppress evidence)
- Negotiation of plea deals
This phase usually lasts between 1 and 3 months, depending on the court’s schedule, the complexity of the case, and whether plea negotiations are ongoing. In some cases, resolution can happen quickly—within a few weeks if the driver pleads guilty and the court schedule is clear.
However, if legal challenges are raised or if the case is being carefully reviewed for a possible dismissal or reduced charge, this phase may take longer.
Trial Preparation and Trial (If Applicable): 3 to 6 Months
If no plea agreement is reached, the case proceeds to trial. While many OWI cases are resolved before this point, some do move forward, especially if:
- The driver disputes the validity of the stop or test results
- There are procedural concerns
- There’s no clear plea deal offered
In Michigan, OWI trials may be held as bench trials (judge only) or jury trials, depending on the circumstances and charge level. Preparing for trial includes:
- Finalizing evidence and witnesses
- Preparing arguments
- Scheduling with the court and opposing counsel
Trials typically occur within 3 to 6 months of the arrest, but timelines can stretch further depending on court backlogs, rescheduling, or legal delays.
Sentencing: Immediately or Within 1–2 Weeks of Plea/Trial
If the driver pleads guilty or is found guilty at trial, the case proceeds to sentencing. This can happen:
- Immediately after the plea/trial, especially in straightforward first-offense cases
- Within a few weeks, especially if the court wants to review a pre-sentence investigation report (PSI) or evaluate eligibility for treatment programs
Sentencing includes decisions on:
- Jail time (if applicable)
- Fines and court fees
- Community service
- Alcohol education or treatment requirements
- License suspension or restrictions
The judge’s orders take effect shortly after sentencing, and the administrative consequences—such as license actions from the Michigan Secretary of State—often follow within a few days.
Post-Sentencing Requirements and Monitoring
After sentencing, the driver must comply with all court-imposed obligations. These may include:
- Completing a court-approved alcohol education course
- Attending AA or other treatment programs
- Installing and maintaining an ignition interlock device
- Participating in regular check-ins or monitoring if on probation
Most of these conditions begin immediately and are tracked by probation officers or court staff. For first-time OWI offenses in Michigan, court involvement usually wraps up within 3 to 6 months, but some post-conviction requirements—like probation or ignition interlock use—may last up to a year or more.
Factors That Affect the Timeline of an OWI Case
Several factors can speed up or slow down the process of an OWI case in Michigan:
Case Complexity
Simple, first-offense cases with clear evidence move faster than cases involving drugs, accidents, or procedural questions.
Court Backlog
Some Michigan courts handle more OWI cases than others. Busier courts may take longer to schedule hearings or trials.
Legal Motions
Filing motions to suppress evidence or challenge the arrest can delay the case—but may also strengthen the defense.
Plea Negotiations
Extended discussions between the defense and prosecution may push the timeline further out, especially if multiple options are being considered.
Defendant Decisions
If the driver requests a jury trial or decides to delay proceedings to gather more evidence, the process can stretch to six months or longer.
FAQ: OWI Case Timelines in Michigan
How long does a first-time OWI case usually take in Michigan?
Most first-time cases are resolved within 2 to 4 months, assuming there are no complications or legal motions.
What if I want to plead guilty right away—does that speed it up?
Yes. Pleading guilty early, especially before or during arraignment, may allow for quick sentencing and faster case closure.
Can I be in court for six months or longer?
Yes, especially if you choose to go to trial or if the court has scheduling delays.
Does refusing a breath test affect the timeline?
Not directly, but it may increase case complexity, especially if license suspension appeals or chemical test warrants are involved.
How long does probation last after a conviction?
Probation for OWI offenses in Michigan typically lasts 6 to 12 months, depending on the offense and the judge’s order.
Will my license be suspended before the case ends?
Possibly. Administrative suspensions from the Michigan Secretary of State can take effect independent of the court timeline.
How long before I can drive again?
If your license is suspended, you may be eligible for restricted driving privileges after a short waiting period, especially on a first offense.
Conclusion
OWI cases in Michigan typically take anywhere from 30 days to six months—longer if the case is complex or goes to trial. While some steps happen quickly, like arraignment and initial pretrial hearings, other stages such as negotiations or sentencing conditions may extend the timeline. Understanding how the process unfolds can help you stay informed and prepared at each step.
To see the full timeline of how impaired driving cases unfold in Michigan, visit our guide on the OWI process and timeline.
For a focused breakdown of typical case durations and stages, explore our post on how long an OWI case typically takes.