Have A Question? Search This Site:
A Step-by-Step Look at Michigan’s OWI Court Process
In Michigan, driving under the influence is officially prosecuted as OWI, or Operating While Intoxicated. Once an OWI arrest occurs, the case moves through a structured court process that applies to most misdemeanor and felony charges related to impaired driving. Whether it’s your first offense or you’ve been through the system before, understanding the OWI court process in Michigan helps clarify what to expect at every stage.
This post provides a neutral, educational overview of the court process after an OWI arrest in Michigan. From the moment of the traffic stop to the final court decision, we’ll explain how the legal system handles OWI charges and what steps are typically involved. While every case is unique, the structure of Michigan’s OWI process is consistent statewide.
Step 1: Traffic Stop and Arrest
The OWI court process begins with a traffic stop, often prompted by erratic driving, a traffic violation, or a sobriety checkpoint. Law enforcement officers may initiate the stop if they observe behavior such as:
- Weaving or drifting between lanes
- Driving significantly below or above the speed limit
- Ignoring traffic signals or signs
Once stopped, the officer observes the driver’s condition. Signs such as slurred speech, the smell of alcohol, or poor coordination can lead to field sobriety tests and possibly a preliminary breath test (PBT).
If the officer has probable cause, the driver is arrested and taken into custody. At the station, a more accurate chemical breath test or blood test is typically administered. If the driver’s BAC is 0.08% or higher, or if the officer has evidence of drug impairment, an OWI arrest is officially processed.
Step 2: Booking and Chemical Testing
After the arrest, the individual is booked at the police station. This includes:
- Fingerprinting
- Mugshots
- Confiscation of personal belongings
- Documentation of the arrest
Michigan’s implied consent law requires drivers arrested for OWI to submit to chemical testing. Refusing this test triggers an automatic administrative license suspension, separate from any court-imposed penalties.
The chemical test results are added to the police report, which will be submitted to the prosecutor’s office for formal review. The individual may be released the same day, often with a court date for arraignment, or held in custody overnight depending on the case.
Step 3: Arraignment
The first court appearance in Michigan’s OWI process is the arraignment, where the formal charges are presented to the driver. This typically occurs within a few days of the arrest, depending on court scheduling.
At arraignment:
- The judge reads the official charges
- The driver enters a plea (usually “not guilty” at this stage)
- Bail or bond may be set
- Conditions for pretrial release may be established
These conditions might include alcohol testing, limited travel, or installation of an ignition interlock device. In some courts, first-time misdemeanor OWI offenders may be allowed to waive the arraignment if they have legal representation. However, the arraignment is a required step for most drivers.
Step 4: Pretrial Hearings
Following arraignment, the case enters the pretrial phase, where both sides prepare for possible resolution. Pretrial hearings allow for:
- Exchange of evidence (“discovery”)
- Negotiation of potential plea agreements
- Filing of motions to suppress evidence or dismiss charges
- Scheduling of trial dates
During this time, the defense attorney may challenge the legality of the stop, the accuracy of the chemical test, or the procedures used by officers. If the defense successfully raises doubt about the evidence, the prosecution may offer reduced charges—such as lowering the offense from OWI to OWVI (Operating While Visibly Impaired).
For eligible drivers, this phase might also include evaluation for sobriety court or treatment programs, especially in counties that offer alternative sentencing options.
Step 5: Trial (If the Case Isn’t Resolved)
If no plea deal is reached and the case is not dismissed, it proceeds to trial. Most OWI cases in Michigan are handled as bench trials (with a judge), though drivers may request a jury trial for misdemeanor and felony charges.
At trial:
- The prosecution presents evidence and witness testimony
- The defense can cross-examine witnesses and present its own evidence
- The judge or jury delivers a verdict
If found guilty, the court proceeds to sentencing. If found not guilty, the case ends and any pretrial conditions (like alcohol monitoring) are lifted. While many cases are resolved before this point, the trial remains an option in cases with disputed evidence or where a plea agreement isn’t reached.
Step 6: Sentencing
If the court finds the driver guilty—or if the individual pleads guilty during pretrial—the next step is sentencing. In Michigan, OWI sentencing varies depending on:
- Whether it’s a first, second, or third offense
- The driver’s BAC level
- Whether minors were present in the vehicle
- Whether the arrest involved an accident or injury
Typical penalties for a first-time OWI include:
- Fines up to $500
- Up to 93 days in jail
- Up to 360 hours of community service
- 30-day license suspension (with restrictions following)
- Points on the driver’s license
- Required participation in alcohol education or treatment programs
A second or third offense brings more serious penalties, including mandatory jail time, longer license revocation periods, and possible felony charges. The court may also order the use of an ignition interlock device for reinstated licenses.
Step 7: Post-Conviction Requirements and Record Impact
After sentencing, drivers must comply with all conditions set by the court. This may include:
- Paying fines and court costs
- Attending alcohol education or substance abuse treatment
- Completing community service hours
- Submitting to random testing or monitoring
Failure to comply with these orders can result in additional penalties, including probation violations or jail time. Most first-time OWI convictions in Michigan are misdemeanors, but they still create a permanent criminal record unless later expunged under specific conditions.
In addition to court requirements, the Michigan Secretary of State may impose additional administrative penalties, such as reinstatement fees or mandatory re-testing to restore driving privileges.
FAQ: OWI Court Process in Michigan
How soon after an OWI arrest will I go to court?
Most drivers are arraigned within a few days to two weeks after their arrest, depending on the court’s schedule.
Is every OWI case in Michigan the same?
No. The process is standardized, but outcomes depend on the driver’s record, BAC level, and the details of the arrest.
Do I have to attend every hearing?
Yes, unless the court allows your attorney to appear on your behalf for certain procedural steps. Missing a hearing can lead to a bench warrant.
Can I get my license back before the case ends?
Possibly. Depending on your BAC, you may qualify for restricted driving privileges or a temporary permit after a short suspension period.
Will I go to jail for a first OWI in Michigan?
Jail time is possible but not guaranteed. Many first-time offenders receive fines, probation, and educational programs instead.
What if I refuse the breath test?
Refusing a post-arrest chemical test triggers automatic license penalties, even if you’re later found not guilty in court.
Can an OWI be expunged from my record?
As of recent changes to Michigan law, certain first-time OWI convictions may be eligible for expungement, but only under specific conditions and timelines.
Conclusion
The OWI court process in Michigan follows a clear, multi-stage pathway—from arrest and arraignment to trial and sentencing. Understanding what each step entails can help drivers better navigate the legal system, manage expectations, and comply with all required actions.
For a broader explanation of how this process works statewide, visit our guide on the OWI process and timeline.
To explore how the process unfolds from the moment of a traffic stop through to courtroom procedures, check out our breakdown of the OWI process from traffic stop to court.