The pre-sentence alcohol assessment in Michigan OWI cases

Michigan law requires a substance-abuse screening and assessment before every OWI sentence. Under MCL 257.625b(5), before imposing sentence for a violation of section 625(1), (3), (4), (5), (6), (7) or (8), "the court shall order the person to undergo screening and assessment by a person or agency designated by the office of substance abuse services to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs."^[1] The result feeds into what treatment, if any, the sentence includes, and in some cases treatment of at least a year is mandatory.^[1]

This page explains the requirement and how it is used. It does not suggest what to say during an assessment; the process is a clinical evaluation for the court.

Which convictions trigger the assessment

The requirement covers every offense in the listed subsections of section 625, and local ordinances substantially corresponding to section 625(1), (3), (6) or (8):^[1]

• OWI, including the 0.08 and high-BAC (0.17) tiers, under 625(1).^[2][1]
• Operating while visibly impaired (OWVI) under 625(3).^[3][1]
• OWI causing death or serious impairment under 625(4) and (5).^[1]
• The under-21 zero-tolerance offense under 625(6).^[1]
• OWI with a child under 16 in the vehicle under 625(7).^[1]
• Any amount of a schedule 1 drug or cocaine under 625(8).^[4][1]

The assessment comes before sentencing, so it falls between the plea or verdict and the sentencing hearing described in how OWI sentencing works.^[1]

Three levels: what the assessment leads to

Situation	What the statute requires
First offense, not high BAC	Screening and assessment; the court "may" order completion of one or more rehabilitative programs as part of the sentence.[1]
High BAC (0.17+), or 1 or more prior convictions	The court "shall" order completion of one or more rehabilitative programs, such as an alcohol treatment program or a self-help program, for at least 1 year; the treatment plan must be devised from an assessment by an appropriately licensed alcohol assessor and approved by the court.[1]
2 or more prior convictions	In addition, an assessment using a standardized evidence-based instrument to determine whether the person has a diagnosis for alcohol dependence and would likely benefit from FDA-approved medication-assisted treatment.[1]

The high-BAC rule applies even on a first offense: a person convicted at 0.17 or more must be ordered into at least a year of rehabilitative programming.^[1] For the rest of the high-BAC sanctions, see the high-BAC law. What counts as a "prior conviction" is explained in how prior convictions are counted.

Who performs the assessment

The statute assigns the basic screening and assessment to "a person or agency designated by the office of substance abuse services."^[1] For mandatory treatment, the plan must come from "an appropriately licensed alcohol assessor."^[1] For the 2-prior assessment, the statute requires a "provider or other licensed or certified substance use disorder professional," which it defines to include individuals certified by the Michigan Certification Board for Addiction Professionals and individuals trained in assessments for alcohol dependency.^[1]

The statute does not name a single statewide agency in the text quoted here, and courts arrange the referral in their own ways. Practical steps that apply anywhere:

• Ask the court clerk or probation department, at or after the plea, which agency the court uses and how to schedule.
• Keep copies of anything the assessor gives you, and any receipts.
• Bring identification and any paperwork the agency asks for, and arrive early.
• If you are already in counseling or treatment, ask your provider whether records can be shared with the assessor, and keep proof of attendance.

The independent assessment and medication rules

When the 2-prior assessment is ordered, the person may request an independent assessment that uses a standardized evidence-based instrument, and the court "shall grant" the request and consider its results along with the required assessment before deciding on a referral to a program offering FDA-approved medications.^[1] The statute then sets limits on medication-assisted treatment:

1. Only a provider may recommend it.^[1]
2. Only a provider may determine the type, dosage and duration; "provider" means a person with prescribing authority who communicates with the treatment team and has training or experience treating alcohol dependency.^[1]
3. The person "always maintains the right to refuse ingestion or injection of medication," and the court may not hold the person in contempt for refusing.^[1]

This guide relies on the current text of the statute for these rules; when the medication language was added was not confirmed against the amending act.^[1]

Who pays

"If no other identified funding source is available, the person shall pay for the costs of the screening, assessment, or assessments, as applicable, and rehabilitative services ordered under this subsection."^[1] Whether insurance or a public program covers an assessment depends on the person's coverage and the agency; it is worth asking the agency before the appointment. For public treatment resources, see getting help for alcohol or drug use.

How the assessment relates to the presentence report and probation

The assessment is separate from the presentence report. A presentence report is required in felony cases and optional in misdemeanors, and under the court rule it includes the defendant's medical history and substance abuse history, if any.^[5][6] If a report is prepared, it must be shared with both sides at least 2 business days before sentencing.^[7]

Treatment can also be ordered through probation: the probation statute lets the court order inpatient or outpatient drug treatment, substance abuse counseling, or a drug treatment court, and requires conditions to be tailored to the person's assessed risks and needs.^[8][9] See probation after an OWI. A sobriety court is another route; it is explained in sobriety courts.

Treatment and driving

The assessment statute expressly says it "does not require the person to successfully complete an ordered rehabilitative program before driving a vehicle with an ignition interlock device on a restricted license."^[1] License eligibility itself is governed by the Secretary of State rules discussed in what an OWI does to your driver's license.

Common misunderstandings

• "The assessment is only for people with prior convictions." It is required before sentencing for every listed OWI-type offense, including a first offense.^[1]
• "Treatment is always ordered." For a first offense below 0.17, the statute says the court "may" order it.^[1]
• "The judge can force medication." The person may refuse medication-assisted treatment without being held in contempt.^[1]