Getting a court-appointed lawyer for an OWI charge in Michigan

A person charged with OWI in Michigan who cannot afford a lawyer can ask the court for one. Under the court rules, an indigent defendant in a misdemeanor case has a right to an appointed attorney "whenever the offense charged requires on conviction a minimum term in jail or the court determines it might sentence to a term of incarceration, even if suspended."^[1] In felony OWI cases, the felony rules require the court to advise of the right to a lawyer at public expense.^[6]

This page explains who qualifies, how indigency is screened under the Michigan Indigent Defense Commission (MIDC) system, how to ask, what it may cost, and where the right does not reach.

When the right applies

The Michigan Indigent Defense Commission summarizes the rule this way: "If you are charged with a crime and facing the possibility of time in jail or prison, you are entitled to an attorney. If you can't afford an attorney, the local funding unit must appoint one for you."^[7] A first OWI is a misdemeanor punishable by up to 93 days in jail; repeat offenses carry longer terms, and a third offense is a felony.^[8][9]

The court rule ties the right to the possibility of jail. If an indigent defendant has no lawyer and has not waived the right to an appointed one, "the court may not sentence the defendant to jail or to a suspended jail sentence."^[1] The rights to a lawyer and to an appointed lawyer are not waived unless the defendant was informed of the right and waived it in writing in the file or orally on the record.^[10]

Why it matters for later cases

If a defendant entitled to appointed counsel was neither represented nor validly waived counsel, "a subsequent charge or sentence may not be enhanced because of this conviction," and the defendant may not be jailed for violating probation on it.^[11] OWI penalties increase with prior convictions, so the counsel record in an earlier case can affect a later one.^[11][9] See how prior OWI convictions are counted.

How to ask

1. At arraignment. At a district court arraignment the court must tell the defendant of the right to a lawyer at all proceedings and, when the rule applies, to an appointed lawyer.^[12] The MIDC says you will be asked whether you have a lawyer or need one appointed.^[7]
2. Say you cannot afford one. If the defendant requests a lawyer and claims financial inability, the court refers the defendant to the local appointing authority for screening, if the local funding unit has one in its MIDC compliance plan.^[2]
3. Fill out the financial form. The MIDC says someone at the court will give you a form that asks about your finances.^[7]
4. Appointment. If the defendant has not waived counsel, the court must refer the matter to the appointing authority for assignment of a lawyer.^[10]

By statute, the indigency decision "must be made … not later than at the defendant's first appearance in court."^[3] MIDC Standard 4 calls for counsel to be appointed "as soon as the defendant's liberty is subject to restriction by a magistrate or judge," including at arraignment.^[13] The arraignment itself is explained in the arraignment guide.

Who counts as indigent

Michigan's statute defines a defendant as indigent if he or she cannot obtain competent, qualified legal representation "without substantial financial hardship" to the defendant or dependents.^[3]

Source	Rebuttable presumption of indigency or hardship
MCL 780.991(3)(b) (statute)	Receives personal public assistance such as food assistance, TANF, Medicaid or disability insurance; lives in public housing; or earns less than 140% of the federal poverty guideline.[3]
MIDC Standard for Determining Indigency	Receives personal public assistance; net income under 200% of the federal poverty guidelines; serving a sentence; under 18; or in residential mental health or substance abuse treatment.[4]
Statute as amended, effective Oct. 1, 2027	Adds a presumption for people serving a sentence in a correctional institution or in residential mental health or substance abuse treatment.[14]

The 2027 amendment (2026 PA 70) is not in effect as of October 2026.^[14] "Rebuttable" means the presumption can be overcome by other information.

What the court looks at

Where the court decides indigency itself, or reviews the appointing authority's decision, it is guided by present employment and earning capacity, debts, public assistance, property that could be converted without undue hardship, the MIDC presumptions, and other circumstances affecting ability to pay.^[15] The court reviews an appointing authority's determination de novo, meaning fresh, and may consider new information.^[15] "The ability to post bond for pretrial release does not make the defendant ineligible for appointment of a lawyer."^[2]

What it may cost

"If a defendant is able to pay part of the cost of a lawyer, the court may require contribution to the cost of providing a lawyer and may establish a plan for collecting the contribution."^[16] The MIDC says appointed attorneys "are ethically prohibited" from taking money from an indigent defendant in an assigned case.^[7] Court-ordered costs in OWI cases generally are covered in fines and costs.

What MIDC standards expect of appointed lawyers

• Counsel at arraignment and ready to argue bond, even if an interim bond was set.^[13]
• Counsel at pretrial proceedings, during plea negotiations and at other critical stages, in or out of court.^[17]
• For a client held in jail, the MIDC asks appointed lawyers to visit within three business days of appointment.^[7]
• Interim caseload caps of 150 felonies or 400 non-traffic misdemeanors per attorney per year.^[18]

The MIDC does not appoint lawyers in individual cases; the local funding unit's system does.^[7]

Felony OWI cases

In a felony case, the court must advise at arraignment of the right to a lawyer at all proceedings and to a lawyer at public expense if unable to pay, and must ask whether the defendant wants one and can afford one.^[6] The court may not allow an initial waiver of counsel without first advising of the charge, the maximum prison sentence, any mandatory minimum and the risks of self-representation, and offering a chance to consult a lawyer.^[19]

Appeals

After a misdemeanor sentence that includes jail, even suspended, an indigent defendant's request for an appellate lawyer made within 14 days after sentencing must be granted by the appointing authority.^[20] See appealing an OWI conviction.

Where the right does not reach: license hearings

The Secretary of State's hearing office says: "As driver's license matters are administrative, there is no right to an attorney if you cannot afford one."^[5] A common belief is that an appointed criminal lawyer automatically handles the license side; the appointment rules above concern the criminal case. See the implied consent hearing guide.

Other places to look for legal help

The State Bar of Michigan Lawyer Referral Service, (800) 968-0738, matches callers with a participating lawyer for a $25 administrative fee covering a consultation of up to 25 minutes, weekdays 8:30 a.m. to 5:00 p.m.^[21] Michigan Legal Help, a free self-help website, has a crime and traffic section covering criminal law basics and driver's licenses.^[22] More are listed in OWI help and resources, and the sister guide compares options in court-appointed lawyer versus hiring a lawyer. For questions to bring to any lawyer, see questions to ask an OWI lawyer.