Papers and records to keep after an OWI arrest in Michigan

A Michigan OWI case produces paperwork from three sources: the arresting officer, the court, and the Secretary of State. The first papers can include a temporary license or permit on a Secretary of State form and, if there was a refusal, a written notice of the right to request a hearing within 14 days.^[1][3] Later come bond orders, discovery, court orders and mailed Secretary of State notices, some of which start deadlines of their own.^[7][4] This page lists those documents, what each one is, and the legal rule behind it.

Practical tip: keep one folder (paper or scanned), and write on each item the date it was received and how (handed over, mailed, emailed). Several deadlines run from a notice date, not from the arrest.

Papers from the arrest

Document	What it is and the rule behind it
Temporary license or permit	Issued on a Secretary of State form when the officer confiscates the plastic license after a refusal or a test showing an unlawful alcohol content or a drug, if the driver is otherwise eligible.[1] In a prosecuted case it lasts until dismissal, acquittal, or a suspension, restriction or revocation.[2]
"Test pending" notation	When a blood or urine result is not immediately available, the officer notes on the permit that a test is pending; a clean result means the license is returned by first-class mail.[8]
Notice of the right to a refusal hearing	After a refusal, written notice that a hearing may be requested within 14 days of the notice date, that failing to request one means suspension, and that a lawyer is allowed but not required.[3]
The refusal report	The officer must immediately send the Secretary of State a written report of the refusal on its form.[9] The Secretary of State's hearing request form refers to the officer's Report of Refusal, which contains the suspension notice.[10]
Citation, complaint or warrant	The charging paper on which the misdemeanor OWI arraignment takes place.[11]
Temporary registration plate	When the offense will require immobilization, such as a repeat OWI, the officer destroys the plate and issues a temporary plate valid until the charges are resolved.[12]

The chemical-test rights the officer must explain, including the right to an independent test, are listed in Michigan's implied consent law.^[13] A driver who arranges an independent test is responsible for getting that sample analyzed, so any record of it belongs in the folder too.^[14]

Papers from release and bond

• Interim bond. For a misdemeanor arrest, an interim bond may be posted with the officer or sheriff when no magistrate is available.^[15] If the defendant posted the money, it is applied first to fines, costs and assessments, with any balance returned.^[16]
• Release order and conditions. The order states the conditions of release, which may include no alcohol, testing or monitoring, treatment and license surrender.^[17] A violation can lead to a warrant and forfeited bail.^[18]
• Pending-test release condition. An order not to drive under the influence while a chemical test is pending is entered into the state's LEIN system.^[19]

Papers from the court case

• Discovery. On request, the prosecutor must provide police reports, the defendant's recorded statements, search warrants and affidavits, and exculpatory information.^[20] Chemical-test results must be produced on written request at least 2 days before trial, or the prosecution cannot use them.^[21]
• Written pleas. A not-guilty plea can be entered by a written statement signed by the defendant and any defense attorney, and a misdemeanor guilty or no-contest plea can sometimes be made in writing.^[22][23]
• Assessment and treatment plan. A screening and assessment is ordered before sentencing; for high-BAC or repeat cases, the treatment plan comes from a licensed assessor and is approved by the court.^[24]
• Presentence report. Required in felonies and optional in misdemeanors; if one is prepared, the prosecutor and the defense lawyer must receive it at least 2 business days before sentencing.^[25][26]
• Judgment of sentence and probation order. Every probation order must include conditions such as not leaving Michigan without consent and reporting as directed.^[27] A probationer may be eligible for early discharge after half of the original term.^[28]
• Sobriety court certification. For the specialty-court restricted license, the judge signs form MC-393, which goes to the Secretary of State.^[29]
• Immobilization certification. When a vehicle is immobilized, the defendant or the service provider must certify to the court that it has been done.^[30]

Prior-conviction records matter in any later case: a prior OWI is proved at sentencing by documents such as a judgment of conviction, an abstract, a court register of actions or the driving record.^[31]

Papers from the Secretary of State

• Mailed notices. Unless another method is specified, the Secretary of State gives notice by first-class mail to the address on its records, and mailed notice is complete 5 days after mailing.^[4]
• Hearing notices. For a refusal hearing, at least 5 days' notice is mailed to the driver, the officer and, on request, the prosecutor.^[32]
• Hearing decisions. A party may move for reconsideration within 21 days; transcript requests are due within 63 days of the decision (182 if the appeal period is extended), or the recording may be erased.^[33]
• Restricted license. The driver must carry proof of destination and hours while driving on it.^[5]
• Interlock reports. The provider services the device at least every 60 days and reports violations to the Secretary of State within 5 business days, with a copy to the driver.^[34] Removing a high-BAC interlock requires HBAC Form 1 and an original provider report; faxed copies are not accepted.^[35]
• Reinstatement fee receipt. A $125 reinstatement fee is due before a suspended, revoked or restricted license is issued or returned.^[36]

Papers for license restoration and set-aside

Drivers whose licenses are revoked eventually need a hearing packet. The Secretary of State currently asks for community support letters from 3 to 6 people, a substance use evaluation, a 12-panel laboratory drug screen and, where applicable, an interlock report dated within 30 days.^[37] The substance use evaluation must be dated no more than 3 months before the Secretary of State receives it.^[38] See what a restoration hearing requires.

For a later set-aside of a first-offense OWI, the application must be signed under oath and attach a certified record of each conviction, and a copy goes to the State Police with fingerprints and a $50 fee.^[6] The court form is SCAO MC 227.^[39] See setting aside an OWI conviction.

Records that other people keep

Some records are not handed to the driver but exist and can be requested. Police must keep evidentiary body-camera recordings at least 30 days, and until a pending prosecution ends.^[40] When a jury or court finds that the defendant was under the influence of, or impaired by, a controlled substance, the court sends the State Police a record of the penalties imposed, which is a public record kept at least 7 years.^[41] The Secretary of State keeps the master driving record, which a driver may request.^[42][43]

For the order in which these papers arrive, see the first 14 days after an OWI arrest and the OWI deadlines calendar. Getting the reports and video is covered in discovery and video evidence, and the sequence after arrest in what happens after an OWI arrest.