First-offense OWI in Michigan: what to expect from arrest to the end of the suspension

A first-offense OWI in Michigan is a misdemeanor case in district court that runs along two tracks: the criminal case, which can end in up to 93 days in jail, a $100 to $500 fine and community service, and a license suspension the Secretary of State imposes when it receives the conviction, which is 180 days for a first OWI.^[1][11][4] This page follows the steps in the order the statutes and court rules set them out. It does not predict how any case will end, because that depends on the facts, the evidence and the court.

"First offense" here means no prior conviction within 7 years and fewer than 2 prior convictions in a lifetime.^[1] How priors are counted is explained in how prior convictions are counted.

1. The arrest and the first night

An OWI arrest does not end with an appearance ticket; that release rule does not apply to operating-while-intoxicated offenses.^[12] A person the officer believes is under the influence is held until fit for release or until the next session of court.^[13] After arrest, the officer asks for an evidential breath, blood or urine test and must explain the chemical-test rights, including the right to an independent test and that refusing leads to a license suspension and 6 points.^[14]

If the test shows an unlawful alcohol content (0.08 or more for most adult drivers) or a drug, or the driver refuses, the officer takes the plastic license and, if the driver is otherwise eligible, issues a paper temporary permit, which lasts while the case is pending.^[15][16] A refusal starts a separate 14-day window to request a Secretary of State hearing.^[17] The first two weeks are laid out in the first 14 days after an OWI arrest.

2. Arraignment and bond

A misdemeanor OWI arraignment is to happen within 14 days of the arrest; the court may not dismiss the case if it does not.^[5] At arraignment the court gives the name of the offense, the maximum sentence, and the rights to a lawyer, to an appointed lawyer when applicable, and to a jury when required.^[18] An indigent defendant has a right to appointed counsel whenever the court might impose jail, even suspended.^[19]

The starting point for release is personal recognizance, but the court may add conditions such as no alcohol, testing and treatment.^[20][21] See the arraignment and bond conditions.

3. The pretrial conference and discovery

The court must schedule a pretrial conference among the prosecutor, the defendant and the defense lawyer within 35 days of arrest, and the defendant must attend.^[6] The court may accept a plea at the end of the conference.^[6] The criminal discovery rule applies in misdemeanor cases, and on request the prosecutor must provide police reports and the defendant's recorded statements.^[22][23] See the pretrial conference and discovery and video evidence.

4. Plea or trial

• Plea warnings. Before accepting an OWI plea, the court must state the maximum jail and fine and that license sanctions will be based on the Secretary of State's master driving record.^[24]
• A barred plea. The court may not accept a plea to the under-21 zero-tolerance offense in exchange for dismissal of an OWI charge.^[25]
• A possible lesser verdict. On an OWI charge, the judge or jury may instead find the person guilty of operating while visibly impaired (OWVI).^[26]
• Trial. A district court jury has 6 members and its verdict must be unanimous.^[27]
• Timing. The case is to be finally resolved within 77 days of arrest, except for delay caused by the unavailability of the defendant, a witness or evidence, an interlocutory appeal or exceptional circumstances (but not docket congestion); it is not dismissed if that limit is missed.^[7]

See plea agreements and jury trials.

5. The assessment and sentencing

Before sentence, the court must order a substance-abuse screening and assessment.^[8] For a high-BAC conviction, even a first one, the court must order at least 1 year of rehabilitative programming.^[8]

Sentence component	First OWI (0.08 / under the influence)	First high BAC (0.17+)
Jail	Up to 93 days[1]	Up to 180 days[2]
Fine	$100 to $500[1]	$200 to $700[2]
Community service	Up to 360 hours[1]	Up to 360 hours[2]
Treatment	As the court orders after the assessment[8]	At least 1 year of rehabilitative programming[8]
Vehicle immobilization	Discretionary, up to 180 days[28]	Discretionary, up to 180 days[28]

A non-jail sentence is presumed for ordinary misdemeanors since 24 March 2021, unless the OWI involved a crash that damaged another person's property or injured or killed someone.^[29][30] Other possible pieces include probation of up to 2 years, an interlock as a probation condition, costs of prosecution, minimum state costs and a crime victim's rights assessment.^{[31][32][33][34][35]} Community service is unpaid and the person reimburses the supervision cost.^[36] Vehicle forfeiture is not available for a first OWI or OWVI.^[37] See preparing for sentencing and first-offense OWI penalties.

6. The license suspension

The court sends the conviction abstract to the Secretary of State within 5 days, and the Secretary of State suspends the license on receiving it.^[38][3] For a first OWI under MCL 257.625(1)(a) or (b), the suspension is 180 days; a restricted license may be issued for a specified portion, but not during the first 30 days.^[4] The "30 days hard, 150 restricted" description often heard is arithmetic from that rule, not the statute's own wording.^[4]

• High BAC. A 1-year suspension with no restricted license during the first 45 days, and any restricted license is interlock-only.^[39][40]
• OWVI instead of OWI. A 90-day suspension, with a restricted license allowed for all or part of it.^[41]
• What a restricted license allows. Work driving and trips to and from home, work, court-ordered treatment, probation, community service, school and regular medical treatment, among others.^[42]
• Points and fee. OWI carries 6 points, which stay 2 years, and a $125 reinstatement fee is due before the license is returned.^[43][44][45]

An OWI or refusal in any vehicle also suspends commercial driving privileges for 1 year.^[46] See license suspension after a first OWI and, for 0.17 or more, the high BAC law.

7. After the case

• Driving record. The Secretary of State says an impaired-driving conviction stays on the driving record permanently.^[47]
• Insurance. For 3 years after an OWI conviction, a person is not an "eligible person" for auto insurance.^[48]
• Concealed pistol license. A misdemeanor OWI blocks a CPL for 3 years.^[49]
• A later offense. A new OWI within 7 years of this conviction would be a second offense, punishable by a $200 to $1,000 fine plus 5 days to 1 year in jail or 30 to 90 days of community service.^[50][51]
• Set-aside. One first-offense OWI per lifetime may be set aside on application 5 or more years after the last of sentencing, completion of probation, discharge from parole or completion of any imprisonment, but not automatically.^[9][10][52] A set-aside conviction can still count as a prior for a later charge.^[53]

See setting aside an OWI conviction. If the case involves a prior conviction, the steps are different; see second or third OWI: what to expect.