The Michigan OWI court process, step by step

A Michigan OWI case follows a set order: arrest and booking, arraignment, release on bond, a pretrial conference, then a plea or a trial, an alcohol assessment, and sentencing. Misdemeanor cases stay in district court from start to finish; felony cases add a probable cause conference and a preliminary examination in district court before moving to circuit court.^[1][2][9]

Each step below names its legal basis and links to the guide that covers it in depth. Michigan practice varies by court and judge in the details, such as scheduling and whether hearings are held by video; this page sticks to what the statutes and court rules say.

Which court hears the case

Type of case	Where it is heard
Misdemeanor OWI cases punishable by up to 1 year, such as a first offense	District court, which has jurisdiction over misdemeanors punishable by up to 1 year and over arraignments and bonds in every case.[1]
Felony OWI (third offense, OWI causing death or serious impairment, and others)	District court through the preliminary examination and bindover; then circuit court, where a circuit judge must sentence.[2][3]

A first OWI is a misdemeanor punishable by up to 93 days in jail, and an OWI after two or more prior convictions at any time is a felony.^[10][11] If a felony case ends in a misdemeanor plea after bindover, the circuit court does the sentencing.^[12]

Step 1: Arrest, testing and release

An OWI arrest does not end with an appearance ticket at the roadside. Michigan's appearance-ticket release rule for misdemeanors excludes "an operating while intoxicated offense."^[13] A person who, in the officer's opinion, is under the influence must be held until in a proper condition to be released or until the next session of court.^[14] If no magistrate is available, a person arrested for a misdemeanor punishable by up to 1 year may post an interim bond set by the officer within statutory limits.^[15]

At the same time, a separate license process starts. If the driver refuses the chemical test, or a test shows an unlawful alcohol level or a drug, the officer takes the license and, if the person is otherwise eligible, issues a temporary paper permit.^[16] After a refusal, the officer must give written notice that a hearing may be requested within 14 days of the notice date.^[8] The guide what happens after an OWI arrest covers this stage in detail.

Step 2: Arraignment

The arraignment is the first court appearance on the charge. For a misdemeanor OWI-type offense, the person must be arraigned not more than 14 days after the arrest (or after a warrant is served, whichever is later).^[4] At a district court arraignment, the defendant must be told the name of the offense, the maximum sentence, the right to a lawyer at all proceedings, the right to an appointed lawyer when it applies, and the right to a jury trial when required by law.^[17]

In a felony case, the court must set a probable cause conference 7 to 14 days after arraignment and a preliminary examination 5 to 7 days after that conference, and it may not ask the accused about the offense or request a plea.^[18] See the full arraignment guide.

Step 3: Bond and release conditions

Under the court rule, the default is release on personal recognizance or an unsecured bond, with conditions to appear, not leave the state without permission and commit no crime, unless the court finds that would not ensure appearance or would endanger the public.^[19] The court may add conditions such as no alcohol, substance-abuse testing or monitoring, treatment, and surrender of the driver's license.^[20] These are covered in bond and release conditions in OWI cases.

Step 4: A lawyer

An indigent misdemeanor defendant has a right to an appointed lawyer whenever the charge requires a minimum jail term or the court might sentence to jail, even if suspended.^[21] Without a lawyer or a valid waiver, the court may not sentence that defendant to jail or a suspended jail term.^[21] See getting a court-appointed lawyer.

Step 5: Pretrial conference and discovery

In every misdemeanor OWI case, the court must schedule a pretrial conference among the prosecutor, the defendant and defense counsel within 35 days of arrest (42 days if the district has only one judge sitting in more than one location).^[5] The defendant must attend, and the court may accept a plea at its end.^[5] Each party may get only one adjournment, of no more than 14 days.^[5] Under the court rules, the court may require collateral matters and pretrial motions to be filed and argued no later than the pretrial conference.^[22]

Discovery is the exchange of evidence. In misdemeanor cases, the discovery rule applies, but mandatory reciprocal disclosure under MCR 6.201(A) applies only if the defendant requests it.^[23] Chemical-test results must be furnished at least 2 days before trial on a proper written request.^[24] See the pretrial conference guide and the discovery and video evidence guide.

Step 5 (felony): Probable cause conference and preliminary examination

In a felony case, both sides are entitled to a probable cause conference unless both waive it; it includes plea discussions and bail and bond modification.^[25] At the preliminary examination, if the court finds probable cause that a felony was committed and the defendant committed it, the defendant is bound over to circuit court.^[26] A defendant may waive the examination only with the prosecutor's consent, which results in bindover.^[27] A district judge may accept a felony plea, but sentencing is by a circuit judge.^[28] See the preliminary examination guide.

Step 6: Motions

Motions are written requests asking the court to rule on a legal issue before trial, such as whether evidence was lawfully obtained. The motions to suppress guide explains what can be challenged and the rules that apply. The district court rule allows the court to set the pretrial conference as the deadline for pretrial motions.^[22]

Step 7: Plea or trial

Plea

Before accepting a guilty or no-contest plea to an OWI offense, the court must advise of the maximum jail term and fine and that the maximum license sanctions will be based on the Secretary of State's master driving record.^[29] For a misdemeanor plea, the court must find the plea understanding, voluntary and accurate and explain the trial rights being given up.^[30] The court may not accept a plea to the under-21 "zero tolerance" offense in exchange for dismissal of an OWI charge, though it may dismiss on the prosecutor's motion.^[31] See plea agreements in OWI cases.

Trial

A district court criminal jury has 6 members and only a unanimous verdict is accepted.^[32] A defendant may give up a jury and be tried by the judge only with the prosecutor's consent and the court's approval.^[33] See the OWI jury trial guide.

The 77-day target

The court must finally resolve a misdemeanor OWI case within 77 days of arrest, apart from listed excusable delays, but "shall not dismiss a case or impose any other sanction" for missing it.^[6] The same no-dismissal language applies to the 14-day arraignment target.^[4] A common belief is that a missed deadline ends the case; the statute says otherwise.

Step 8: Assessment and presentence report

Before sentencing for OWI, OWVI, the injury and death offenses, zero tolerance, child endangerment or the Schedule 1 drug offense, the court must order screening and assessment to decide whether the person is likely to benefit from rehabilitative services.^[7] A presentence investigation report is required in felony cases and, in misdemeanor cases, only if the court directs it.^[34] A presentence report, if prepared, must be given to both sides at least 2 business days before sentencing.^[35] See the alcohol assessment guide.

Step 9: Sentencing

At a misdemeanor sentencing, the court must let defense counsel and the defendant speak, give the prosecutor an equal chance, and let any victim present (or a designee) make an impact statement.^[36] Since March 24, 2021, there has been a rebuttable presumption of a fine, community service or other non-jail, non-probation sentence for a misdemeanor other than a "serious misdemeanor," and the court may depart from it if it states reasonable grounds on the record; a misdemeanor OWI is a "serious misdemeanor" without that presumption only if it involved an accident causing damage to another's property, injury or death.^[37][38] The sentence ranges for each offense are in the penalties chart. A court may not take an OWI under advisement or mask it from the driving record.^[39] See OWI sentencing.

Step 10: Appeal

Case	Appeal route and deadline
Misdemeanor after trial	Appeal of right to circuit court within 21 days after the judgment.[40][41]
Misdemeanor after a plea	Application for leave to the circuit court, filed within 21 days.[40][41]
Felony	Appeal of right to the Court of Appeals within 42 days; an application for leave (required after a plea) within the later of 6 months or 42 days after listed events.[42]

Details are in appealing an OWI conviction, and a full table of time limits is in OWI case deadlines.