Michigan OWI Legal Glossary: Terms From Stop to Set-Aside

Michigan drunk-driving cases use words from three different systems: the criminal courts, the Secretary of State's licensing system, and crash statistics. The same word can mean different things in each. This glossary defines the terms that come up most in this guide, in alphabetical order, with the source for each definition and a link to the page that covers it in depth.

Definitions here summarize the statute, court rule or decision cited. Where a term has more than one meaning, the entry says which system it comes from.

A

Abstract (of conviction). The court's report of a conviction to the Secretary of State. Each abstract must be entered on the person's master driving record, and abstracts are open for public inspection at the Secretary of State's main office.^[5] See how long an OWI stays on your record.

Alcohol-impaired (federal statistics). NHTSA's term for a fatal crash involving a driver with a BAC of .08 or higher; the term does not mean the crash was caused by alcohol impairment.^[6] See statistics.

Alcohol-involved (Michigan statistics). A crash in which any driver, pedestrian or cyclist was reported by the officer as having been drinking.^[7]

Allowing an intoxicated person to drive. A vehicle's owner, or a person in charge of it, may not authorize or knowingly permit it to be driven by someone who is under the influence, at 0.08 or more, or visibly impaired.^[8] See allowing an intoxicated person to drive.

Any bodily alcohol content. The under-21 standard: 0.02 or more but less than 0.08, or any alcohol in the body from drinking.^[9] See the under-21 law.

Arraignment. The first court appearance on the charge. For misdemeanor OWI offenses, the statute sets arraignment within 14 days after the arrest, but a court may not dismiss a case or impose any other sanction for missing that limit.^[10] See the arraignment.

B

Bindover. The district court's order sending a felony to circuit court after the preliminary examination.^[11] The court must bind over if it finds probable cause that a felony was committed and that the defendant committed it.^[12] See the preliminary examination.

Body-worn camera recording. A police agency must keep an evidentiary body-camera recording for at least 30 days, and longer if it is the subject of an ongoing criminal or internal investigation.^[13]

Breath test (evidential). The breath test given after arrest on an approved instrument. Michigan uses the Intoxilyzer 9000; the DataMaster DMT was the earlier instrument.^[14][15] See breath-test machines.

C

Certified drug recognition expert (DRE). A law enforcement officer trained to recognize impairment in a driver under the influence of a controlled substance rather than, or in addition to, alcohol.^[16] See drug recognition experts.

Circuit court. The court that has a felony from the bindover onward.^[11]

Commercial motor vehicle. Includes a vehicle designed to carry 16 or more passengers including the driver, one with a gross vehicle weight rating of 26,001 pounds or more, and a placarded hazardous-materials vehicle.^[17] See commercial-vehicle OWI.

Controlled substance. A controlled substance or analogue as defined in the Public Health Code.^[18] See drugged driving.

Corpus delicti rule. A confession may not be admitted unless independent evidence shows that the specific injury occurred and that some criminal agency caused it.^[19]

Crime victim rights assessment. A fee ordered at conviction: $130 for a felony and $75 for a misdemeanor, one per case.^[20] See fines and costs.

Custodial interrogation. Questioning started by police after a person has been taken into custody or otherwise deprived of freedom of action in any significant way.^[21] See Miranda and OWI stops.

D

Delayed sentence. A court may delay sentencing for up to 1 year to give the defendant a chance to show eligibility for probation or other leniency.^[22]

District court. The court with jurisdiction over misdemeanors punishable by up to 1 year, and over arraignments and bail.^[23] It also handles felonies through the preliminary examination.^[11]

District court magistrate. A magistrate may not take pleas or sentence in OWI cases, though the chief judge may authorize a magistrate to arraign and set bond in them.^[24]

Dram shop act. The law that bars licensed sellers from serving minors or visibly intoxicated people and lets a person injured by them sue the seller if the unlawful sale was a proximate cause of the injury.^[25] See the dram shop law.

Driver responsibility fees. Former Secretary of State fees on certain violations. No new assessments were issued after September 30, 2018, and unpaid balances could no longer be collected after that date.^[26] See driver responsibility fees.

Driver's License Compact. An interstate agreement on sharing driver records. Michigan's 2018 PA 621, effective March 28, 2019, says the governor may enter into the compact on Michigan's behalf.^[27] See Michigan drivers arrested in another state.

Drug-involved (Michigan statistics). A crash in which any driver, pedestrian or cyclist was reported by the officer as suspected of drug use.^[28]

Drug treatment court. A court-supervised treatment program for people who abuse or are dependent on a controlled substance or alcohol.^[29]

Drug and Alcohol Clearinghouse. A federal database for commercial drivers; employers must report items such as an alcohol test of 0.04 or more and a refusal to take an alcohol test.^[30] See commercial driving careers.

DWLS (driving while license suspended). Driving while suspended or revoked carries up to 93 days in jail, a $500 fine, or both for a first violation, and up to 1 year, a $1,000 fine, or both after a prior conviction.^[31] See driving while license suspended.

F

Forfeiture (vehicle). For repeat and felony OWI convictions, the judgment of sentence may require forfeiture of the vehicle.^[32] See vehicle forfeiture.

H

Habitual offender (licensing). After a repeat-offense revocation, the convictions are prima facie evidence that the driver is a habitual offender, and the driver must rebut that presumption by clear and convincing evidence.^[33]

Habitual offender (sentencing). In felony sentencing, being sentenced as a habitual offender raises the upper limit of the recommended minimum sentence range by 25%, 50% or 100% for a second, third, or fourth or later felony.^[34] See felony sentencing guidelines.

Hardship appeal. After a first refusal suspension, a circuit court may take testimony and examine the circumstances of the license action.^[35] The court may not issue a restricted license if the person had a refusal suspension within the previous 7 years or more than 24 points in the 2 years before the suspension, or for a commercial vehicle requiring a group designation.^[36] See appealing a license sanction.

Heidi's Law. The popular name of 2006 PA 564, effective January 3, 2007, which made a third OWI a felony regardless of how long ago the priors were.^[37]

High BAC ("super drunk"). An alcohol content of 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.^[38] See the high-BAC law.

Highway or street. The entire width between the boundary lines of every publicly maintained way when any part is open to the public for vehicle travel.^[39]

Horizontal gaze nystagmus (HGN). A standardized field sobriety test of eye movement; the NHTSA manual lists three clues per eye, six in total.^[40] See the HGN test.

HYTA (Holmes Youthful Trainee Act). A program that does not apply to a traffic offense, which includes OWI.^[41]

I

Ignition interlock device. A breath-alcohol device that prevents the vehicle from starting at a breath alcohol level of 0.025 or more and requires a first retest within 5 to 15 minutes after starting.^[42] See ignition interlock.

Immobilization. A court order that a vehicle not be driven. For a first OWI conviction with no priors, the court may order immobilization for up to 180 days.^[43] The court may order the person to pay the costs of immobilizing and storing the vehicle.^[44] See vehicle immobilization.

Implied consent. A person who drives on a public highway or other place open to the public or generally accessible to vehicles is considered to have consented to chemical tests of blood, breath or urine in the situations the statute lists.^[45] See implied consent.

Implied consent hearing. A Secretary of State hearing after a refusal, limited to four issues, including whether the officer had reasonable grounds, whether the person was arrested, and whether the person was advised of their rights.^[46] See the implied consent hearing.

Independent test. A person who takes a police-requested chemical test must be given a reasonable opportunity to have a person of their own choosing give one of the tests within a reasonable time.^[47] See the independent test.

Intoxicating substance. A substance other than alcohol or a controlled substance that is recognized as a drug in listed publications, or a non-food substance, including vapors or fumes, used in a way it was not intended that may result in intoxication.^[48]

M

Master driving record. The Secretary of State record on which conviction abstracts are entered.^[5] A set-aside order may not require an OWI to be removed from it.^[4]

Medical marijuana (MMMA) and driving. For a registered qualifying patient, the Michigan Supreme Court held that the Medical Marihuana Act supersedes the "any amount" rule of MCL 257.625(8), but not the ban on driving under the influence.^[49] See marijuana and driving.

Minor in possession (MIP). Since January 1, 2018, a first violation is a state civil infraction with a fine of up to $100.^[50] See minor in possession.

Miranda warnings. Before custodial questioning, a suspect must be warned of the right to remain silent, that statements can be used in court, of the right to a lawyer, and that one will be appointed if the suspect cannot afford one.^[51]

Moving violation causing death or serious impairment. A separate misdemeanor: up to 1 year, a $2,000 fine, or both if the moving violation was the proximate cause of a death, and up to 93 days, a $500 fine, or both for serious impairment.^[52] See related charges.

N

National Driver Register. A federal register to which states report license revocations, suspensions and cancellations for cause, within 31 days.^[53] See out-of-state OWI.

Nonpublic record. After a set-aside, the State Police keep a nonpublic record of the arrest, conviction and sentence, which certain agencies may still use.^[54] See what a set-aside does.

O

Observation period. A person must be observed for at least 15 minutes by a certified operator before an evidential breath sample is collected.^[55] See the observation period.

OHAO (Office of Hearings and Administrative Oversight). The Department of State's administrative hearing office, which holds driver's license appeal hearings and issues written decisions.^[56] See the hearings office.

Open intoxicants. A driver or passenger may not carry an open or unsealed container of alcohol in the passenger area of a vehicle on a highway; doing so is a misdemeanor.^[57] See the open-container law.

Operate. Being in actual physical control of a vehicle, or causing an automated vehicle to move under its own power.^[2] A person who has put a vehicle in motion, or in a position posing a significant risk of collision, keeps operating it until it no longer poses that risk.^[58] See what counts as operating.

OWI (operating while intoxicated). Driving while under the influence of alcohol, a controlled substance or another intoxicating substance, or with 0.08 or more, or with 0.17 or more.^[1] See OWI vs. DUI vs. DWI.

OWI causing serious impairment. A felony punishable by up to 5 years or a fine of $1,000 to $5,000, or both; the maximum is 10 years if the person was at 0.17 or more and the violation came within 7 years of a prior conviction.^[59] See OWI causing serious impairment.

OWVI (operating while visibly impaired). Driving when, because of alcohol or drugs, the person's ability to operate the vehicle is visibly impaired.^[60] The jury instruction says the ability to drive, not the manner of driving, must have been lessened to the point another person would notice.^[61] See OWVI.

P

Per se offense. The 0.08 and 0.17 offenses: the jury may convict on an unlawful alcohol content whether or not it affected the person's ability to drive.^[62] See blood alcohol limits.

Personal recognizance. Release without money bail. The court must release a defendant on personal recognizance or an unsecured bond unless it decides that is not enough.^[63] See bond conditions.

Points. Secretary of State record points. OWI (including high BAC), OWI causing death or serious impairment, OWI with a passenger under 16 and the Schedule 1 "any amount" offense carry 6 points.^[64] OWVI and the under-21 offense carry 4 points.^[65] A refusal suspension also carries 6 points.^[66] See driver points.

Preliminary chemical breath analysis (PBT). The on-site breath test used to detect alcohol, a controlled substance or another intoxicating substance.^[67] See the preliminary breath test.

Preliminary examination. The district court hearing in a felony case at which the judge decides whether there is probable cause to bind the defendant over.^[12]

Presentence report. A probation officer's report on the defendant, required before sentencing for a felony and optional for a misdemeanor if the court directs it.^[68] See sentencing.

Presumption (test result). A chemical-test result is admissible and is presumed to be the same as the level at the time the person drove.^[69] See rising BAC.

Prior conviction. For section 625, includes earlier OWI-type violations and vehicle-related negligent homicide, manslaughter or murder, among others listed.^[70] To seek enhancement, the prosecutor must list the priors on the complaint and information.^[71] See how priors are counted.

Probable cause. The standard for an arrest, judged on the totality of the circumstances known to the officer at the moment of arrest.^[72] The arrest statute's term "reasonable cause" means the same thing.^[73] See probable cause.

Probable cause conference. A felony hearing before the preliminary examination that includes plea discussions and bail.^[74]

R

Reasonable suspicion. The standard for a traffic stop: an articulable, reasonable suspicion of a violation. It requires less than probable cause but more than a hunch.^[3] See reasonable suspicion.

Refusal. Declining the evidential chemical test after arrest. Without a hearing request, the license is suspended for 1 year, or 2 years for a second refusal within 7 years.^[75] See refusing a test.

Restitution. When sentencing for a felony or a misdemeanor, the court must order full restitution to any victim of the defendant's course of conduct that gave rise to the conviction.^[76][77] See crime victim rights.

Restricted license. A license allowing driving only for listed purposes, such as employment.^[78] See restricted licenses.

Revocation. After two drunk or drugged driving convictions within 7 years, or three within 10 years, the Secretary of State must revoke and deny the license.^[79][80] The minimum period is 1 year, or 5 years for a second revocation within 7 years.^[81] See license revocation.

Restoration hearing. The hearing at which a revoked driver asks for a license; the driver must prove four findings by clear and convincing evidence.^[82] See license restoration.

S

Schedule 1 ("any amount"). MCL 257.625(8) bars driving with any amount of a Schedule 1 controlled substance, or certain cocaine, in the body.^[83] See drugged driving.

Screening and assessment. Before sentencing for an OWI-type offense, the court must order an alcohol or drug screening and assessment.^[84] See the alcohol assessment.

Sentencing guidelines. Advisory for felonies, but the court must score them and take the range into account.^[85] OWI causing death is a Class C offense and third-offense OWI is Class E.^[86]

Serious impairment of a body function. Includes, among others, loss of use of a limb, a coma lasting more than 3 days, measurable brain impairment, and a skull or other serious bone fracture.^[87]

Serious misdemeanor. A crime-victim-rights category; a misdemeanor OWI is included only if it involved an accident causing damage, injury or death to another person.^[88]

Set-aside. Michigan's term for what other states call expungement. Since February 19, 2022, a first-offense OWI can be set aside, once per lifetime.^[89][90] See setting aside an OWI.

Sobriety checkpoint. A roadblock stopping drivers without individual suspicion; the Michigan Supreme Court held these violate the Michigan Constitution.^[91] See sobriety checkpoints.

Social host. A non-licensee who serves alcohol. A Michigan Court of Appeals opinion states that social host liability cannot be based on serving an adult.^[92] See social host liability.

Specialty court program. Includes drug treatment courts, DWI/sobriety courts, hybrid courts, mental health courts and veterans treatment courts.^[93] See sobriety courts.

Standardized field sobriety test (SFST). One of the tests validated by NHTSA, given in substantial compliance with NHTSA standards.^[94] The walk-and-turn and one-leg stand each use a decision point of two clues.^[95][96] See field sobriety tests.

State costs. A minimum of $68 for a felony and $50 for a misdemeanor.^[97]

T

Temporary permit. In the situations the statute lists, the officer takes the plastic license on behalf of the Secretary of State and, if the person is otherwise eligible, issues a paper temporary license.^[98]

Tort threshold. Under no-fault, an injured person can recover noneconomic damages from a driver only for death, serious impairment of body function, or permanent serious disfigurement.^[99] See suing an impaired driver.

U

Under advisement. Holding a case open without entering a conviction. A court may not take an OWI under advisement.^[100]

Under the influence. The jury definition: the person's ability to operate a vehicle in a normal manner was substantially lessened. Smelling of alcohol or having drunk alcohol does not prove it by itself.^[101] See what "under the influence" means.

V

Vehicle. Broader than a car; the Court of Appeals held that a personal electric scooter qualifies.^[102]

Victim impact statement. In a misdemeanor case, the court rule requires the judge at sentencing to let a victim who is present, or the victim's designee, make an impact statement.^[103] In a felony case, the victim has a statutory right to make an oral impact statement at sentencing.^[104]

W

Walker hearing. A hearing, held outside the jury's presence, on a motion to suppress a confession.^[105] See motions to suppress.