Out-of-State Drivers Arrested for OWI in Michigan

A driver from another state who is arrested for drunk driving in Michigan is prosecuted in Michigan under Michigan law, and the arrest can reach the home-state license too. Michigan suspends a nonresident's Michigan "operating privilege" for a chemical-test refusal just as it suspends a resident's license, and once that action is final it must notify the home state.^[1][2] Separately, state licensing officials report drunk-driving convictions to the federal National Driver Register.^[5] This page explains how the Michigan case works for a nonresident; the effect on a home-state license is governed by the home state's own law, which this guide does not cover.

Release and travel

OWI arrests are excluded from the rule that requires police to release many misdemeanor arrestees with an appearance ticket (the officer still has discretion to issue one), and a person the officer believes is intoxicated is held until in a proper condition to be released or the next session of court.^[8][9][10] If no magistrate is available, a person arrested for a misdemeanor punishable by up to 1 year in jail may post an interim bond with the officer or sheriff.^[11]

Once a court sets release terms, the standard conditions include not leaving the state without the court's permission.^[3] For a visitor who lives elsewhere, that condition bears directly on going home, and the permission comes from the court, not from the police or the jail.^[3] The bond rules are in Bond conditions in OWI cases.

Court appearances from out of state

Misdemeanor OWI cases follow a statutory timetable: arraignment within 14 days of arrest, a pretrial conference within 35 days, and final resolution within 77 days, although missing these targets is not a ground for dismissal.^[12][13][14] Some steps can be done in writing:

• A court may allow a not-guilty plea, or standing mute, by a written statement signed by the defendant and the defense lawyer, without a formal arraignment.^[15]
• The court must order the defendant to attend the misdemeanor OWI pretrial conference.^[13]
• A written guilty or no-contest plea without a personal appearance is permitted only if the court decides it is proper given the circumstances and possible sentences, and the defendant waives trial rights in writing.^[16]

Practice on remote appearances varies by court. The court's phone number is in West Michigan courts that hear OWI cases for that region, and the stages are in The court process step by step.

Your Michigan driving privilege

A refusal sanction applies to a nonresident: if no hearing is requested within 14 days, the Secretary of State suspends the "nonresident operating privilege" for 1 year, or 2 years for a second refusal within 7 years.^[1] The officer must give written notice of the 14-day right to a hearing.^[17] Michigan's license-hearing office holds its hearings by Microsoft Teams video, and requests can be filed online, by mail, by fax or by email.^[18] The hearing is described in The implied consent hearing.

In the restoration rules, the hearing officer's power to order a restricted license before an unrestricted one does not apply to a nonresident seeking relief so that he or she may apply for a license in the home state.^[19] Restoration is covered in The license restoration hearing.

How the home state hears about it

Route	What the law says
Refusal notice from Michigan	When a nonresident's Michigan privilege is finally suspended or denied, Michigan must notify in writing the motor vehicle administrator of the state of residence and of each state where the driver holds a license.[2]
National Driver Register	Each participating state's chief licensing official reports people convicted of driving under the influence and people whose licenses are suspended for cause, within 31 days of receiving the information.[5]
Driver's License Compact	The compact's text has party states report convictions of drivers from other party states to the home state, and the home state gives a reported DUI conviction the same effect as if it happened there.[20][21] Michigan enacted the compact in 2018 PA 621, effective March 28, 2019, but whether Michigan completed entry and is a listed member was not verified.[22]

The 2018 act says the governor "may enter into" the compact on Michigan's behalf with states that legally join it.^[22] What a home state does with a Michigan conviction or refusal is decided by that state's own law and licensing agency.

Vehicles registered in another state

Michigan's vehicle immobilization statute does not apply to a vehicle registered in another state or to a rental vehicle.^[7] Forfeiture is a separate sanction under a different statute, MCL 257.625n, available for repeat and serious offenses against a vehicle the defendant owns in whole or part; the out-of-state and rental exception quoted above is written into the immobilization statute.^[23][7] See Vehicle forfeiture.

Prior convictions from other states

An earlier DUI from another state counts in Michigan. For OWI enhancement, a prior conviction includes one under a substantially corresponding law of another state.^[6] A second offense within 7 years of a prior carries a mandatory fine of $200 to $1,000 plus jail or community service, and a third offense after 2 or more priors at any time is a felony.^[24][25] The counting rules are in How prior OWI convictions are counted.

If you later move to Michigan

The Secretary of State may not issue a license to anyone whose license is suspended, revoked, denied or canceled in any state; if the action is from a state other than the one that issued the last license, Michigan may issue a license 5 years after the most recent action.^[26]

Lawyers and help

A person charged with a crime who faces possible jail and cannot afford a lawyer is entitled to an appointed one, requested at arraignment.^[27] There is no right to an appointed lawyer at a Secretary of State license hearing, and its staff cannot give legal advice.^[18] Directories of legal help and treatment are in OWI help and resources. Michigan residents arrested elsewhere can read Michigan drivers arrested in another state instead.