The OWI arraignment in Michigan: what happens at the first court date

The arraignment is the first court appearance on an OWI charge. The court tells the defendant what the charge is and the maximum sentence, explains the right to a lawyer and the right to a jury, and decides the terms of release before trial.^[2][4] For a misdemeanor OWI-type offense, it must happen not more than 14 days after the arrest.^[1]

This page treats misdemeanor and felony arraignments separately, because different court rules govern each.^[5] The rest of the case is mapped in the OWI court process, step by step.

Why there is no "ticket and go home" in an OWI case

Michigan generally requires police to release people arrested for low-level misdemeanors with an appearance ticket, but that rule does not apply to "an operating while intoxicated offense."^[6] 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.^[7] Unless released beforehand, an arrested person must be taken before a court for arraignment without unnecessary delay, in person or by two-way interactive video.^[8]

If no magistrate is available, a person arrested for a misdemeanor punishable by up to 1 year may post an interim bond with the arresting officer, a supervisor or the sheriff, subject to the hold-until-sober rule.^[9][7] The guide what happens after an OWI arrest covers booking and release.

Timing: the 14-day rule for misdemeanor OWI

A person arrested for a misdemeanor violation of MCL 257.625(1), (3), (6), (7) or (8), or 625m, "must be arraigned on the citation, complaint, or warrant not more than 14 days after the arrest," or within 14 days after an arrest warrant is served, whichever is later.^[1] The same subsection says: "The court shall not dismiss a case or impose any other sanction for a failure to comply with this time limit."^[1] The 14-day rule does not apply to felony OWI or to a misdemeanor joined with a felony.^[1]

This 14-day rule is different from the 14-day deadline to request a hearing after refusing a chemical test, which runs from the date of the officer's written notice and is handled by the Secretary of State.^[10] The first 14 days checklist lays both out.

Misdemeanor arraignment in district court

What the court must say

Under MCR 6.610(D)(1), the defendant must be informed of:^[2]

• the name of the offense;^[2]
• the maximum sentence permitted by law;^[2]
• the right to the assistance of an attorney at all court proceedings, including arraignment, and to a trial;^[2]
• the right to an appointed attorney, when the indigency rule applies; and^[2][11]
• the right to a trial by jury, when required by law.^[2]

The court may give this information in writing made part of the file or on the record.^[2] The rights to a lawyer, to an appointed lawyer and to a jury are not waived unless the defendant was informed of the right and waived it in writing in the file or orally on the record.^[12]

Plea options

Plea	What the court rules say
Not guilty, or standing mute	The court may allow either without a formal arraignment, through a written statement signed by the defendant and any defense attorney, and may require a bond as a condition.[13]
Guilty	The court must find the plea understanding, voluntary and accurate, establishing support for guilt by questioning the defendant.[14][15]
No contest (nolo contendere)	The court does not question the defendant about participation in the crime and decides accuracy from other information.[15]

Before accepting a guilty or no-contest plea to an OWI offense, the court must advise the defendant of the maximum jail term and fine, and "that the maximum possible license sanctions that may be imposed will be based upon the master driving record maintained by the secretary of state."^[16] The court must also explain that the defendant gives up the rights to call and cross-examine witnesses, to testify or remain silent, and to the presumption of innocence.^[14] The difference between guilty and no-contest pleas is discussed in the sister guide's page on guilty versus no-contest pleas.

A lawyer at arraignment

"The arrested person is entitled to the assistance of an attorney at arraignment unless (1) the arrested person makes an informed waiver of counsel or (2) the court issues a personal bond and will not accept a plea of guilty or no contest at arraignment."^[8] That rule applies to misdemeanors as well as felonies.^[5] If the defendant asks for a lawyer and says he or she cannot afford one, the court refers the defendant to the local appointing authority for screening where one exists.^[17] See getting a court-appointed lawyer.

Magistrates

With the chief judge's authorization, a district court magistrate may arraign and set bond on an OWI charge, but the statute excludes OWI from the magistrate's power to take pleas and sentence.^[18] The Court of Appeals held in People v VanEss (2024) that a magistrate "did not have the authority to take a plea that was binding on the district court judge."^[19]

Felony OWI arraignment

A felony OWI case, such as a third offense or OWI causing death or serious impairment, is also arraigned first in district court.^[20] The court must:^[3][21]

1. tell the accused the nature of the charge, its maximum prison sentence and any mandatory minimum;^[21]
2. if the accused has no lawyer there, advise of the right to remain silent, that anything said can be used in court, the right to a lawyer during any questioning consented to, and that a lawyer will be appointed if the accused cannot afford one;^[21]
3. advise of the right to a lawyer at all court proceedings;^[21]
4. set a probable cause conference 7 to 14 days later and a preliminary examination 5 to 7 days after that; and^[3][22]
5. decide what form of pretrial release, if any, is appropriate.^[3]

The felony rule also requires the court to ask whether the defendant wants a lawyer and whether the defendant can afford one.^[23] "The court may not question the accused about the alleged offense or request that the accused enter a plea."^[3] A verbatim record must be made.^[21] The later steps are explained in the preliminary examination guide.

Prior convictions on the complaint

If the prosecutor intends to seek an enhanced sentence or vehicle forfeiture based on prior convictions, the prosecutor must list the prior convictions on the complaint and information.^[24] The priors themselves are proved at sentencing, by documents such as a judgment of conviction or the driving record.^[25] See how prior OWI convictions are counted.

Bond is set at arraignment

At arraignment, unless an earlier order was issued, the court must order the defendant held in custody as the rule provides, released on personal recognizance or an unsecured bond, or released conditionally with or without money bail.^[4] The default is personal recognizance unless the court finds it would not reasonably ensure appearance or would endanger the public.^[26] Conditions common in OWI cases, such as no alcohol and testing, are explained in bond and release conditions; the general bond rules are also in the sister guide's page on arraignments.

Practical preparation

These are practical steps, not legal requirements. Bring the citation or paperwork from the arrest, any temporary driving permit, a photo ID, and a list of medications, work hours and other commitments that may matter to release conditions. Arrive early, and if you need an interpreter or other accommodation, tell the court clerk in advance. If you plan to ask for an appointed lawyer, bring information about income and expenses, since a financial form may be part of the request.^[27]