Deadlines in a Michigan OWI case

One of the first deadlines in a Michigan OWI case can be the 14-day window to request an implied-consent hearing after refusing a breath, blood or urine test; the officer must give written notice that failing to request a hearing within 14 days will result in a license suspension.^[1] After that, the court case runs on its own clock: a 14-day arraignment target, a 35-day pretrial target and a 77-day target for finishing a misdemeanor case.^[3][4][5]

The tables below collect the time limits from the statutes and court rules. Two kinds of deadline appear. Some are targets, such as the 77-day disposition target, that the law says may not lead to dismissal if missed.^[5] Others are hard limits: the 21-day deadline for an appeal of right to circuit court is jurisdictional.^[6] Each row says which, where the source does. For a simple timeline from arrest to restoration and set-aside, see the OWI deadlines calendar.

License deadlines after the arrest

Deadline	Time limit	Notes
Request an implied-consent (refusal) hearing	Within 14 days of the date of the officer's written notice[1]	Mailed request must be postmarked within 14 days; faxed or hand-delivered must arrive in Lansing in time. Failure to request means suspension.[2][9]
Implied-consent hearing scheduled	Within 45 days after arrest; finally decided within 77 days[10]	Each party gets at most one adjournment of up to 14 days; the hearing officer imposes no sanction for missed time limits.[10]
Circuit court review of a license decision	Petition within 63 days; up to 182 days for good cause[8]	Refusal cases go to the circuit court of the county of arrest; others to the county of residence.[8]
Appeal to a hearing officer from a final SOS decision	In writing, within 14 days[11]	Under MCL 257.322.[11]
Reconsideration of a hearing decision	Within 21 days after the decision[12]	Transcript requests within 63 days, or 182 if the court extends the petition period.[12]
Mailed SOS notices	Notice by mail is complete 5 days after mailing[13]	Keep your address current with the Secretary of State.

If a blood or urine result is pending, the officer issues a temporary permit, and if the result shows no unlawful alcohol or drug, the license is returned by first-class mail.^[14] The implied-consent hearing guide and the first 14 days checklist explain these steps.

Misdemeanor court deadlines (first and second offense)

Deadline	Time limit	If missed
Arraignment	Not more than 14 days after arrest, or after a warrant is served if later[3]	No dismissal or other sanction[3]
Pretrial conference	Not more than 35 days after arrest (42 in a one-judge, multi-location district)[4]	No dismissal or other sanction[4]
Adjourning the pretrial	No more than 1 adjournment per party, up to 14 days[4]	Set by statute[4]
Final disposition	Within 77 days after arrest, excluding certain delays but not docket congestion[5]	No dismissal or other sanction[5]
Release from jail while awaiting trial	After 28 days in custody, release on personal recognizance unless clear and convincing evidence of flight risk or danger[15]	Excludable delays do not count[15]

These targets do not apply to a felony OWI or a misdemeanor joined with a felony charge.^[3] The separate constitutional right to a speedy trial can require dismissal with prejudice if violated.^[16] See the pretrial conference guide.

Felony OWI deadlines

Deadline	Time limit
Probable cause conference	7 to 14 days after the felony arraignment[17][18]
Preliminary examination	5 to 7 days after the probable cause conference[17][18]
Circuit court arraignment after bindover	Within 14 days, unless the district judge conducts it[19]
Habitual-offender notice	Within 21 days after arraignment on the information[20]
Release from jail awaiting trial	After 180 days in custody, release on personal recognizance unless clear and convincing evidence of flight risk or danger[15]

A violation of the preliminary-exam timing rule is harmless unless the defendant shows actual prejudice.^[21] The preliminary examination guide explains each step.

Evidence and discovery deadlines

Deadline	Time limit
Responding to a discovery request	Within 21 days, unless the court orders otherwise[22]
Amending a witness list without leave	No later than 28 days before trial; in a misdemeanor case this mandatory-disclosure rule applies only if the defendant requests discovery under it[23][24]
Chemical test results on written request	At least 2 days before trial; failure to fully comply bars the prosecution from using them[25]
Serving a forensic lab report	Within 14 days after the prosecution's expert receives it[26]
Objecting to a lab report coming in without the analyst	Within 14 days of receiving the notice; the court must extend for good cause[26]
Body-camera footage retention	At least 30 days; until the end of any pending investigation or prosecution[27]

The discovery guide explains what each request covers.

Plea, sentencing and vehicle deadlines

Deadline	Time limit
Presentence report to the parties (if one is prepared)	At least 2 business days before sentencing[28]
Delayed sentence	Not more than 1 year[29]
Court sends the conviction abstract to the Secretary of State	Not more than 5 days after conviction[30]
Vehicle forfeiture petition	Within 14 days after conviction; claims within 14 days of notice; hearing within 21 days after the claim period, at or before sentencing[31]
Failure to appear or comply	License suspended if no appearance within 7 days of the court's notice, or no compliance within 14 days[32]
Bail after a release violation	If the defendant does not surrender within 28 days after revocation, the court may enter judgment for the bail[33]

Appeal and post-trial deadlines

Deadline	Time limit	Notes
Request appointed appellate counsel (misdemeanor, jail imposed)	Within 14 days after sentencing[34]	If counsel is appointed, the 21 days to appeal start on the day of appointment[35]
Motion for new trial (district court)	Within 21 days after judgment[36]	A delayed motion may be filed within the leave period if no appeal was taken[36]
Appeal of right to circuit court	Within 21 days after the judgment or an order on a timely post-judgment motion[6]	Jurisdictional[6]
Late application for leave to circuit court	Not more than 6 months after the judgment[37]	Must explain the delay[37]
Motion to withdraw a misdemeanor plea	May be made before or after sentence[38]	Required before a plea can be challenged on appeal[39]
Felony appeal of right to the Court of Appeals	Within 42 days after judgment[7]	Or after orders on counsel or timely post-judgment motions[7]
Felony application for leave (required after a plea)	The later of 6 months after judgment or 42 days after certain counsel or transcript events[7]	Under MCR 7.205[7]
Curing a defect in a circuit court appeal	Within 14 days after the court's notice of dismissal[40]	Under MCR 7.113[40]

See appealing an OWI conviction and appealing a license sanction to circuit court.

Longer-term waiting periods

• After an OWI revocation, the Secretary of State may not issue a license for at least 1 year, or 5 years if the revocation came within 7 years of a prior revocation or denial.^[41]
• After a final order on a license appeal hearing, another hearing on the same matter is not held for at least 1 year unless the administrator or hearing officer provides otherwise.^[42]
• An application to set aside one first-violation OWI may be filed 5 or more years after the latest of sentencing, completion of probation, discharge from parole, or completion of imprisonment.^[43]

These are covered in license restoration hearings and setting aside an OWI.

Practical tips for tracking deadlines

• Write the date printed on every notice you receive, and count days from that date, not from the day you opened the mail.
• Keep copies of anything you file and proof of when you sent it, such as a postmarked receipt.
• Put each court date and each filing deadline on a calendar with a reminder a few days ahead.