Key points
- After a refusal, a hearing must be requested within 14 days of the officer's written notice, or the license is suspended for 1 year (2 years for a second refusal within 7 years).[1][2]
- Misdemeanor OWI targets are arraignment in 14 days, pretrial in 35 days and disposition in 77 days from arrest, but missing them is not a ground for dismissal.[3][4][5]
- A misdemeanor appeal to circuit court is due 21 days after judgment; a felony appeal of right to the Court of Appeals is due in 42 days.[6][7]
- After a revocation, the minimum wait is 1 year, or 5 years for a second revocation within 7 years, before a restoration hearing can lead to a license.[8]
- A first-offense OWI may be set aside on application only 5 or more years after sentence, probation or any imprisonment ends, whichever is last.[9]
A Michigan OWI case carries time limits in four places: the criminal court, the Secretary of State, the post-conviction years, and the civil and victim-compensation claims of anyone hurt in a crash. One of the most urgent is the 14-day window to request a hearing after a chemical-test refusal, which runs from the date of the officer's written notice.[1] The tables below collect the deadlines and fixed periods from this guide's verified sources, grouped by stage, each with its source.
Two counting points apply throughout. Secretary of State notices sent by mail are complete 5 days after mailing.[10] And the misdemeanor case-processing targets in MCL 257.625b are not grounds for dismissal when missed.[11] Court-only deadlines are also collected on deadlines in an OWI case.
From the arrest to the first court dates
| Time limit | What it applies to |
|---|---|
| 14 days from the officer's written notice | Request a refusal (implied consent) hearing; a mailed request must be postmarked within the period[1][12] |
| 45 days after arrest / 77 days after arrest | A requested refusal hearing is to be scheduled within 45 days and finally decided within 77 days; missing these limits brings no sanction[13] |
| At least 5 days before the hearing | Mailed notice of the refusal hearing; each party may get 1 adjournment of up to 14 days[13] |
| At least 30 days | Minimum retention of evidentiary police body-camera recordings, longer while a prosecution is pending[14] |
| 14 days after arrest (misdemeanor) | Arraignment target; not a dismissal ground[3] |
| 7 to 14 days after arraignment, then 5 to 7 days (felony) | Probable cause conference, then preliminary examination[15] |
| 35 days after arrest (42 in some one-judge districts) | Misdemeanor pretrial conference, which the defendant must attend[4] |
| 14 days, once per party | Maximum length of a pretrial adjournment[4] |
| 77 days after arrest | Target for final resolution of a misdemeanor OWI case; not a dismissal ground[5] |
| 7 days after a failure-to-appear notice | Appear, or the license is suspended; 14 days to comply with a judgment, including paying fines and costs[16] |
| 28 days after bail revocation | If the defendant does not surrender, the court may enter judgment for the bail amount[17] |
| 21 days after circuit arraignment | Prosecutor's written notice to seek a habitual-offender enhancement[18] |
| At least 2 days before trial | Chemical-test results must be produced on written request[19] |
Sentencing and the vehicle
| Time limit | What it applies to |
|---|---|
| At least 2 business days before sentencing | Copies of any presentence report to both sides[20] |
| Up to 1 year | Delayed sentence in a probation-eligible case (it does not keep the conviction off the driving record)[21][22] |
| Within 5 days after conviction | Court sends the conviction abstract to the Secretary of State[23] |
| 14 days after conviction; 14 days for claims; hearing within 21 days after that | Vehicle forfeiture petition, claims of interest, and hearing (at or before sentencing)[24] |
| 7 days | Hearing on a motion to return a seized vehicle before the case ends[25] |
| Up to 180 days / 90 to 180 days / 1 to 3 years | Immobilization: discretionary after a first OWI; mandatory with a prior within 7 years; mandatory after 2 or more priors[26][27] |
| Up to 2 years (misdemeanor) / 3 years (felony) | Probation term; early discharge possible after half[28][29] |
Appeals
| Time limit | What it applies to |
|---|---|
| 14 days after sentencing | Indigent defendant's request for appointed appellate counsel when jail was imposed[30] |
| 21 days after judgment | Misdemeanor appeal or application for leave to circuit court; motion for new trial[6][31] |
| Up to 6 months after judgment | Late application for leave in a misdemeanor case[32] |
| 42 days / 6 months | Felony appeal of right / application for leave to the Court of Appeals[7] |
During a circuit-court appeal of an OWI judgment, the court may order the Secretary of State to stay the license sanction.[33] See appealing an OWI conviction.
Driver's license periods
| Sanction | Length |
|---|---|
| First OWI or 625(8) drug offense | 180-day suspension; no restricted license in the first 30 days[34] |
| High BAC (0.17 or more) | 1-year suspension; no restricted license in the first 45 days; interlock-only restricted license[35][36] |
| OWVI, first offense | 90 days, restricted license possible; 180 days if the impairment was caused by drugs[37] |
| Under-21 zero tolerance, first offense | 30 days, restricted license possible[38] |
| Child passenger under 16 | 180 days; restricted only after 90[39] |
| Refusal of the chemical test | 1 year; 2 years for a second refusal within 7 years[2] |
| Revocation after repeat convictions | Minimum 1 year, or 5 years for a second revocation within 7 years[8] |
| Specialty-court restricted license | Available after 45 days of suspension or revocation, with the judge's certification[40] |
| CDL privileges | 1 year for an OWI or refusal in any vehicle; life for a second from a separate incident, with reissue possible after 10 years[41][42] |
| Points | Stay 2 years from the conviction date[43] |
Secretary of State hearings and restoration
| Time limit | What it applies to |
|---|---|
| 14 days after a final decision | Written appeal of a final Secretary of State licensing decision to a hearing officer[44] |
| 63 days (182 for good cause) | Circuit-court petition after a Secretary of State licensing decision[45] |
| No more than 3 months old | Substance abuse evaluation filed with a restoration hearing request[46] |
| 6 consecutive months, or 12 if the evidence calls for it | Abstinence a restoration petitioner must prove[47] |
| 21 days after the decision | Motion for reconsideration or rehearing[48] |
| 63 days (or 182 if the appeal period is extended) | Ordering the hearing transcript before the recording may be erased[48] |
| 1 year from the hearing | Wait for a new hearing after a loss, withdrawal or no-show[49] |
| At least 1 year | Interlock period on a restricted license granted after restoration[50] |
| Every 60 days; 5 business days | Interlock service; provider's report of a violation[51] |
| 3 months | Added to the wait and interlock period for each minor interlock violation[52] |
| 14 days | Request a hearing after a major interlock violation reinstates the revocation[52] |
See license restoration hearings and the implied consent hearing.
The longer term
| Period | What it affects |
|---|---|
| 3 years after an OWI conviction | Not an "eligible person" for auto insurance, so insurers may refuse coverage[53] |
| 3 years / 8 years | No concealed pistol license after a misdemeanor OWI / after a misdemeanor OWI second offense[54][55] |
| 5 years after the last of sentence, probation, parole or imprisonment | Earliest filing for a set-aside of one first-offense OWI[9] |
| 3 years after a denial | Waiting period before a new set-aside petition, unless the court sets an earlier date[56] |
| 7 years / any time | Lookback for a second offense / for a felony third offense[57] |
| At least 7 years | State Police retention of the public penalty record after a controlled-substance impairment finding[58] |
| Permanent | Impaired-driving conviction on the Secretary of State driving record[59] |
The court-costs authority in MCL 769.1k(1)(b) to impose general operating costs runs "Until December 31, 2026," so that rule may change in 2027.[60]
For people injured in a crash
| Time limit | Claim |
|---|---|
| 3 years after the injury or death | General injury or wrongful-death suit against the driver or owner[61] |
| 2 years after letters of authority, but no later than 3 years after the limitations period ran | Action by the personal representative when the person died before the limitations period ran[62] |
| 2 years; notice within 120 days after hiring a lawyer | Dram shop suit against a bar or store[63] |
| 1 year after the accident | Suit for no-fault PIP benefits, unless written notice was given or benefits were paid within that year; then 1 year after the most recent loss, with no recovery for losses more than 1 year before suit[64] |
| 5 years after the crime | Crime victim compensation claim, extendable for good cause[65] |
| 30 days | Appeal of a compensation decision to the Crime Victim Services Commission[66] |
See suing an impaired driver and the dram shop law. For the papers that start many of these clocks, see documents to keep.
Common questions
How long do I have to request a hearing after refusing a breath test in Michigan?
The officer's written notice gives 14 days from its date to request a hearing.[1] A mailed request must be postmarked within those 14 days, and a faxed or hand-delivered one must arrive at the Lansing office within that time.[12] Without a request, the suspension is 1 year, or 2 years for a second refusal within 7 years.[2]
Will my OWI be dismissed if the court misses the 77-day deadline?
No. The statute sets 14-day, 35-day and 77-day targets for misdemeanor OWI cases, but says the court shall not dismiss a case or impose any other sanction for failing to meet the arraignment limit, and missing the 77-day limit is likewise not a ground for dismissal.[3][5]
How long after an OWI can I get it expunged in Michigan?
An application to set aside one first-violation OWI may be filed only 5 or more years after the latest of sentencing, completion of probation, discharge from parole or completion of any imprisonment.[9] There must be no pending charges and no new conviction during that period.[67] After a denial, a new petition must generally wait 3 years.[56]
How long do OWI points and the conviction stay on a Michigan driving record?
Points stay on the driving record for 2 years from the conviction date, according to the Secretary of State.[43] The conviction itself is different: the Secretary of State says a conviction for impaired driving remains on the driving record permanently.[59]
How long can a person hurt by a drunk driver wait to sue?
The general limit for injury or death claims is 3 years.[61] A dram shop suit against a bar or store must be filed within 2 years, with written notice to defendants within 120 days after hiring a lawyer.[63] A crime victim compensation claim may be filed up to 5 years after the crime.[65]
Sources
- MCL 257.625e(1), (2) — Michigan Legislature
- MCL 257.625f(1)(a) — Michigan Legislature
- MCL 257.625b(1) — Michigan Legislature
- MCL 257.625b(2) — Michigan Legislature
- MCL 257.625b(3) — Michigan Legislature
- MCR 7.104(A); MCR 7.105(A) — Michigan Courts
- MCR 7.204(A)(2); MCR 7.205(A)(2) — Michigan Courts
- MCL 257.303(4)(a) — Michigan Legislature
- MCL 780.621d(2) — Michigan Legislature
- MCL 257.212 — Michigan Legislature
- MCL 257.625b(1)–(3) — Michigan Courts
- Mich Admin Code, R 257.302(1), (3)(b) — Michigan Administrative Code
- MCL 257.625f(2), (3) — Michigan Legislature
- MCL 780.316(1)–(3) (Law Enforcement Body-Worn Camera Privacy Act) — Michigan Legislature
- MCR 6.104(E) — Michigan Courts
- MCL 257.321a(2), (3) — Michigan Legislature
- MCR 6.106(I)(2) — Michigan Courts
- MCL 769.13(1)-(2) — Michigan Legislature
- MCL 257.625a(8) — Michigan Legislature
- MCR 6.425(B); MCR 6.610(G)(1)(b) — Michigan Courts
- MCL 771.1(2) — Michigan Legislature
- People v McCann, 314 Mich App 605, 613-614 (2016); MCL 257.8a — Michigan Courts
- MCL 257.732(1)(a) — Michigan Legislature
- MCL 257.625n(4), (6) — Michigan Legislature
- MCL 257.625n(5) — Michigan Legislature
- MCL 257.904d(1)(a) — Michigan Legislature
- MCL 257.904d(1)(b)-(d) — Michigan Legislature
- MCL 771.2(1) — Michigan Legislature
- MCL 771.2(2)-(3) — Michigan Legislature
- MCR 6.625(B); MCR 6.610(G)(4) — Michigan Courts
- MCR 6.610(H) — Michigan Courts
- MCR 7.105(G) — Michigan Courts
- MCL 257.625b(6) — Michigan Legislature
- MCL 257.319(8)(a) — Michigan Legislature
- MCL 257.319(8)(g); MCL 257.625(1)(c) — Michigan Legislature
- MCL 257.319(8)(h); Mich Admin Code, R 257.313a(2) — Michigan Legislature
- MCL 257.319(8)(b) — Michigan Legislature
- MCL 257.319(8)(c); MCL 257.625(6) — Michigan Legislature
- MCL 257.319(8)(e) — Michigan Legislature
- MCL 257.304(2); MCL 600.1084(6) — Michigan Legislature
- MCL 257.319b(1)(c)(i), (iv) — Michigan Legislature
- MCL 257.319b(1)(e), (f)(ii) — Michigan Legislature
- Michigan Department of State, *What Every Driver Must Know* (Oct 2025), ch. 2, p. 13–14; MCL 257.320(1)(d) — Michigan Department of State
- MCL 257.322(2); Mich Admin Code, R 257.302(3)(a) — Michigan Legislature
- MCL 257.323(1) — Michigan Legislature
- Mich Admin Code, R 257.302(1)(d); R 257.301(1)(f) — Michigan Administrative Code
- Mich Admin Code, R 257.313(1)(b), (c) — Michigan Administrative Code
- Mich Admin Code, R 257.315, R 257.314(2), (5) — Michigan Administrative Code
- Mich Admin Code, R 257.303(9), R 257.305(2), R 257.306(2), R 257.309(2) — Michigan Administrative Code
- MCL 257.322(6), (7), (9) — Michigan Legislature
- Mich Admin Code, R 257.313a(5)–(10) — Michigan Administrative Code
- Mich Admin Code, R 257.313a(11), (12) — Michigan Administrative Code
- MCL 500.2103(1)(d)(ii); MCL 500.2118(1), (2)(a) — Michigan Legislature
- MCL 28.425b(7)(i)(i) — Michigan Legislature
- MCL 28.425b(7)(h)(i) — Michigan Legislature
- MCL 780.621d(5) — Michigan Legislature
- MCL 257.625(9)(a)–(c) — Michigan Legislature
- MCL 257.625(21), (22) — Michigan Legislature
- Michigan Secretary of State, *What Every Driver Must Know* (October 2025), ch. 2 "Your Driving Record", p. 13 — Michigan Department of State
- MCL 769.1k(1)(b) — Michigan Legislature
- MCL 600.5805(2) — Michigan Legislature
- MCL 600.5852(1), (4) — Michigan Legislature
- MCL 436.1801(3) — Michigan Legislature
- MCL 500.3145(1), (2), (4) — Michigan Legislature
- MCL 18.355(2), (3) — Michigan Legislature
- MDHHS, What is Crime Victim Compensation — Michigan Department of Health and Human Services
- MCL 780.621d(4) — Michigan Legislature
This page is general legal information about Michigan law, published by the office of Attorney Shawn Haff. It is not legal advice and reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts — check the sources linked above and talk to a licensed Michigan attorney about your situation. In an emergency, call 911. For confidential help with alcohol or drug use, the SAMHSA National Helpline is 1-800-662-4357.