How OWI sentencing works in Michigan

OWI sentencing in Michigan follows a set sequence: after a plea or verdict, the court must order a substance-abuse screening and assessment, may (in a misdemeanor) or must (in a felony) obtain a presentence report, and then holds a hearing where both sides and any victim may speak before the judge imposes sentence.^[1][2][3] The judge's options are set by the OWI statute and general sentencing law; some terms are mandatory, and many are a range the judge chooses within.^[9][5][10]

This page walks through the process. The full penalty numbers are in the OWI penalties chart, and practical preparation is covered in preparing for sentencing.

Which court sentences

Misdemeanor OWI cases (punishable by up to 1 year) are handled in district court.^[11] Felony cases, such as a third offense or OWI causing death or serious injury, begin in district court but must be sentenced by a circuit judge.^[12] A felony case that ends in a misdemeanor plea or verdict is sentenced in circuit court.^[13] A magistrate may arraign and set bond on an OWI if authorized, but may not sentence one.^[14]

Step by step: from conviction to sentence

1. Screening and assessment. Before imposing sentence for any OWI-type offense under section 625, the court must order screening and assessment by a person or agency designated by the state's substance abuse office, to decide whether the person is likely to benefit from rehabilitative services.^[1] The defendant pays if no other funding source is available.^[1] See the pre-sentence alcohol assessment.
2. Presentence report. A probation officer's written presentence investigation report is required before sentencing for a felony, and in a misdemeanor only if the court directs it.^[2] It covers matters such as prior convictions, the offense, work history, and medical and substance abuse history.^[15] On request, defense counsel must be given notice and a chance to attend the presentence interview.^[16]
3. Copies of the report. If a report is prepared, it must go to the prosecutor and defense at least 2 business days before sentencing; if it does not, either side may get an adjournment on oral motion.^[17]
4. Prior convictions. For an enhanced sentence, the prosecutor must have listed the prior convictions on the complaint, and priors are proved at sentencing by records such as a judgment, an abstract, a driving record, the presentence report or the defendant's admission.^[18][19]
5. The hearing. In a misdemeanor, the court must let defense counsel speak, let the defendant speak in mitigation, give the prosecutor an equal chance, let any victim present (or designee) make an impact statement, and state credit for time served.^[3] Felony sentencing has the same steps, plus a record that the parties read the presentence report and could challenge it, and reasons for any departure from the guidelines.^[4]

What the judge must order and what the judge may order

Situation	Mandatory	Within the judge's discretion
First OWI (0.08 or under the influence)	No minimum jail term is listed; the statute lists the penalties as "1 or more of the following."[9]	Community service up to 360 hours, jail up to 93 days, fine $100 to $500.[9]
First high BAC (0.17+)	Rehabilitative programs of at least 1 year.[1]	Jail up to 180 days, fine $200 to $700.[20]
Second within 7 years	Fine of $200 to $1,000 plus jail of 5 days to 1 year or community service of 30 to 90 days; treatment of at least 1 year.[5][1]	Which of jail or community service, and the amount within the range.[5]
Third (felony)	Fine of $500 to $5,000; prison of 1 to 5 years, or probation with 30 days to 1 year in jail and 60 to 180 days of community service, with at least 48 hours of that jail served consecutively; treatment of at least 1 year.[21][22][1]	Which of the two options, and the term within it.[22]

For repeat offenses, a jail or prison term imposed under the second- or third-offense provisions "must not be suspended unless the defendant agrees to participate in a specialty court program and successfully completes the program."^[6] That exception has applied since March 24, 2021.^[23] For the details of what is mandatory, see when jail is mandatory.

The non-jail presumption for ordinary misdemeanors

Since March 24, 2021, Michigan law presumes that a person convicted of a misdemeanor other than a "serious misdemeanor" will receive a fine, community service, or another non-jail, non-probation sentence; the court may depart if it states reasonable grounds on the record.^[24] A misdemeanor OWI counts as a serious misdemeanor only if it involved an accident causing damage to another person's property or injury or death to another person.^[25] The Court of Appeals in Mason (2024) said a district court had to explain why a 93-day jail term was more suitable than a non-jail sentence for an ordinary misdemeanor.^[26] No verified source addresses how this presumption interacts with the second-offense mandatory jail-or-community-service term, so this guide does not say.

Sentencing tools the judge can use

• Probation. OWI offenses are probation-eligible; probation may not exceed 2 years for a misdemeanor or 3 years for a felony (with up to two 1-year extensions in limited cases).^[27][28] See probation after an OWI.
• Probation conditions. These may include up to 12 months of jail, work or school release, community service, treatment, house arrest, electronic monitoring and other lawful conditions, individually tailored to the person's assessed risks and needs.^{[10][29][30][31][32]}
• Ignition interlock. For OWI or 625(8) convictions, the court may order as a probation condition that the person drive only vehicles with an approved interlock.^[33]
• Community service. It is unpaid, and the person must reimburse the cost of supervision.^[34]
• Delayed sentence. Up to 1 year where probation is allowed.^[35]
• Vehicle sanctions. Immobilization is discretionary for a first offense and mandatory for a second or third offense unless the vehicle is ordered forfeited; forfeiture is available for repeat and serious offenses.^[36][37][38]

Alternatives to a jail term are collected in alternatives to jail.

Felony sentencing and the guidelines

In felony cases, the court must use the sentencing guidelines, and proposed scoring accompanies the presentence report.^[8] The guidelines are advisory after People v Lockridge (2015), but the court must determine the range and take it into account, and any departure must be reasonable with reasons stated on the record.^[7] OWI 3rd is a class E public-safety offense.^[39] See felony OWI and the sentencing guidelines.

Money ordered at sentencing

When the court orders any fine, cost or assessment, it must also order minimum state costs of at least $50 for a misdemeanor or $68 for a felony.^[40] It must order a crime victim's rights assessment of $75 for a misdemeanor or $130 for a felony, one per case.^[41] It may order the costs of prosecution and reimbursement of incident expenses such as police time, testing, and fire or EMS response.^[42][43] Full restitution to victims is mandatory in misdemeanor and felony cases.^[44][45] A person may not be jailed for unpaid costs unless the court finds the person can pay and has not made a good-faith effort.^[46] See fines, costs and fees.

Things that are not available in OWI sentencing

• Youthful trainee status (HYTA). Excluded for Vehicle Code traffic offenses that are misdemeanors or felonies, which covers OWI.^[47]
• Taking the plea under advisement. A court may not take a reportable driving offense under advisement or mask it.^[48]
• Dismissal through sobriety court. A treatment court may not dismiss a traffic offense; guilt is entered at admission.^[49] What sobriety court can change is explained in sobriety courts.