Probation after an OWI conviction in Michigan

Probation is a sentence served in the community under the supervision of a probation officer, subject to conditions set by the court. Michigan allows probation for any felony, misdemeanor or ordinance violation except a short list of offenses (murder, treason, first- or third-degree criminal sexual conduct, armed robbery and major controlled substance offenses), so OWI offenses are eligible.^[1] The court must find that the defendant is not likely to offend again and that the public good does not require the full penalty.^[1]

This page covers the statutory limits and conditions. What a particular court orders, and how its probation department runs, varies by court; the written order is what binds the person on probation.

How long OWI probation can last

Since April 1, 2021, probation for an offense that is not a felony "must not exceed 2 years," and probation for a felony "must not exceed 3 years."^[2] Felony probation may be extended up to 2 times, by up to 1 year each, in limited situations: an unmet specific rehabilitation goal or a specific ongoing risk to a victim.^[2]

Conviction	Classification	Maximum probation
A misdemeanor OWI-type offense, such as a first OWI	Misdemeanor	2 years[11][2]
A felony OWI-type offense, such as a third OWI	Felony	3 years, with up to two 1-year extensions in limited cases[12][2]

Conditions required in every probation order

Every probation sentence must include these conditions:^[3]

• Not violating any criminal law or ordinance, in Michigan or elsewhere.^[3]
• Not leaving the state without the court's consent.^[13]
• Reporting to the probation officer "in person, virtually, or in writing, monthly or as often as the probation officer requires."^[4]
• Paying restitution to any victim, the crime victim assessment, and the minimum state cost.^[3]
• If sentenced in circuit court, paying a probation supervision fee.^[3]

Optional conditions the court may add

The probation statute lists conditions the court may impose, including:^{[5][14][15][16]}

• County jail of up to 12 months (but not more than the offense's maximum, if lower), in one block or in intervals, with possible day parole or release to work or school.^[5][14]
• Community service.^[15]
• Inpatient or outpatient drug treatment, or a drug treatment court; mental health treatment; mental health or substance abuse counseling.^[16]
• A community corrections program, house arrest, electronic monitoring, or a residential probation program.^[15]
• Other lawful conditions the circumstances warrant.^[15]

For OWI and for driving with a schedule 1 drug or cocaine, the OWI statute adds one more: the court may order as a probation condition that the person not drive any vehicle without an approved, certified ignition interlock.^[6] See ignition interlocks.

Since April 1, 2021, optional conditions "must be individually tailored to the probationer, must specifically address the assessed risks and needs of the probationer, must be designed to reduce recidivism," and the court must also consider the victim's input and safety needs.^[7] The pre-sentence substance-abuse assessment described in the pre-sentence alcohol assessment is one source of that information.^[17]

Probation in a felony OWI third case

For a felony OWI 3rd, the statute gives the court two choices: prison of 1 to 5 years, or probation with 30 days to 1 year in county jail and 60 to 180 days of community service, with at least 48 hours of the jail served consecutively.^[12][18] For repeat offenses, a jail or prison term may not be suspended unless the defendant agrees to participate in and successfully completes a specialty court program.^[19] See sobriety courts.

Alcohol monitoring and testing

Electronic monitoring is one of the listed optional conditions.^[15] For circuit court probation, the fee statute defines "electronic monitoring device" to include a device that detects the presence of alcohol in a person's body, and it sets a $60 monthly supervision fee (up to 60 months) when probation includes such a device, compared with $30 without one; the court may waive the fee for indigency.^[20] The fee section applies to circuit court orders; this guide did not verify the fee rules for district court probation.^[20] Monitoring equipment is covered in alcohol monitoring devices.

Costs and the ability to pay

The court may not require a probationer to pay costs as a probation condition "unless the probationer is or will be able to pay them during the term of probation," and may jail or revoke for nonpayment only if the person can pay and has not made a good-faith effort.^[21] Fines and costs are explained in fines, costs and fees.

Early discharge

After completing half of the original misdemeanor or felony probation term, a probationer may be eligible for early discharge, and the court must tell the person about this at sentencing.^[10][22] A person may not be found ineligible because of an inability to pay probation costs or outstanding fines, fees or costs, so long as good-faith payment efforts were made, but those debts remain owed.^[23]

Violations

The statute separates technical violations from other violations. A technical violation is a breach of the probation order that is not on an excluded list; missing or failing a drug test is technical.^[9] The excluded list includes a new violation of law, absconding, violating a no-contact order, and, for a person on probation for a felony OWI, the consumption of alcohol.^[9][24]

Technical violation	Misdemeanor probation jail cap	Felony probation jail cap
First	5 days[8]	15 days[8]
Second	10 days[8]	30 days[8]
Third	15 days[8]	45 days[8]
Fourth or later	Up to the remaining eligible sentence[8]	Up to the remaining eligible sentence[8]

These caps may be extended to up to 45 days if the person is awaiting placement in a treatment facility and has no safe alternative place to wait, and several technical violations arising from the same transaction count as one.^[25] The court may not revoke probation for technical violations unless the person has already been sanctioned for 3 or more and commits another.^[8] For technical violations, the court is presumed to issue a summons or order to show cause instead of an arrest warrant, unless it states a specific reason on the record.^[26] At a violation hearing, the state must prove the violation by a preponderance of the evidence, and a person held in custody must get a hearing within 14 days of arrest or be released pending the hearing.^[27] If probation is revoked, the court may sentence the person as if probation had never been ordered.^[28] The full process is in OWI probation violations.

For how probation fits with the rest of the sentence, see how OWI sentencing works and alternatives to jail.