Questions to ask a lawyer about a Michigan OWI charge

The most useful questions to ask a lawyer about a Michigan OWI charge follow the case's two tracks: the criminal case in court, and the driver's license sanctions that the Secretary of State imposes on its own when it receives a conviction record.^[1] Each question below is tied to the rule that makes it matter, with a link to the guide that explains that rule in depth. The list is neutral: it says nothing about any particular lawyer, and it does not suggest what answer is right for any case.

Bringing the arrest paperwork to the meeting makes many of these questions easier to answer; the documents to keep page lists them. A dated list of every court and Secretary of State date received so far also helps.

Questions about the charge itself

• Which subsection of MCL 257.625 am I charged under? "Operating while intoxicated" can mean being under the influence, having 0.08 or more, or having 0.17 or more, and each carries different consequences.^[2] See how MCL 257.625 is organized.
• Is this a first, second or third offense, and how were the priors counted? A violation within 7 years of a prior conviction carries a $200 to $1,000 fine plus 5 days to 1 year in jail or 30 to 90 days of community service, and a violation after 2 or more priors, at any time, is a felony.^[9][10] See how prior convictions are counted.
• Has the prosecutor listed prior convictions on the complaint? Listing them is required to seek an enhanced sentence or vehicle forfeiture based on priors.^[11]
• Is the case in district court or circuit court? Misdemeanors punishable by up to 1 year are district court cases; felonies begin in district court and move to circuit court after bindover.^[12][13]
• Are any other charges filed, and how do they interact? A defendant cannot be convicted of both OWI and OWI causing serious impairment for the same incident.^[14] See charges often filed with OWI.

Questions about the stop, the arrest and the tests

• What was the legal basis for the stop? A traffic stop requires an articulable and reasonable suspicion of a violation, which is less than probable cause but more than a hunch.^[15]
• Was I given the chemical-test rights advisement? The law lists five advisements, including the right to an independent test and the consequences of refusing.^[16] See implied consent.
• Can the roadside PBT result be used in my case? PBT results are admissible only for narrow purposes, such as deciding a challenge to the validity of the arrest.^[17]
• Have the test results, reports and video been requested? Chemical-test results must be provided on written request at least 2 days before trial, or the prosecution cannot use them.^[18] Body-camera recordings must be kept at least 30 days, longer if a prosecution is ongoing.^[19] See discovery.
• Are there grounds for a motion to suppress? In one 2024 case, People v Lucynski, the Michigan Supreme Court held that the exclusionary rule applied to evidence from an unconstitutional seizure in a driveway.^[20] The rules are explained in motions to suppress.

Questions about the driver's license

• Did I refuse a test, and has the 14-day hearing deadline been met? A refusal brings a 1-year suspension (2 years for a second within 7 years) if no hearing is requested within 14 days.^[21]
• What license sanction follows each possible outcome? A first OWI brings a 180-day suspension with no restricted license in the first 30 days; high BAC brings 1 year with no restricted license in the first 45 days.^[3][22]
• Will this lead to revocation? Two convictions within 7 years, or three within 10, require revocation, and the driver must later win a hearing to get a license back.^[23][24][25]
• Do I hold a CDL? An OWI or refusal in any vehicle suspends commercial privileges for 1 year, and two from separate incidents bring lifetime revocation.^[26][27]

The license picture is summarized in what an OWI does to your driver's license.

Questions about pleas and trial

• What does the law allow as a plea in this case? A court may not accept a plea to the under-21 zero-tolerance offense in exchange for dismissal of an OWI charge.^[28] See plea agreements.
• What will the judge tell me before a plea? The maximum jail term and fine, and that license sanctions will be based on the Secretary of State's master driving record.^[5]
• Can a plea be taken back later? A misdemeanor plea cannot be challenged on appeal unless a motion to withdraw it was first filed in the trial court.^[29]
• What would a trial look like? District court juries have 6 members, and the verdict must be unanimous.^[30] See jury trials in OWI cases.

Questions about sentencing

• What is mandatory and what is up to the judge? For example, a second offense within 7 years requires a $200 to $1,000 fine plus jail or community service.^[9] See the penalties chart.
• When and where is the alcohol assessment? Screening and assessment is required before every OWI sentence, and the defendant pays if no other funding exists.^[31]
• Is sobriety court an option? For repeat offenses, jail can be suspended only by agreeing to and completing a specialty court program.^[32] See sobriety courts.
• Could my vehicle be immobilized or forfeited? Immobilization is discretionary on a first OWI and mandatory for an OWI within 7 years of a prior conviction or after 2 or more prior convictions.^[33][34]
• What fines and costs apply? Courts must order minimum state costs and a crime victim's rights assessment, and may order other costs.^[35][36][37]

Questions about the long term

• Could this conviction be set aside later? One first-offense OWI per lifetime may be set aside on application after 5 years; OWI causing injury or death cannot.^[38][39][40]
• How will it affect insurance? For 3 years after an OWI conviction a driver is not an "eligible person" for auto insurance, so insurers may refuse coverage.^[41]
• Do I hold a concealed pistol license or a professional license? A misdemeanor OWI blocks a CPL for 3 years, and health professionals must report any criminal conviction to LARA within 30 days.^[42][43]
• Am I a U.S. citizen? Defense counsel must advise a noncitizen client whether a plea carries a risk of deportation.^[8] See OWI and immigration status.

Questions about representation and cost

• Does representation cover the Secretary of State hearings too? There is no right to an appointed lawyer at those hearings, and Secretary of State staff cannot give legal advice.^[7]
• Would an appeal be handled, and what are the deadlines? A misdemeanor appeal to circuit court must be filed within 21 days, and a felony appeal of right within 42 days.^[44][45]
• Do I qualify for an appointed lawyer? Michigan presumes indigency for people earning under 140% of the federal poverty guideline, among other listed groups.^[46] See getting a court-appointed lawyer.

The sister guide's court-appointed vs. hired lawyer page explains how appointed counsel works in Michigan criminal cases generally. For what to do in the first days after arrest, see the first 14 days after an OWI arrest.