What happens after an OWI arrest in Michigan

After an OWI arrest in Michigan, the steps the statutes describe are the evidential chemical test (or a refusal), booking, being held until the person is sober or until the next session of court, release, and, for a misdemeanor case, an arraignment set for within 14 days.^[1][4][8] Along the way the officer takes the plastic driver's license, issues a paper temporary license, and, after a refusal, gives written notice of a 14-day deadline to request a hearing.^[5][6] This page follows those steps in order, with the rule behind each. For a checklist version, see the first 14 days after an OWI arrest.

Step 1: The chemical test request and the advice of rights

The evidential test is given at the request of a peace officer who has reasonable grounds to believe the person committed one of the crimes listed in the implied consent statute.^[1] A person arrested for one of those crimes must be advised of five things:

1. If the person takes the officer's test, he or she may demand that a person of his or her own choosing give one of the chemical tests.^[2]
2. The results are admissible and will be considered with other evidence in deciding innocence or guilt.^[2]
3. The person is responsible for getting a sample taken at his or her own request analyzed.^[2]
4. If the person refuses, a test must not be given without a court order, but the officer may seek one.^[2]
5. Refusing will result in suspension of the license and 6 points on the driving record.^[2]

Taking the roadside preliminary breath test earlier does not satisfy this request; the person remains subject to the chemical-test and refusal rules.^[9] The rules are explained in Michigan's implied consent law and the right to an independent test.

None of the statutes cited on this page addresses whether a driver may speak with a lawyer before deciding whether to take the evidential test, so this page does not state a rule on it.

Step 2: If the test is refused

After a refusal, the officer must immediately send the Secretary of State a written report stating the officer had reasonable grounds, that the person refused, and that the person had been advised of the consequences.^[10] The officer must also immediately give the person written notice that a hearing may be requested within 14 days of the date of the notice; the notice must say that failing to request one will result in suspension, and that a lawyer is not required but is allowed.^[6] A mailed request must be postmarked within the 14 days; a faxed or hand-delivered one must arrive at the Lansing office within that time.^[11] If no hearing is requested, the suspension is 1 year, or 2 years for a second refusal within 7 years.^[7]

A refusal does not mean there will be no test. The officer may seek a court order, such as a search warrant for blood.^[12] See refusing a breath or blood test and the implied consent hearing.

Step 3: The license is taken and a paper permit issued

If the person refuses, or a test shows an unlawful alcohol content or a controlled or intoxicating substance, the officer confiscates the license on the Secretary of State's behalf and, if the person is otherwise eligible, issues a temporary license on a Secretary of State form.^[5] For this rule, an "unlawful alcohol content" is 0.02 or more for a driver under 21, 0.04 or more in a commercial vehicle, and 0.08 or more for everyone else.^[13]

Situation	How long the paper license lasts
Case is not prosecuted	The earlier of 90 days after issuance or the start of a refusal suspension.[14]
Case is prosecuted	Until the charges are dismissed, the person is acquitted, or the license is suspended, restricted or revoked.[14]
Blood or urine result pending and it comes back clean	The officer must notify the person and mail the license back to the address given at arrest.[15]

Step 4: Booking

For an arrest on a felony or a misdemeanor punishable by more than 92 days, the arresting agency must collect the person's biometric data and forward it to the State Police within 72 hours; it must also collect it for a misdemeanor whose maximum penalty is 93 days, if not already collected.^[16] "Biometric data" means fingerprint images, palm prints where the agency can record them, and booking photographs.^[17] A first-offense OWI is a misdemeanor punishable by up to 93 days in jail, and a first high-BAC offense by up to 180 days.^[18][19]

Step 5: Held until sober, then released or brought to court

Michigan generally requires an officer to release a person arrested for a misdemeanor of up to 1 year on an appearance ticket, but that requirement does not apply to an operating-while-intoxicated offense.^[3] When a person arrested without a warrant is, in the officer's opinion, under the influence of alcohol or a controlled substance, the person must be held in a holding cell, lockup or jail until in a proper condition to be released or until the next session of court.^[4]

For a misdemeanor punishable by up to 1 year, if no magistrate is available, the person may post an interim bond with the arresting officer, a supervisor or the sheriff, in an amount the officer sets within statutory limits.^[20] The hold-until-sober rule applies first.^[4][20] When a judge or magistrate sets release terms, the default is release on personal recognizance or an unsecured bond, unless that would not reasonably ensure appearance or would endanger the public.^[21] Courts may add conditions such as no alcohol, testing or monitoring, treatment, or surrender of a driver's license.^[22] See bond and release conditions.

Step 6: The arraignment

A person arrested for a misdemeanor OWI-type offense must be arraigned not more than 14 days after the arrest, or after an arrest warrant is served if that is later; the court may not dismiss the case or impose any other sanction if this time limit is missed.^[8] At a district court arraignment the defendant must be told the name of the offense, the maximum sentence, the right to a lawyer at all proceedings, the right to an appointed lawyer when it applies, and the right to a jury trial when required by law.^[23] An arrested person is entitled to a lawyer's help at arraignment unless the person makes an informed waiver, or the court issues a personal bond and will not accept a guilty or no-contest plea then.^[24]

A felony OWI, such as a third offense, starts in district court, which holds the preliminary examination before the case moves to circuit court.^[25][26] At a felony arraignment the court sets a probable cause conference 7 to 14 days later and a preliminary examination 5 to 7 days after that.^[27] The court may not ask the accused about the offense or request a plea at a felony arraignment.^[27] More is in the arraignment and, for procedure shared with other criminal cases, the Domestic Violence guide's page on the right to a lawyer.

Timeline at a glance

When	What happens
At arrest	Advice of chemical-test rights and the officer's test request.[2]
At a refusal or an unlawful result	License confiscated; temporary license issued if otherwise eligible.[5]
Within 72 hours of arrest	Biometric data forwarded to the State Police.[16]
Within 14 days of the refusal notice	Deadline to request an implied consent hearing.[6]
Within 14 days of arrest (misdemeanor)	Target date for arraignment; missing it is not a dismissal ground.[8]

Keep every paper the officer hands over, including the temporary license, any refusal notice and any bond paperwork, and write down the date on each. Note the court name and date shown on the bond or citation. The page on papers and records to keep explains what each document is.