When a Family Member Is Arrested for OWI in Michigan: Release, Bond and the Car

When a relative is arrested for drunk driving in Michigan, the police are not required to release the arrested person on an appearance ticket: an OWI arrest is excluded from the rule that requires release on a ticket for many misdemeanors, although the officer still has discretion to issue one.^[1][11] If the officer believes the person is under the influence, the person is held until in a proper condition to be released or until the next session of court, and then bond is decided.^[2] Family members can help with bond, transportation, paperwork and finding a lawyer, but some well-meant help, such as lending a car or "holding" the defendant's car in a relative's name, can itself break the law.

This page is written for spouses, parents, adult children and other relatives. It does not assume the arrested person is guilty, and nothing here predicts how a particular case will turn out. The general sequence after an arrest is covered in What happens after an OWI arrest.

When will they be released?

An officer who arrests a person without a warrant for a misdemeanor punishable by up to one year must take the person before the most convenient magistrate without unnecessary delay.^[12] If no magistrate is available, a person arrested for a misdemeanor punishable by up to one year may post an interim bond with the arresting officer, a supervisor or the sheriff, in an amount the officer sets between 20 percent of the minimum possible fine and the maximum possible fine.^[13] That option is still subject to the rule that an arrestee believed to be intoxicated is held first.^[2] Separately, the OWI statute sets an outer limit: a misdemeanor OWI defendant is to be arraigned within 14 days of arrest (or of service of a warrant), although missing that deadline is not a ground for dismissal.^[14]

A felony OWI (for example a third offense, or a crash causing death or serious injury) starts in district court and later moves to circuit court, which is described in the court process step by step.^[15]

How bond works

The court's default is release on personal recognizance or an unsecured appearance bond, with the conditions that the defendant appear, not leave the state without permission, and not commit a crime, unless the court finds that would not ensure appearance or would endanger the public.^[3] In deciding, the court must consider factors that include the defendant's record, history of appearing in court, and "history of substance abuse or addiction".^[16]

Conditions the court may add include:^[4]

• not using alcohol or illicitly using a controlled substance;^[4]
• taking part in a substance abuse testing or monitoring program, or a specified treatment program;^[4]
• surrendering a driver's license or passport, and keeping a curfew.^[4]

The bond statute preserves a court's authority to order a defendant to wear an electronic monitoring device, and in its domestic-violence provisions it defines that term to include a device that monitors blood alcohol content.^[17] In a misdemeanor case the court may require the defendant to surrender a valid license in place of other security or as a condition of personal-recognizance release.^[18] Either side can ask a higher court to review a release decision by motion, with no filing fee.^[19] The details of each condition are in Bond conditions in OWI cases.

If you post money

When money bail is set, the court may allow a surety bond for one quarter of the full amount, a cash deposit of 10 percent, or the full amount in cash.^[20] If the money was deposited on a bond executed by the defendant, it is applied first to any fine, costs or assessments imposed, and only the balance is returned.^[21] If release conditions are violated, the court may issue a warrant, revoke release and declare the bail forfeited, and if the defendant does not surrender within 28 days it may enter judgment for the bail amount.^[22] Before handing over money, it is sensible to ask the clerk in whose name the bond will be written and how a refund is paid.

What happens to the car

Vehicle sanctions depend on the charge and on prior convictions, and several of them reach people other than the driver.

Sanction	When it applies	Who it can affect
Immobilization (discretionary)	A first OWI with no prior convictions: up to 180 days if the court chooses.[23]	A vehicle the defendant owns, co-owns or leases, or whose owner knowingly let an intoxicated or unlicensed person drive it.[5]
Immobilization (mandatory)	Up to 180 days for OWI causing death or serious injury with no priors; 90 to 180 days within 7 years of a prior; 1 to 3 years after 2 or more priors.[24]	Same vehicles; it does not apply to a vehicle registered in another state or a rental.[5]
Plate taken at the roadside	When the arrest is for an offense requiring immobilization, the officer destroys the plate and issues a temporary plate valid until the charges are dismissed, a plea is entered or a verdict is reached.[25]	The vehicle cannot be newly registered until the case is decided or it goes to a buyer who pays use tax.[26]
Forfeiture	Repeat offenses, OWI causing death or serious injury, and OWI with a child under 16.[27]	A vehicle the defendant owns in whole or part; innocent lienholders and co-owners are protected.[27][28]
Registration denial	After a third OWI, while the owner's license is suspended, revoked or denied.[29]	An owner, co-owner, lessee or co-lessee in that position.[29]

If a vehicle is seized before the case ends, the owner-defendant may move for its return; the court must hear the motion within 7 days and may return it if the family needs it, but only on a bond equal to the vehicle's retail value and a lien.^[30] The full rules are in Vehicle immobilization, Vehicle forfeiture and Plate and registration sanctions.

What family members must not do

Several common reactions are offenses in their own right:

• Moving the car into a relative's name. An immobilized vehicle may be sold, but not to a close family member who is exempt from use tax unless a court orders it.^[6] Buying or leasing another vehicle to get around immobilization, transferring a vehicle to avoid forfeiture, or transferring an immobilized vehicle to a use-tax-exempt relative without a court order, is a misdemeanor punishable by up to 1 year and/or $1,000.^[31][32]
• Lending a car to a driver who has been drinking. An owner may not knowingly allow someone who is under the influence, or at 0.08 or more, to drive the vehicle, and that owner's vehicle may be immobilized even without a conviction.^[7] The separate offense is explained in Allowing an intoxicated person to drive.
• Lending a car to a suspended driver. Knowingly letting someone with a suspended, revoked or denied license drive is a misdemeanor for a first violation, and the plates can be canceled.^[8]
• Helping with an interlock. Blowing into or starting an interlock-equipped vehicle for an interlock-restricted driver, or tampering with the device, is a misdemeanor punishable by up to 6 months and/or $5,000.^[9] See Ignition interlock.
• Buying a car for the defendant during immobilization. A defendant whose vehicle is immobilized may not purchase, lease or otherwise obtain a vehicle during that period, and any person who buys or leases another vehicle with intent to get around immobilization commits a misdemeanor.^[33][31]

Owners also carry civil risk: an owner is liable for injuries caused by negligent driving of the owner's car with the owner's consent, and consent is presumed when the driver is a spouse, parent, child or other immediate family member.^[34]

The driver's license and the 14-day deadline

After a refusal, or a test showing an unlawful alcohol level or a drug, the officer takes the plastic license and, if the person is otherwise eligible, issues a paper temporary permit on a Secretary of State form.^[35] If the person refused the chemical test, the officer must give written notice that a hearing may be requested within 14 days of the notice date.^[36] The Secretary of State's form must be postmarked or submitted within 14 days of receiving the refusal report, or the license will be suspended.^[37] A relative can help by finding the paperwork, noting the date on it, and making sure mail from the Secretary of State is opened. The steps are in The first 14 days after an OWI arrest.

Finding a lawyer and getting information

A person charged with a crime who faces possible jail and cannot afford a lawyer is entitled to an appointed lawyer, usually requested at arraignment on a financial form.^[38] Being able to post bond does not by itself make the defendant ineligible.^[10] Michigan Indigent Defense Commission standards ask appointed lawyers to visit jailed clients within three business days of appointment.^[38] More on eligibility is in Court-appointed lawyers in OWI cases.

Courts and jails differ in what they will tell a caller. Practical steps that tend to help: have the arrested person's full name and date of birth ready, ask the court clerk for the case number and next court date, and keep every paper the person brings home. Court addresses and phone numbers are listed in West Michigan courts that hear OWI cases.

If drinking or drug use is the underlying problem

Before sentencing in any OWI case the court must order a screening and assessment to decide whether the person would benefit from rehabilitative services.^[39] Families looking for help now can call the SAMHSA National Helpline at 1-800-662-4357, a free, confidential, 24-hour referral line for individuals and family members.^[40] Treatment options and helplines are collected in Getting help for alcohol or drug use.