Fleeing and Eluding in Michigan

A plain-language look at Michigan fleeing and eluding charges under the Vehicle Code and the Penal Code: what the officer must show, the four degrees (all felonies), license consequences, the felony court path, and what to gather and avoid.

Is fleeing and eluding a felony in Michigan?

Yes. Every degree of fleeing and eluding is a felony, from up to 2 years for fourth degree to up to 15 years if someone died. The charge applies when a driver willfully fails to stop after a uniformed officer in an identified police or DNR vehicle signals them to stop, and it also affects your license.

What the Charge Covers

Michigan has two nearly identical fleeing and eluding laws: MCL 257.602a in the Vehicle Code and MCL 750.479a in the Penal Code. Both apply when a driver is given a signal to stop by a police or conservation officer, by hand, voice, emergency lights, or siren, and willfully fails to stop by:

Speeding up
Turning off the vehicle's lights
Otherwise trying to flee or elude the officer

The law applies only if the officer was in uniform and the officer's vehicle was identified as an official police or DNR vehicle, and the officer was acting in the lawful performance of duty.

You cannot be convicted under both laws for the same incident.

This guide is written for people with cases in Downriver (Wayne County), Monroe County, and elsewhere in Michigan.

What are the degrees of fleeing and eluding in Michigan?

Fourth degree carries up to 2 years, third degree up to 5, second degree up to 10, and first degree up to 15 years, depending on factors like a collision, injury, death, or prior convictions.

Every degree of fleeing and eluding is a felony. Prison maximums are the same under both laws, but the fines are higher under the Penal Code.

Fourth degree: up to 2 years. Fine up to $500 (Vehicle Code) or $2,000 (Penal Code).
Third degree: up to 5 years if there was a collision, part of the flight was where the speed limit is 35 miles per hour or less, or you have a prior fourth-degree conviction. Fine up to $1,000 or $5,000.
Second degree: up to 10 years if someone suffered a serious injury (Vehicle Code) or a serious impairment of a body function (Penal Code), or with certain prior fleeing convictions. Fine up to $5,000 or $10,000.
First degree: up to 15 years if someone died. Fine up to $10,000 or $15,000.

Will I lose my license for fleeing and eluding?

A third- or fourth-degree conviction brings a 1-year suspension, a first- or second-degree conviction brings revocation, and any conviction adds 6 points.

A fleeing and eluding conviction also affects your driver's license.

Under either law, a third- or fourth-degree conviction leads to a 1-year suspension, and a first- or second-degree conviction leads to revocation.
A conviction adds 6 points to your driving record.

After a revocation, you cannot get a license for at least 1 year, or 5 years if there was another revocation within 7 years, and you must go through the Secretary of State's hearing process.

Is HYTA available for fleeing and eluding?

HYTA is not available under the Vehicle Code version, but it is not excluded under the Penal Code version, and delayed sentencing is available under either.

HYTA is not available under MCL 257.602a, a Vehicle Code traffic offense. For a Penal Code charge under MCL 750.479a, the law does not exclude HYTA, but the prosecutor must agree if you were 21 or older. Delayed sentencing under MCL 771.1 is available under either law.

The Felony Court Path

A felony case starts in district court, such as the 1st District Court in Monroe County or one of the district courts in Downriver (Wayne County), and then moves to circuit court:

Arraignment on the complaint: the court tells you the charge, explains your rights, sets bond, and sets the next two dates.
Probable cause conference: 7 to 14 days after the arraignment. The prosecutor and your lawyer can discuss a possible plea, bond, and other issues.
Preliminary examination: 5 to 7 days after the conference. The prosecutor must show probable cause that a felony was committed and that you committed it. Witnesses testify under oath and your lawyer can question them.
Bindover: if the judge finds probable cause, the case is "bound over" to circuit court. If not, the judge must dismiss the charge or reduce it to a non-felony.
Circuit court arraignment: within 14 days after bindover, unless the district court handles it as the court rules allow.

Some steps can be waived or rescheduled. Ask your lawyer before agreeing to waive anything.

What to Gather, What to Avoid, and the Bottom Line

Keep everything in one folder: your charging papers, your bond paperwork, your court notices, your driving record, and any repair records or photos of the vehicle. Write your own notes about the route, the time, the lighting, and when you first saw lights or heard a siren, and share them only with your lawyer.

What not to do:

Do not talk about your case on social media.
Do not discuss the details with anyone except your lawyer. Conversations with friends, family, or the police are not confidential.
Do not drive if your license has been suspended or restricted as a bond condition or after a conviction.
Do not post or share dash camera or phone video. Give it to your lawyer.
Do not miss court. A missed date can lead to a bench warrant.

Fleeing and eluding is a felony at every level, and it carries license consequences too. The details of the signal, the officer's vehicle, and the route matter. Get answers about your own situation early from a local attorney.

How I Can Help

If you are facing a fleeing and eluding charge in Downriver (Wayne County), Monroe County, or nearby, I can review your paperwork, explain the process and your options, and represent you in court.

Call (734) 775-9327 or use my contact form for a free consultation.

This guide is general information about Michigan law, not legal advice. Laws change, and every case is different. Reading this page does not create an attorney-client relationship.