OWI in Michigan: Your First 30 Days

A plain-language look at the first month after a Michigan OWI arrest: release and your paper license, the 14-day refusal hearing deadline, arraignment and bond conditions, OWI vs. OWVI vs. high BAC, license consequences, and what to gather and avoid.

What happens after an OWI arrest in Michigan?

After an OWI arrest, you are usually tested, held until release on a personal or money bond, and given a paper temporary license if the test was over the limit or you refused. If you refused, you have 14 days to request a hearing. Your first court date is the arraignment, and bond conditions apply right away.

After the Arrest: Release and Your Paper License

After an OWI arrest, you are usually taken to the station or jail, asked to take a breath or blood test, and held until you can be released. Release may be on a personal bond (a promise to come back to court) or after posting a money bond. If you are given a bond, the paperwork lists conditions you must follow from that moment on. Read it carefully and keep it.

If a chemical test showed an alcohol level over the legal limit, or the officer says you refused the test, the officer takes your plastic driver's license and gives you a paper temporary license. In most cases that paper permit lets you keep driving until your criminal case is finished, unless your license is suspended for some other reason. Carry it with you and do not lose it.

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

How long do I have to request a refusal hearing after an OWI arrest?

You have 14 days from the date of the officer's written refusal notice to request a hearing with the Michigan Department of State.

If the officer reported that you refused a breath, blood, or urine test, you have only 14 days from the date of the officer's written refusal notice to request a hearing with the Michigan Department of State. The refusal notice is a separate form from the regular test report.

If you do not request a hearing in time, your license is automatically suspended for one year, or two years for a second refusal within seven years. A refusal also adds six points to your driving record. This deadline runs separately from your court case, and the court will not remind you about it.

Check your paperwork right away. If you see a refusal notice, act early rather than counting days.

Arraignment and Bond Conditions

Your first court date is the arraignment. Most first and second OWI charges are misdemeanors handled in the district court where the arrest happened, such as the 1st District Court in Monroe County or one of the district courts in Downriver (Wayne County). Under the Michigan Court Rules, the court must tell you:

The charge and the maximum sentence the law allows
Your right to a lawyer at every court date and to a trial, including a jury trial when the law provides one
Your right to an appointed lawyer if you cannot afford one and jail is possible

A third OWI offense is a felony and follows a different path to circuit court.

The court rules allow bond conditions such as no alcohol, no illegal drug use, substance testing, reporting to a court agency, and not leaving the state without permission. If you violate a condition, the court can issue a warrant and revoke your release. If a condition is hard to follow because of work or medical issues, raise it with the court through your lawyer instead of ignoring it.

What is the difference between OWI, OWVI, and high BAC in Michigan?

OWI means driving under the influence or at 0.08 or more, high BAC means 0.17 or more, and OWVI means alcohol or drugs visibly impaired your driving.

Michigan's drunk driving law is MCL 257.625. At a high level:

OWI (Operating While Intoxicated): driving under the influence of alcohol or drugs, or with a blood alcohol content (BAC) of 0.08 or more. A first offense is a misdemeanor with up to 93 days in jail, a fine of $100 to $500, and up to 360 hours of community service.
High BAC (often called "Super Drunk"): a BAC of 0.17 or more. A first offense carries up to 180 days in jail, a fine of $200 to $700, and a required alcohol treatment program.
OWVI (Operating While Visibly Impaired): driving when alcohol or drugs visibly impaired your ability to drive. A first offense carries up to 93 days in jail, a fine of up to $300, and up to 360 hours of community service.

Penalties increase with prior convictions, and court costs and probation conditions are often added on top of fines.

Will I lose my license after a first OWI conviction?

For a first OWI with no priors in seven years, the Secretary of State imposes a 180-day suspension, with no driving for the first 30 days and a restricted license possible after that.

License and Vehicle Consequences After a Conviction

If you are convicted, the Secretary of State imposes license sanctions based on the offense. For a first offense with no prior convictions in seven years:

OWI: a 180-day suspension, with no driving at all for the first 30 days and a restricted license possible after that. Six points on your record.
High BAC: a one-year suspension, with no driving for the first 45 days. After that, a restricted license requires an ignition interlock device. Six points.
OWVI: 90 days of restricted driving in most alcohol cases, longer if drugs were involved. Four points.

Courts may also order the vehicle immobilized in some cases, and must do so for repeat offenses unless the vehicle is forfeited. Michigan's former Driver Responsibility Fees were repealed, and none have been assessed since October 1, 2018.

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

Keep everything in one folder: your paper license and any notices from the officer, your bond paperwork and a list of every condition, any citation or charging papers, any breath or blood results you were given, your court notices, and the names of anyone who was with you. Write your own notes about the stop while your memory is fresh, 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 officer are not confidential.
Do not miss court. A missed date can lead to a bench warrant.
Do not drive on a suspended or restricted license outside its limits. That is a separate crime.
Do not ignore the 14-day refusal deadline if it applies to you. It runs from the date on the officer's notice.

The first 30 days set the stage for the rest of your case. Know your deadlines, follow your bond conditions exactly, and get answers about your own situation early from a local attorney.

How I Can Help

If you are facing an OWI 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.