UDAA and Unauthorized Vehicle Use in Michigan

A plain-language look at Michigan's UDAA felony and the related unauthorized use (joyriding) offense: what each covers, the penalties, why both follow the circuit court path, restitution, options, and what to gather and avoid.

Unlawful Driving Away (UDAA)

Unlawful driving away of an automobile, often called UDAA, is covered by MCL 750.413. It applies to anyone who, willfully and without authority, takes possession of and drives or takes away a motor vehicle belonging to someone else. It also applies to anyone who helps or takes part in the taking.

UDAA is a felony with up to 5 years in prison.

Under Michigan's model jury instructions, the prosecutor must prove you intended to take the vehicle knowing you had no authority. It does not matter whether you intended to keep it. A conviction also brings a 1-year license suspension.

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

Unauthorized Use (Joyriding)

The related offense, MCL 750.414, covers taking or using a motor vehicle without authority but without intent to steal it. This is often called joyriding. It also applies to anyone who is a party to the unauthorized taking or use.

The statute calls this a misdemeanor, but the maximum penalty is up to 2 years in jail or a fine of up to $1,500. For a first offense, the court may reduce the punishment to up to 3 months or a fine of up to $500.

The difference is how possession started. UDAA applies when the vehicle was taken unlawfully in the first place. Unauthorized use applies when you got the vehicle lawfully but then used it in a way you knew was not allowed.

The law has an exception for someone who, through their job, has charge of or authority to drive the vehicle, such as an employee, even if the vehicle is used without the owner's knowledge or consent.

Why Both Follow the Circuit Court Path

UDAA is a felony. Unauthorized use carries up to 2 years, and district courts can try only misdemeanors punishable by 1 year or less, so both go to circuit court.

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.

Bond, Restitution, and Related Costs

The court rules allow release conditions such as no contact with the vehicle owner and staying away from specified places. If a condition is hard to follow, raise it through your lawyer.

If you are convicted, the court must order full restitution to the owner for losses caused by the offense, such as damage to the vehicle or the costs of recovering it. Restitution is in addition to fines and costs, and it becomes a condition of any probation.

Keep any proof that relates to permission, such as messages from the owner, since authority is often the central question in these cases.

Options That May Keep a Conviction Off Your Record

Depending on your age and history, the court may consider one of these options:

HYTA (the Holmes Youthful Trainee Act, MCL 762.11): if you were 18 through 25 years old when the offense happened, the court may place you on youthful trainee status after a guilty plea, without entering a conviction. If you were 21 or older, the prosecutor must also agree. If you complete the terms, the case is dismissed, it is not a conviction, and the record is closed to public inspection.
Delayed sentence (MCL 771.1): the court may delay sentencing for up to one year to give you a chance to show that you qualify for probation or other leniency. What happens at the end of the delay depends on the court and on any agreement in your case.

Whether any option is available depends on the prosecutor, the judge, and your record. Your lawyer can tell you whether it makes sense to ask.

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

Keep everything in one folder: your charging papers, your bond paperwork, your court notices, and any texts, messages, or records showing permission to use the vehicle. Write your own notes about how you came to have the vehicle 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 police are not confidential.
Do not contact the vehicle owner if your bond says no contact.
Do not delete messages about the vehicle or who gave permission.
Do not miss court. A missed date can lead to a bench warrant.

In vehicle cases, permission and intent are often the whole case. Preserve every message, follow your bond conditions, and get answers about your own situation early from a local attorney.

How I Can Help

If you are facing a UDAA or unauthorized use 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.