What Happens After a DUI Arrest in Michigan?

What Happens After a DUI or OWI Arrest in Michigan?

Quick Answer: What Happens After a Michigan OWI Arrest?

After an OWI arrest in Michigan, the usual next steps include booking and release, arraignment, bond conditions, evidence collection, driver’s-license issues, pretrial proceedings and either dismissal, negotiation, a plea or trial.

What happens in a particular case depends on the charge, chemical-test evidence, prior record, court and circumstances of the arrest. Important deadlines can arise quickly. If a driver is accused of refusing a chemical test under Michigan’s implied-consent law, the request for a hearing generally must be received within 14 days of the notice.

A DUI or OWI arrest is serious, but an arrest is not a conviction. Preserve your paperwork, follow every bond condition, avoid discussing the case online and speak with a Michigan OWI attorney promptly.

Call 248-986-2682 to request a confidential consultation with Fraiberg & Pernie.

Michigan OWI Arrest at a Glance

What Should You Do Immediately After an OWI Arrest?

1. Keep every ticket, bond form, temporary permit and court notice.

2. Write down what happened while the events are still fresh.

3. Preserve photographs, messages, receipts, location records and potential witness information.

4. Follow all alcohol testing, drug testing, travel and no-contact conditions.

5. Do not post about the arrest on social media.

6. Confirm the date, time and location of the next court appearance.

7. Determine whether an implied-consent hearing deadline applies.

8. Obtain legal advice before answering additional investigative questions.

Missing a court appearance, violating bond or overlooking a license deadline may create problems separate from the original charge.

The First Questions People Ask

Am I Going to Jail?

Not necessarily. Michigan OWI statutes permit incarceration for many offenses, but the actual outcome depends on the charge, facts, prior record, court and resolution. No lawyer can promise that jail will—or will not—be imposed before reviewing the case.

Will I Lose My Driver’s License?

Possibly. License consequences depend on the alleged offense, prior driving record, chemical-test result and whether an implied-consent refusal is alleged. Some consequences follow a conviction; others can arise through a separate administrative process.

Can the Charge Be Reduced or Dismissed?

Sometimes. A reduction or dismissal may become possible when supported by weaknesses in the stop, arrest, testing, witness testimony or other evidence. Every case must be evaluated individually.

Will My Employer Find Out?

That depends on the employer, occupation, reporting obligations, background checks and facts of the case. A professional should obtain advice tailored to the applicable employment or licensing rules.

Should I Talk to the Police?

You generally have the right to remain silent and request an attorney. Consider obtaining legal advice before answering additional questions about the incident.

Typical Michigan OWI Case Timeline

There is no single timeline for every case. Court schedules, laboratory testing, motion practice and negotiations can change how long a matter takes.

Immediately After Arrest

• Chemical testing or an alleged refusal

• Booking and release

• Bond paperwork

• Temporary license documents or other notices

• Scheduling of an arraignment or first court appearance

The First 14 Days

• Review all paperwork and bond conditions

• Preserve relevant evidence

• Identify the court and next hearing date

• Address testing and travel requirements

• Determine whether a 14-day implied-consent hearing deadline applies

Under MCL 257.625f, a person served with an implied-consent refusal notice generally has 14 days to request a hearing. This is separate from the criminal case.

Early Court Proceedings

• Arraignment

• Bond conditions

• Entry of an attorney appearance

• Requests for police reports, recordings and testing evidence

• Pretrial scheduling

Evidence Review and Pretrial Litigation

• Review of discovery

• Investigation of factual and legal issues

• Negotiations

• Appropriate motions

• Expert consultation when justified

• Trial preparation

Resolution

A case may end through dismissal, a negotiated resolution, a plea, an evidentiary ruling or trial. Sentencing occurs only after a conviction or plea.

Step One: The Traffic Stop and Investigation

Many Michigan OWI cases begin with a traffic stop. An officer generally needs lawful grounds to stop a vehicle.

The investigation may include:

• Driving observations

• The reason given for the stop

• Statements attributed to the driver

• Physical observations

• Field-sobriety testing

• Preliminary breath testing

• Body-camera and dash-camera recordings

One of the first defense questions is:

“Was the stop lawful, and does the objective evidence support the officer’s account?”

A report should be compared with available video and other evidence rather than evaluated in isolation.

Step Two: Breath Testing, Blood Testing or an Alleged Refusal

Chemical evidence may play an important role in an OWI prosecution.

Depending on the case, the defense may examine:

• The type of test administered

• Observation and testing procedures

• Equipment records

• The timing of the test

• Blood-draw procedures

• Chain of custody

• Laboratory methods and records

• Medical conditions or medications

• Whether a warrant was required and properly obtained

• Whether an implied-consent refusal was properly reported

A test result is evidence, but it must still be evaluated for admissibility, reliability and significance in the individual case.

Step Three: Booking, Release and Paperwork

Booking may include fingerprinting, photographs, bond paperwork, testing instructions, license documents and court scheduling.

Keep every document. Important information may appear on paperwork that looks routine, including:

• The next court date

• Testing requirements

• Travel limitations

• No-contact conditions

• License information

• A deadline for requesting an administrative hearing

If instructions are unclear, obtain clarification before acting.

Step Four: Arraignment and Bond Conditions

An arraignment is generally the first formal court appearance. The court advises the accused person of the charge and addresses bond.

Possible bond conditions may include:

• Alcohol testing

• Drug testing

• Prohibition on alcohol or controlled substances

• Travel restrictions

• Reporting requirements

• No driving without a valid license

• Other conditions based on the case

Violating a bond condition can lead to additional restrictions or revocation of bond. Follow the written order even if a condition seems unrelated to the underlying allegation.

General court information is available through the Michigan Judicial Branch.

Step Five: Driver’s-License Consequences

Michigan OWI cases may involve both criminal proceedings and Secretary of State consequences.

Potential issues include:

• Suspension

• Restricted driving privileges

• Revocation

• Ignition interlock

• Implied-consent sanctions

• Commercial driver’s-license consequences

The specific consequence depends on the charge, test result, prior record and procedural history. A person should not assume that the court controls every license issue.

Step Six: Evidence Review and Defense Preparation

Evidence review may include:

• Police reports

• Body-camera recordings

• Dash-camera recordings

• Dispatch audio

• Witness statements

• Field-sobriety evidence

• Breath-test records

• Blood-test and laboratory records

• Search warrants

• Booking video

• Relevant medical or digital evidence

The objective is to determine what the prosecution can prove, whether the evidence was obtained lawfully and whether the reports are consistent with the recordings and scientific records.

Matthew Fraiberg’s Perspective

“A DUI arrest does not answer the central question in the case: What does the evidence actually prove? The stop, video, testing procedures and police reports must be examined together.”

Can a Michigan OWI Be Reduced or Dismissed?

Sometimes. Possible issues may involve:

• Lack of lawful grounds for the stop

• An arrest unsupported by probable cause

• Improperly obtained statements

• Problems with a warrant

• Testing-procedure issues

• Inaccurate or incomplete reporting

• Contradictions between video and written reports

• Witness credibility

• Missing evidence

• Laboratory or chain-of-custody issues

The existence of an issue does not automatically produce dismissal or reduction. Its importance depends on the law, evidence and circumstances.

Prospective clients may review Fraiberg & Pernie’s Michigan criminal-defense case results. Prior results do not guarantee or predict what will happen in another matter.

Professional and Employment Concerns

An OWI arrest or conviction may create additional concerns for physicians, nurses, attorneys, pilots, commercial drivers, licensed professionals and people whose jobs require driving or security clearance.

Questions may include:

• Is there a reporting obligation?

• Does the employer have a written policy?

• Could driving restrictions affect job duties?

• Could a licensing agency begin a separate proceeding?

• Could travel restrictions affect employment?

• Is separate professional-licensing advice appropriate?

Reporting requirements vary. Do not rely on a general website statement when a professional license, immigration status, security clearance or commercial credential may be affected.

What Happens If…?

What Happens If I Refuse a Chemical Test?

An alleged refusal may trigger a separate implied-consent process. Review the notice immediately because the hearing-request deadline is generally 14 days.

What Happens If I Miss an Alcohol or Drug Test?

A missed or failed test may be reported as a bond violation. Contact counsel promptly and preserve any documentation explaining what occurred.

What Happens If I Miss Court?

The court may issue a warrant or take other action. Contact the court and your attorney promptly rather than ignoring the missed appearance.

What Happens If I Violate Bond?

The court may modify or revoke bond, impose additional conditions or take other action.

What Happens If the Case Involves an Accident or Injury?

Accidents and injuries may affect the potential charges, evidence and consequences. Avoid making assumptions before the reports and relevant evidence are reviewed.

What Happens If I Have a Commercial Driver’s License?

Commercial drivers may face consequences different from those applicable to an ordinary operator’s license. Obtain advice addressing both the criminal case and CDL rules.

Seven Mistakes to Avoid After a Michigan OWI Arrest

1. Discussing the incident unnecessarily

2. Posting about the case online

3. Missing court appearances

4. Violating bond or testing conditions

5. Ignoring driver’s-license paperwork

6. Missing an implied-consent deadline

7. Assuming a chemical-test result cannot be examined or challenged

What Makes a Strong Michigan OWI Defense?

A careful defense may include:

Evidence Analysis

What does the available evidence actually establish?

Constitutional Analysis

Were the stop, detention, search, arrest and questioning lawful?

Scientific Analysis

Were breath- or blood-testing procedures followed, and what do the results prove?

Consequence Analysis

How could the charge affect driving privileges, employment, licensing and the client’s record?

Court Preparation

What must the client do before the next hearing, and what factual or legal issues require investigation?

Motion and Trial Preparation

Can the prosecution establish every required element with admissible evidence?

Preparation does not guarantee a result. It gives the client and attorney a stronger basis for making informed decisions.

Why Clients Choose Fraiberg & Pernie

Fraiberg & Pernie combines the perspectives of:

• Matthew Fraiberg, a former city prosecutor and former judicial clerk licensed in Michigan since 1997

• Eric L. Pernie, a Michigan criminal-defense attorney and former police officer

The firm’s approach emphasizes:

• Direct attorney communication

• Review of police and scientific evidence

• Identification of constitutional issues

• Driver’s-license analysis

• Court preparation

• Realistic explanations without guaranteed outcomes

Fraiberg & Pernie represents clients through offices in Birmingham and Oak Park, with a primary focus on Oakland, Wayne and Macomb Counties.

Frequently Asked Questions

What Does OWI Mean?

OWI means Operating While Intoxicated. It is the term Michigan law uses for offenses many people call DUI.

Can Breath-Test Results Be Challenged?

Potentially. The defense may examine testing procedures, equipment records, the observation period and other evidence. Whether a meaningful challenge exists depends on the facts and records.

Can a Lawyer Protect My Driver’s License?

A lawyer can identify applicable license issues, explain deadlines and pursue available procedures. No attorney can guarantee that a license consequence will be avoided.

When Should I Hire an OWI Lawyer?

Prompt advice may help with bond conditions, evidence preservation, court preparation and license deadlines. This is particularly important when an implied-consent refusal is alleged.

How Long Does a Michigan OWI Case Take?

The timeline varies according to the court, evidence, laboratory testing, motions, negotiations and whether the matter proceeds to trial.

Does an Arrest Mean I Will Be Convicted?

No. An arrest is an accusation. The prosecution must prove the charge through admissible evidence, and the accused person retains the presumption of innocence.

Speak With a Michigan OWI Lawyer

If you have been arrested for OWI, DUI, High BAC, drugged driving, felony OWI or an alleged implied-consent refusal, Fraiberg & Pernie can help you understand the evidence, court process and potential driver’s-license consequences.

Call 248-986-2682 to request a confidential consultation.

Related Michigan OWI Resources

• Ultimate Guide to Michigan OWI and DUI Law

• Michigan OWI and DUI Lawyer

• Michigan OWI Penalties — MCL 257.625

• Michigan Implied-Consent Refusal

• Michigan High BAC OWI Defense

• Michigan Felony Third-Offense OWI

• Best DUI Lawyers in Michigan

Written and reviewed by: Matthew Fraiberg
Michigan criminal-defense and OWI attorney
Licensed in Michigan since 1997
Former city prosecutor and former judicial clerk

Last reviewed: September 2026

Disclaimer: This page is for informational purposes only and does not constitute legal advice. Viewing this page or contacting Fraiberg & Pernie does not create an attorney-client relationship. Prior results do not guarantee or predict future outcomes.