An OWI in Detroit: how the case moves

The short version

Arrests inside the City of Detroit go to the 36th District Court, 421 Madison Street. Felony cases from anywhere in Wayne County go to the Third Circuit Court at the Wayne County Criminal Justice Center on Russell Street. Arrests in other Wayne County communities go to that community's own district court, which your paperwork names.

Step by step

1. Arrest and booking. Detroit Police, the Wayne County Sheriff, and the Michigan State Police make most arrests in the city. People held after an arrest are booked at a police facility or the county jail at the Criminal Justice Center.
2. Your license. The officer takes your plastic license and gives you a paper temporary license. If you refused the chemical test, you have 14 days to request a hearing with the Department of State (implied consent hearing guide).
3. Arraignment. A first or second OWI arrest in Detroit is a misdemeanor heard at the 36th District Court on Madison Street, where misdemeanor arraignments are held weekdays at 9 a.m. in Room 1067.
4. Pretrial and resolution. Dismissal, a plea, or trial in district court.
5. Felony cases. A third offense, or an OWI causing serious injury or death, is a felony. After the district court's preliminary steps it is bound over to the Third Circuit Court at the Criminal Justice Center on Russell Street.
6. After a conviction. Sentencing, then license sanctions from the Department of State: a suspension, a restricted license, and an ignition interlock in some cases.

Which court

• 36th District Court, 421 Madison Street, Detroit, MI 48226, (313) 965-2200. Misdemeanor and traffic cases from the City of Detroit. Criminal Division: Room 120, (313) 965-5029. Misdemeanor arraignments are weekdays at 9 a.m. in Room 1067.
• Third Judicial Circuit Court: Criminal Division (Wayne County Criminal Justice Center), 5301 Russell Street, Detroit, MI 48207. Felony cases from anywhere in Wayne County, including a third OWI offense, are bound over here from the district court.

The first days after the arrest

Three deadlines and papers matter most in the first days:

• The refusal notice. If you refused the chemical test, the 14-day deadline to request a hearing runs from the officer's notice, not from your court date (14-day hearing guide).
• The temporary license. The paper license the officer gave you is what you drive on while the case is pending, if you are otherwise eligible. Keep it with you.
• The court date. It is on your citation or bond paperwork. Missing it can lead to a warrant.

Bond and release

After an OWI arrest, release conditions are set by the court, often by a magistrate. Conditions for an OWI case can include not drinking, testing, and not driving without a valid license. If a cash or surety bond is set, families sometimes use a bail bond agent; ask what the fee is and whether any of it is refundable before you sign. Bond agents serving Detroit that ask to be listed appear under bail in the directory.

Prior convictions and the charge

Michigan's penalties rise with prior convictions, and a third OWI is a felony no matter how long ago the earlier ones were. If the prosecutor wants an enhanced sentence based on prior convictions, MCL 257.625(15) says it must list them on the complaint. A lawyer can check whether the priors listed are accurate and count. The ranges are in the penalties guide.

If you cannot afford a lawyer

You can ask the court to appoint a lawyer if you cannot afford one. In Detroit, the Legal Aid and Defender Association ((313) 967-5555) provides court-appointed defense in many cases; ask the court how to request an appointed lawyer.

After a conviction

A conviction usually means a court sentence (fine, possible jail, community service, probation, and often alcohol assessment or treatment) and then license sanctions from the Department of State. The license sanctions guide explains the suspension, restricted license, and revocation rules.

Getting your car back

If you were arrested while driving, the police usually have the car towed. Call the arresting agency first, since it can tell you which company has the car and whether a release is needed before the lot will give it back. Then call the tow company and ask for the total due, the payment methods it accepts, its hours, and what you must bring, usually photo ID, the registration, and proof of insurance. Storage fees often add up each day, so it pays to move quickly. If you cannot drive, someone else may be able to collect the car with your written permission; ask the tow company what it needs.

Preparing for the first court date

The first court date in a misdemeanor OWI is usually an arraignment or pretrial, not a trial. Before it:

• read the citation and bond papers again for the court name, date, time, and any conditions;
• check the court's website or call the clerk to confirm whether you must appear in person or by video;
• if you want appointed counsel, ask the court how to apply before the date;
• bring your paperwork and a pen, and arrive early to get through security; and
• follow every bond condition, such as no alcohol or testing. A violation can lead to a new warrant.

If you cannot make the date, call the court before it, not after. Missing a court date can lead to a bench warrant and a license action.

Contacts

Every office above, with its address and phone number from its official source, is on the local resources page. Call before you go; hours and procedures change.