Michigan DUI - Setting Bond

In Michigan, anyone arrested for a crime punishable by not more than 1 year in jail is entitled to post an interim bond with the police for his or her release. 

That same statute, however, gives police wide latitude in holding a suspected drunk driver “until he or she is in a proper condition to be released.” While the statute allows the bond to be as high as the maximum possible fine ($500 in the case of operating while intoxicated (OWI), first-time offender, and $1,000 for a second-time offender), the bond normally will not exceed $200 and is often $100. 

However, that additional bond money can be required if the driver is charged with additional offenses besides the drunk driving charge. For example if your also charged with driving on a suspended license or another type of misdemeanor, an additional bond of up to the maximum fine for that additional offense may also be required. 

When the police intend to charge someone with a felony drunk driving or impaired driving offense, either as a third-time offender or for causing serious injury or death, the interim bond statute provisions do not apply. Accused felons are to be taken before a magistrate for formal arraignment as soon as possible. 

Many police departments will issue a simple OWI citation to the accused, allow him or her an interim bond, and seek a felony warrant later or simply release the defendant pending issuance of a felony authorization.

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