Turning Yourself In on an OWI Bench Warrant

Attorney Answer

Yes, you can be taken into custody — a bench warrant is an arrest order, so walking in on it usually means being booked, at least briefly. The goal is not to avoid custody entirely; it is to be in front of a judge the same day instead of sitting in a cell over a weekend.

A failure-to-appear warrant is issued by the judge who was expecting you and stays open until that judge recalls it or an officer executes it. It does not expire. Any traffic stop, licence transaction or background check that runs prints can trigger it at the worst moment.

Also understand that the OWI case and your driver's licence run on two separate tracks. The court handles the criminal charge; the Secretary of State acts on your driving record, and a missed court date can create its own licence hold. Clearing the warrant does not clear the licence side.

What you can do

1. Before going anywhere, have a lawyer file a motion to recall or quash the warrant and reset your court date. In many Michigan district courts that is heard without you being booked at all. 2. Call the court clerk and ask whether the warrant carries a bond amount and whether it is cash-only. That answer decides whether you leave the same day. 3. Go in early on a weekday morning, while a judge is on the bench. Friday afternoons are how people end up held until Monday. 4. Bring photo ID and proof of your address and of employment or school — the facts a judge weighs before releasing you on your own recognizance. 5. Have someone ready with bond money and a ride home. 6. Write down why you missed the original date (no notice, wrong address, no transport, illness) and give it to your lawyer. A documented reason reads very differently from defiance. 7. Ask separately what your driving status is right now, before you drive to the courthouse.