UDAA in Michigan stands for Unauthorized Driving Away of an Automobile, a felony under MCL 750.413 that makes it a crime to willfully take possession of and drive away someone else’s motor vehicle without permission. A conviction carries up to five years in state prison.1Michigan Legislature. Michigan Compiled Laws 750.413 – Motor Vehicle; Taking Possession and Driving Away It’s one of two Michigan statutes that cover unauthorized use of a vehicle, and which one you’re charged under decides whether you’re facing a felony or a misdemeanor.
What the UDAA Statute Covers
MCL 750.413 applies to anyone who willfully and without authority takes possession of and drives away a motor vehicle belonging to someone else. The law also reaches anyone who assists in or is a party to the taking.1Michigan Legislature. Michigan Compiled Laws 750.413 – Motor Vehicle; Taking Possession and Driving Away That second part catches more people than you might expect. A passenger who encouraged the taking, or a friend who acted as a lookout, can face the same felony charge as the driver.
To secure a conviction, prosecutors must show that you intentionally took possession of the vehicle, that you had no authority or permission to do so, and that the vehicle belonged to someone else. Notably, the statute does not require proof that you intended to permanently steal the car. That silence on intent is deliberate: UDAA covers the full range of unauthorized takings, including thefts, which is part of what makes it the more serious of Michigan’s two vehicle-taking offenses.
UDAA vs. Joyriding
Michigan separates unauthorized vehicle offenses into two distinct crimes, and the line between them is often the central issue in these cases. Joyriding, under MCL 750.414, applies when someone who already has lawful possession of a vehicle uses it beyond the authority the owner gave them, and the statute explicitly requires that the person acted “without intent to steal.”2Michigan Legislature. MCL – Section 750.414
The practical difference comes down to how the possession started. Taking a neighbor’s car out of their driveway while they sleep is UDAA. Borrowing a friend’s car with permission to drive to the store and then taking it on a road trip to another state is joyriding.3Michigan Courts. Unlawful Use of an Automobile Without Intent to Steal (Joyriding) Because UDAA has no “without intent to steal” limitation, prosecutors retain the option of charging UDAA as a felony even in cases where theft intent isn’t clear. That charging decision is where a lot of the real-world stakes lie.
Penalties for a UDAA Conviction
UDAA carries up to five years in state prison.1Michigan Legislature. Michigan Compiled Laws 750.413 – Motor Vehicle; Taking Possession and Driving Away The statute itself does not set a fine, but Michigan’s sentencing guidelines let judges weigh the defendant’s criminal history, the circumstances of the offense, and aggravating factors like whether the vehicle was used in another crime. First-time offenders with clean records sometimes receive probation instead of prison, particularly when the vehicle was returned promptly and undamaged. Repeat offenders, or defendants whose cases involve additional criminal conduct, face sentences closer to the statutory maximum.
By comparison, joyriding carries a maximum of two years in jail, a fine of up to $1,500, or both. A first joyriding offense can be reduced to no more than three months in jail or a fine of up to $500, with that reduction written into the statute itself.2Michigan Legislature. MCL – Section 750.414
Restitution applies regardless of which charge sticks. Michigan law requires courts to order the defendant to return the vehicle when possible, or pay its fair market value at the time of the offense or at sentencing, whichever is greater. Courts may also order payment for seizure or impoundment costs the owner incurred.4Michigan Legislature. MCL – Section 780.766 Restitution is added on top of any fine or prison term, so the financial hit can be substantial even when the sentence itself is light.
License Suspension
Because UDAA is a felony involving a motor vehicle, the Michigan Secretary of State is required to suspend the defendant’s driver’s license for one year. The suspension applies to any felony where a motor vehicle was used as an instrument of the crime, was used to flee the scene, or was necessary to commit the offense.5Michigan Legislature. Michigan Vehicle Code – Cancellation, Suspension, or Revocation of Licenses UDAA fits that definition squarely, since the vehicle is central to the crime by definition.
Getting your license back requires a $125 reinstatement fee paid to the Secretary of State.6Michigan Legislature. MCL – Section 257.320e You may also need to pass an examination prescribed by the Secretary of State and meet all standard licensing qualifications before reinstatement is approved. Repeat offenders face longer suspensions and a tougher path back to a valid license.
Life After a Felony UDAA Conviction
The prison sentence ends, but a felony on your record keeps working against you. These consequences are worth understanding before deciding whether to accept a plea deal or fight the charge.
Firearms
A felony UDAA conviction bars you from possessing, purchasing, or carrying a firearm or ammunition in Michigan. The prohibition lasts until three years after you’ve completed your entire sentence, including any probation or parole, and paid all fines.7Michigan Legislature. MCL – Section 750.224f Federal law adds a separate layer under 18 U.S.C. ยง 922, which prohibits firearm possession by anyone convicted of a crime punishable by more than one year of imprisonment and doesn’t automatically lift after a waiting period.
Jury Service
Michigan permanently disqualifies anyone convicted of a felony from serving on a jury, with no waiting period for eligibility to return.8Michigan Legislature. MCL – Section 600.1307a The disqualification persists unless the conviction is set aside.
Voting
Michigan prohibits voting only while a person is incarcerated. Once you’re released, your voting rights are restored automatically, with no application or waiting period.9Michigan Legislature. MCL – Section 168.758b
Employment, Housing, and Insurance
A felony record shows up on background checks, and a vehicle-related felony is especially damaging for jobs that involve driving, fleet management, or access to company vehicles. Landlords frequently screen for criminal history as well. Auto insurance premiums almost always rise after a driving-related felony, assuming a carrier will write a policy at all, because insurers treat these convictions as direct evidence of risk. During any period of license suspension, a lapse in continuous coverage creates its own penalty when you shop for insurance again.
Defenses to a UDAA Charge
Several defenses come up regularly in UDAA cases, and the right one can mean the difference between a felony conviction and a dismissal.
Consent or belief of authority. The core of every UDAA charge is “without authority.” If you genuinely believed you had permission to use the vehicle, that belief undercuts the “willfully” element. Evidence of a prior lending arrangement, a pattern of shared vehicle use, or even an ambiguous text message can support this defense. Michigan courts have recognized that proof the defendant knew they lacked authority is essential in the joyriding context,3Michigan Courts. Unlawful Use of an Automobile Without Intent to Steal (Joyriding) and the same logic applies to UDAA.
Lack of active participation. Simply being a passenger in a vehicle that turns out to be stolen is not enough to convict. Prosecutors must prove active participation in taking or driving the vehicle. This argument comes up often when multiple people are arrested together and only one of them actually planned or carried out the taking.
Mistaken identity. Vehicle-taking cases often rely on circumstantial evidence, especially when the car is recovered hours or days later. Eyewitness misidentification, poor-quality surveillance footage, and gaps between the taking and the arrest can all support a reasonable doubt argument. A solid alibi for the time the vehicle was actually taken can be particularly effective.
Necessity. In rare situations, a defendant may argue they took a vehicle in a genuine emergency. Courts apply this defense narrowly, usually requiring an imminent threat of serious harm, no reasonable legal alternative, and a harm avoided that outweighs the harm caused. A medical emergency with no other transportation is the classic scenario, but these defenses are difficult to prove.
Clearing a UDAA Conviction Later
Michigan’s Clean Slate Act created an automatic set-aside process for certain convictions. For felonies, the automatic process kicks in ten years after the later of your sentencing date or your release from prison, provided you have no pending charges and no new convictions during that ten-year window.10State of Michigan. Clean Slate
There’s a catch. Automatic set-aside doesn’t apply to several categories of offenses, including crimes of dishonesty and assaultive crimes.10State of Michigan. Clean Slate Whether UDAA qualifies as a “crime of dishonesty” depends on how the offense is classified in your case. If the automatic process doesn’t reach your conviction, you may still be eligible to petition the court for a set-aside under MCL 780.621, which has its own eligibility rules and lifetime limits.
A successful set-aside removes the felony from your public record, restores jury eligibility, and eliminates the conviction as a barrier on background checks. Given how long the collateral consequences of a UDAA felony last, pursuing expungement as soon as you qualify is one of the most useful steps available after you’ve completed your sentence.