Stages Followed If You Get a DUI in Michigan
The drunk driving law in Michigan states that it is illegal to drive if your blood tests a 0.08% alcohol concentration or above. This rule applies to drivers over 21 years as the State of Michigan has a lower BAC for drivers under the age of 21 years and the commercial drivers. Being arrested for drunk driving is called operating while intoxicated (OWI).
The arrest sets you in a legal process which follows various steps and procedures. After investigation and arrest, a case is booked, and that is when you begin your journey via the judiciary. After the arrest, you are taken to the police station for booking, and you can be detained in the cell unless someone posts bail, or if the police think that you are sober enough to be released.
The stages to be followed are;
This is the initial court appearance whose purpose is to determine the measures necessary to ensure you will show up for future hearings and protect the community as your case is pending. The measures could include depositing some cash and other conditions the court may choose to add. Some of the conditions include;
- Not using any alcohol
- Participating in substance and alcohol abuse test
- Surrender your driver’s license
- Follow a specified curfew
- Participate in a given treatment program for drug abuse
- You are not supposed to possess any dangerous weapon
Above are just some of the conditions the judiciary may choose to enforce
This is like a scheduling conference, and your appearance is vital. It allows the prosecutor and your defense attorney to come together and discuss what is necessary for the trial and decide if the case should be resolved without undergoing trial.
These are the written arguments or points that your lawyer makes to dismiss the case or to minimize your charges. They are used to address the constitutional violations. For example, if your lawyer thinks that you experienced an unlawful traffic stop or the obtained evidence should not be applied, then s/he will have to file a motion.
DUI evidentiary hearing
This happens if the motion filed requires testimonies from other people. The purpose of this stage is for the court to make a ruling on some aspects before the trial begins.
This is when the jury will make the final decision about your case.
It is essential to note that if you fail to show up for any of the hearing, it could lead to the issuance of a warrant for arrest or forfeiture of your bond money.