The Steps After a DUI/OWI Arrest
What’s the best and first thing to do after a DUI arrest? Contact a criminal defense attorney as soon as possible after a DUI or OWI arrest in Michigan, then remain silent until your lawyer is present. A defense lawyer will act as an advocate on your side to defend you against the charges.
Typically, the steps after arrest for a DUI are the same for most individuals. Here’s a rough outline on the next steps after a DUI arrest:
You’ll Be in Jail Until You’re Sober
You will stay in jail until you are considered medically sober. The police use an equation based on your bodily alcohol content (BAC) and your gender to decide roughly how long to keep you in jail. Once you are sober and post bond, you can usually leave.
Your Lawyer Will Begin an Independent Investigation
Talk to a lawyer as soon as possible after a drunk driving arrest, even if it is your first DUI. Your attorney will need time to independently investigate the circumstances of your arrest. The purpose of the investigation is to build a strong case for a plea bargain or a dismissal of the charges.
Some of the questions your DUI defense lawyer will ask are:
- Was it a lawful traffic stop?
- Did the police actually observe you driving? For how long?
- Did the police properly follow the administrative rules to draw blood and use the Datamaster breath test machine?
Your attorney will order the Datamaster logs, a videotape of the traffic stop and field sobriety test and copies of any 911 calls.
Arraignment Before a Judge or Magistrate, or Waiver of Arraignment
That evidence and other information will help your lawyer fight for a positive outcome on your behalf.
About a week or two after a DUI arrest comes the arraignment. At the arraignment, a judge or magistrate tells the defendant what the exact charge is and what the possible penalties are. If you have a defense lawyer, you may be able to waive the arraignment and save yourself a trip to court.
Approximately three weeks after the arraignment comes the pre-trial hearing. During the pre-trial stage Mr. Schwartz attempts to negotiate a plea bargain, schedules pre-trial motions if he has found any technical errors in the investigation of your case that he thinks may help your defense, or schedules the case for trial.
Getting Help After a DUI Arrest in Michigan
At Schwartz Law Group, we defend a lot of clients facing their first DUI arrest. We also handle a lot of cases on behalf of clients dealing with a subsequent DUI charge, when the penalties are likely to be harsher and the courts are likely to be less forgiving.
Every client of our law firm works directly with AV-rated* criminal defense lawyer Steven L. Schwartz, a no-nonsense attorney who has two decades’ experience as a criminal defense attorney in Oakland County.
Our Goal in Every Case: Dismissal of the Charges
If you have to plead guilty, we have been successful in getting our clients the best possible sentences, including minimal probationary terms. Although drunk driving charges are very difficult to beat, our team has been extremely successful in obtaining not-guilty verdicts as well as getting cases dismissed via pre-trial motions to exclude evidence.
Call us at (248) 930-5019 or send us an e-mail.
* CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories – legal ability and general ethical standards.