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What to Expect After a DUI Arrest in Michigan?
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 DUI defense lawyer will act as an advocate on your side to defend you against the charges. It’s important to note that what happens after your DUI arrest will also depend on whether this is your first DUI offense or you have offended more than once.
Typically, the steps after arrest for a DUI are the same for most individuals. Here’s a basic understanding 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 a field sobriety test?
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.
Under Michigan’s Implied Consent Law, if you refuse a field sobriety test or a blood test, you will have your driver’s license suspended. It’s crucial to have your lawyer present as you are arraigned and throughout any hearings or trials if this law applies to you.
Pre-Trial Hearing after a DUI Arrest
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 criminal defense law firm works directly with AV-rated* criminal defense lawyer Steven L. Schwartz, a no-nonsense attorney who has three decades of 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 can be 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.