Understanding Each Step in Your DUI Case
Facing driving under the influence (DUI) charges can be overwhelming. Our team at Grewal Law wants to help you understand each step you will face as your case progresses. The first step is the arrest which takes places after a police officer has pulled you over for allegedly driving erratically. You should only have been pulled over if the officer had just cause for the stop.
As your drunk driving defense attorney, we can help you beat a DUI charge in Michigan including looking for errors that may have taken place during the case’s first step – your arrest.
Are you unsure what the future holds for your DUI case? If so, contact us for a free quote today at (888) 211-5798.
We can help better understand your case by walking you through the step by step process outlined below.
#1 – Breathalyzer Test and Arrest
Once you have been pulled over, an officer can ask you to take a test to determine if you are intoxicated. The police officer may ask you to take a physical test or a breathalyzer test. Under Michigan law, you must submit to a bodily alcohol content (BAC) test according to theImplied Consent Law. If the results of the test show you are intoxicated, the officer will have probable cause to charge you with a DUI or an OWI (Operating While Intoxicated)and will arrest you.
#2–Secondary Testing at Police Station
After your arrest, you will be taken to the police station or to a hospital for additional testing. At the station, an officer may administer a second alcohol testing using a DataMaster device. If you are taken to the hospital a blood test will be taken instead. After this round of testing, you will typically be held in jail overnight.
#3 – Arraignment/Preliminary Exam
Once you have been detained, an arraignment will be held to file the formal charges. Typically, these will take place the next day. During the arraignment, you will learn about the charges you are facing and the penalties that come along with a conviction. It is highly advised you have an experienced drunk driving defense lawyer with you at the arraignment even though you are not required to have legal counsel present.
During the arraignment, the charges outlined will vary depending on the circumstances surrounding your arrest.
A first offense charge where your BAC was below .17 you could face:
- A fine of up to $500
- Spending up to 93 days in jail
- Required community service up to 360 hours
- License suspension for up to 180 days
- 6 points on your driver’s license
A first offense charge where your BAC was above .17 you are facing an Operating While Intoxicated (OWI) charge known as a High BAC offense.
OWI charges come with higher penalties including:
- A fine of up to $700
- Spending up to 180 days in jail
- Required community service up to 360 hours
- License suspension for up to one year
- 6 points on your driver’s license
- Mandatory completion of an alcohol treatment program
- Ignition interlock installation on vehicle as part of a restricted license
In addition, if you have already been convicted of two or more alcohol related driving offenses you could face an OUIL (Operating Under the Influence of Liquor) 3rd offense felony charge.
The penalty for this conviction is up to five years in jail. If facing this charge, you will have a preliminary examination within two weeks of your arraignment. During the arraignment, evidence must be shown by the prosecution to show probable cause for the charges you are facing.
You may also be facing additional punishment if you caused an injury or death to another person or if children were in the vehicle at the time of the accident. Contact our alcohol and drug defense lawyers today to help you understand the charges you are facing in your case.
#4 – Pre-Trial Conference
During a pre-trial conference, evidence will be presented allowing the court to decide if it can be included in your DUI trial. It’s also the point in time where there is a possibility for your case to be thrown out or for you to have a plea bargain entered as a sentence. While working as your criminal defense lawyer we will work hard to have your case thoroughly analyzed at this stage in the process. We fight to get the most optimum resolution for you.
#5 – Jury Selection Process
If your case will be heading to trial, the next step before it begins is the jury selection. For misdemeanor charges, a jury is made up of seven jurors. In contrast, for felony DUI charges 13 jurors will be selected. Jury selection is a vital part of your case because they will ultimately decide if you are found guilty or not. Once at your trial, the prosecution will have to prove guilt in your case beyond a reasonable doubt.