In Michigan, a person convicted of drunk driving may face a life time revocation of his/her driving privilege.
DUI Legal Process
History of a Michigan Drunk Driving / Criminal Charge:
In The Beginning:
A Drunk Driving (DUI/OWI/DWI) case in Michigan typically begins with the issuing of a ticket. The ticket usually will indicate that you are being charged with OWI, which means “operating while intoxicated,” and may refer to intoxication by either drugs or alcohol, or a combination of drugs and alcohol.
A Drunk Driving charge can also begin with the issuing of a complaint and warrant. The difference between the two is beyond the scope of this discussion. Suffice to say that either process is and can be used to inform you that you have been charged with OWI.
What Happens Next?
1. Arraignment: This is the court hearing where you are advised of the charges and where you have the opportunity to initially tell the court if you want to plead guilty or not guilty to the DUI charges. The bond is also set by the court. You should always have a lawyer with you at the arraignment.
2. Pretrial: This is where the court determines if there are any pretrial issues, if the case will actually proceed to trial, and whether or not there is a way, without trial, for the case to be resolved. What happens in our office prior to the pretrial is perhaps the most important aspect of what we will be doing for you as our client. This includes by way of example only:
Opening and organizing your file so that the file itself becomes a tool we can use to gain success for you in court.
Gathering information from you about your case.
Deciding what we need to investigate independently.
Obtaining everything we can from the court, the prosecuting authority, the police, the state labs, and so forth.
Reviewing all documents, videotapes, maintenance records and other things to determine what legal issues we may need to bring to the court’s attention (this is called motion practice).
Beginning our trial preparation and determining; what is our theory of the case?
3. Trial: This is where your attorney actually presents your case to a judge or jury and a decision is made as to whether or not the government has proven its case against you. In other words, are you guilty or not guilty of drunk driving?
4. Sentencing: This is where the judge actually tells you what your DUI punishment will be. In a drunk driving case sentencing can, but rarely does, occur on the same day that you either plead guilty or are found guilty by the judge or jury.
DUI & OWI Info
Learn more about DUI and other related topics:
