If you’ve just been arrested for DUI (also called OWI – Operating While Intoxicated) in Michigan, you might be wondering:
“Do I need an attorney now—or should I wait until I get a court date, blood test results, or an official letter in the mail?”
Here’s the truth: Waiting can cost you.
If you’ve been charged with DUI (also called OWI in Michigan), and the evidence looks stacked against you—maybe your blood alcohol level was .17 or higher, or there was an accident involved—you might be thinking:
“What’s the point of hiring a lawyer? The case is already lost.”
This mindset is not only wrong—it’s potentially life-altering.
If you’ve been charged with DUI (also known as OWI in Michigan), you might be thinking:
“It’s my first offense—I probably don’t need a lawyer unless things get really serious, right?”
This is one of the most dangerous assumptions people make after a DUI arrest.
Even a person convicted of a first offense DUI/OWI in Michigan with no prior record faces the possibility of up to 93 days in jail, and judges in some courts are well known for putting first-time offenders in jail. Also, repeat drunk drivers may face up to five years in prison for felony drunk driving, and where a death or serious injury occurs, the offender may be looking at 15 years or more behind bars. Even second DUI offenders face a minimum mandatory 5-day jail sentence, while felony drunk drivers are looking at a minimum of 30 days to a year.
DUI Michigan convictions aren’t the only reason people may face jail time. Before the case even gets underway, and while you are still presumed innocent, some courts set extremely high cash bonds that are simply out of reach for many offenders. If the bond is too high, then you stay in jail until the bond is posted. Also, in addition to the money posted, you will be ordered to comply with certain bond conditions.
First, our OWI law firm in Michigan will answer the top 9 questions about the OWI meaning. Other than one letter, little difference between OWI and DUI exists.
Michigan law provides that for every person convicted of drunk driving must be subjected to substance use evaluation prior to sentencing. More specifically, Michigan Compiled Laws sec. 257.625b indicates that such individuals must undergo a screening and assessment to determine if the person would benefit from “rehabilitative services,” which may include such things as alcohol or drug education or treatment programs.
A conviction for operating under of influence of drugs has a similar requirement. This is because Michigan statutory law calls drunk driving “operating while intoxicated” (OWI). Drinking and driving is not against the law. To violate Michigan’s OWI law a person must be driving under the influence of drugs or alcohol. If you operate a vehicle after drinking enough alcohol to become intoxicated, or consume enough drugs to become intoxicated, then you’ve committed the offense of drunk driving. In other words, DUI and OWI are essentially the same thing.
Now that you understand the plea bargaining process in Michigan and how to prepare for court when pleading guilty, let’s now consider exactly what happens in court when you plead guilty. During the plea taking process the court will be concerned with two things. First that you understand the constitutional rights that you are giving up by pleading guilty, and second, that you are freely, knowingly and understandingly admitting to and acknowledging that you have committed the crime to which you are pleading guilty.
To confirm that you are fully aware that by pleading guilty you are giving up all your constitutional rights associated with trial, the judge will ask you a series of questions almost all of which are answered by the single word “yes”. So, for example, the judge will ask you if you understand that you have an absolute right to trial, to which of course your answer is “yes.” The judge will ask you if you understand that pleading guilty you are giving up your right to remain silent, to which again, the answer is “yes.” There are sometimes a few “no” questions as well, such as “have any promises been made other than those stated on the record, to get you to plead guilty.” The answer to the question so certainty be “no.” Another no question might be “have there been any threats, compulsion or duress used to get you to plead guilty.” Again, the answer should definitely be no. Once the court is satisfied that you are freely knowingly and understandingly giving up or waiving all your constitutional trial rights, and that no promises or threats have been made to induce the plea, then the court will move on to a establishing the factual basis for plea.
If you are facing criminal charges, the criminal justice system seem overwhelming. It doesn’t matter if you’re facing drunk driving, drug charges, sex crimes or white collar crimes in the State of Michigan, the same system of felony criminal procedures apply.
Many Michigan DUI charges and other criminal cases like sexual assaults, child pornography and drug crimes, are resolved through a process called plea bargaining. A plea bargain is what happens after your attorney discusses your case with the prosecutor and explains why it is appropriate to amend or reduce the charges you are facing with the court. Sometimes the reduction in charges to a lower criminal offense will lessen the impact on your drivers license and possibly jail time as well.
The Michigan DUI Lawyers at the Barone Defense Firm have be advising our clients in Oakland County and throughout the State of Michigan, that if you are convicted of operating while intoxicated (OWI) then you should expect to be placed on a term of probation.
While on probation, you will have a variety of conditions of probation and these will be based in part on whatever “rehabilitative goals” are set by the Judge.
Immediately upon your arrest for DUI in Michigan the arresting officer notifies the Secretary of State. This happens when the arresting officer destroys your plastic driver’s license and prepares a DI-177, which is entitled “Breath Blood or Urine Report Michigan Temporary Driving Permit.” This document becomes your paper license and you will use it to drive until you are convicted or until your case is dismissed. A DI-177 is only prepared if you agree to take a breath or blood test when asked by the arresting officer.
If you refused to submit to a breath or blood test then the officer will prepare a DI-93, which is entitled “Report of Refusal.” This too becomes your paper license but is only good for 14 days or until after you win your appeal hearing. Because you are not allowed to refuse a breath or blood test your license will be suspended for a year unless your Michigan DUI lawyer demands a hearing within this 14-day period.
Michigan Criminal Defense Lawyer Blog