After you’ve been arraigned on your Michigan DUI/OWI, the court will make a determination as to bond conditions. The court will add conditions to your bond because you have been charged with a serious offense and the court wants to make sure that, while out on bond, you’re not continuing to endanger the public by driving drunk. For this reason, many of the conditions of bond in a DUI/OWI address the use of alcohol. There are many other possible conditions of bond, and these can include any or all of the following:
- That you not be allowed to leave the state without permission of the court. In many courts, you will be required to notify the court well in advance of your travel plans. Such notice might include proof of destination, time of departure and return, destination, and purpose of travel. Many courts will not allow leisure travel while on bond.
- That you will not commit any new crime.
- That you make reports to a court agency as are specified by the court or the agency. In a drunk driving case,
- That you not use alcohol or illicitly use any controlled substance.
- That you participate in a substance abuse testing or monitoring program. This might be random breath tests through an agency like JAAMS or ADAM. You should discuss options for testing with your attorney before the arraignment. This is especially important if you travel for work.
- That you participate in a specified treatment program for any physical or mental condition, including substance abuse treatment. This can include being ordered to attend a structured support group like AA or CR, and/or individual therapy. It is often helpful to have a substance abuse evaluation scheduled before your arraignment.
- That you surrender driver’s license or passport.
- That you continue to seek employment (if not employed).
- That you remain in the custody of a responsible member of the community who agrees to monitor the defendant and report any violation of any release condition to the court.
- That you do not possess a firearm or other dangerous weapon.
Because of the nature of many of these conditions, it is important to speak with your attorney in advance of the arraignment. Good advocacy by your attorney can help you reduce or eliminate certain bond conditions. Otherwise, complying with bond conditions can be difficult. The penalty for failing to comply however can include jail time (canceling your bond).
In addition to conditions, the bond will include the posting of some amount of money if the court determines for reasons it states on the record that your appearance cannot otherwise be assured.