The first stage of a DUI case is the arrest. If an officer observes you driving erratically or otherwise has a suspicion that you are violating the law, he has a reasonable suspicion to pull you over. If the officer observes signs of alcohol or drug use, or otherwise suspects you are intoxicated, the officer can ask you take a physical or breathalyzer test according to drunk driving testing procedures. If the results of the physical tests or breathalyzer test indicate intoxication, the officer has probable cause to arrest you for driving under the influence.
Once arrested and taken to the police station, the police will engage in a second round of alcohol testing on a device called a Datamaster to determine if drunk driving occurred. The driver will be detained overnight. The driver may be released the next day, or may be arraigned.
At arraignment in a DUI case, the criminal defendant is advised of his rights and the charges and potential penalties are read to him. Lawyers may be present at this stage, but often they are not. In many cases, the presence of a skilled attorney can have a significant impact on procuring a low bond on behalf on a defendant.
If a defendant has a prior alcohol related DUI, OUIL or OWI offense within seven years of the present offense, the prosecution can charge an individual with a OUIL 2nd offense, which is a misdemeanor with a potential of one year jail time as opposed to a misdemeanor for a OUIL 1st offense with potential jail time of 93 days.
If a defendant has been convicted of two or more drunk driving offenses within his or her lifetime than an individual can be charged with a OUIL 3rd offense, a five year felony. If an individual is charged with a OUIL 3rd offense a criminal defendant has a right to a preliminary examination within 14 days of arraignment. At the preliminary examination the prosecuting attorney calls witnesses and presents evidence to support the charges against the defendant. At this stage the prosecution must show probable cause that the crimes charged were in fact committed.
In addition if any individual(s) where injured or killed as result of the alleged intoxicated driving or if children were in the vehicle at the time of operating the vehicle, other more serious criminal charges could be charged against an individual such OUIL causing death or serious bodily injury, or OUIL/Child Endangerment.
Whether the DUI is charged as a misdemeanor or felony, pre-trial conferences are held before trial. The parties discuss evidentiary issues and may engage in plea bargaining. Motions may be heard regarding the evidence to be presented at trial. Having a skilled aggressive criminal defense lawyer well versed in Michigan DUI defense ensures that every aspect of a case is analyzed to give an individual the best opportunity to beat their case, or at a minimum get the best possible resolution under the circumstances.
Next, jurors are selected. If the DUI is charged as a misdemeanor, seven jurors are selected from the jury pool after questioning by the court and the attorneys known as voir dire. If the DUI is charged as a felony, 13 jurors are selected. As previously discussed the decision to charge a felony DUI or misdemeanor DUI is within the discretion of the prosecuting attorney. Trial is held soon after jury selection. To obtain a guilty verdict, the prosecution must show every element of the crime charged beyond a reasonable doubt. If the defendant is convicted the case proceeds to sentencing.
At Grabel & Associates, we have defended many individuals through all steps of their DUI case, including trial. We will investigate all evidentiary issues and avenues for obtaining the most favorable outcome. If you face DUI charges, call us for an experienced Michigan DUI defense attorney today for a confidential consultation at (800) 342–7896.