Michigan DUI Process: Michigan OWI Process

Following a DUI arrest in Michigan, many steps subsequently occur in the criminal process. Listed below is a brief outline of what to expect in a typical DUI criminal case in Michigan:

RELEASE FROM CUSTODY - Individuals who submit to a chemical test and fail (if BAC is over .08, or .04 for commercial drivers, or .02 for minors under the age of 21) must be held in custody for at least 8 hours in jail before becoming eligible for release. A suspect may be released on his own recognisance with a promise to appear in court, or by posting a bond (if required). DUI defendants who are unable to post bond and who are not eligible for release are held in custody until the time of their arraignment.  Under Michigan law, DUI cases must be resolved within 77 days following arrest.

ARRAIGNMENT - The first court appearance following your arrest is called an Arraignment. At this hearing, you will go before a judge who will formally read you the charges that have been filed against you. You will be asked to enter a plea.  If you enter a plea of guilty, the judge will impose a sentence. If you plead not guilty, the case will be set for a pre-trial conference.

PRETRIAL HEARING - The next court appearance following the arraignment is called a pretrial hearing. This hearing serves as an opportunity to update the judge on the progression of your case. Problems with scheduling and discovery will be dealt with. A pretrial conference with the prosecutor may result in the offer of a plea agreement. If you wish to accept the plea arrangement the state has offered, you will go before the judge and formally enter your plea on the record. If no plea agreement is reached, the case will proceed to trial.

PRETRIAL MOTIONS - Any defense motions that are filed will be discussed at pretrial motion hearings. If there is evidence that your attorney wishes to attempt to suppress, such as chemical test results, he/she will file a motion to suppress and argue it before the court. At this hearing, your attorney may cross-examine the police officers and witnesses involved in your case, and expert witnesses may be called to testify as well. If a motion to suppress is granted, the evidence will not be admissible against you at your trial. It is not uncommon for the prosecutor to offer another plea deal following a successful motion hearing. 

TRIAL - Most cases typically are resolved prior to this stage. If, however, your case proceeds to trial, the jury will consist of 6 members. Following jury selection, both the prosecutor and defense attorney will give opening arguments. Then the state must present its case. In every DUI trial in Michigan, the prosecutor has the burden of proving each element of your charge beyond a reasonable doubt. The prosecutor will call witnesses, which your attorney will be able to cross-examine. Following the close of the state's case, your attorney may or may not put on a defense. He/she may call witnesses, including experts, to testify about your case. Whether or not you the defendant will testify is a strategic decision that must be carefully discussed with your attorney. Finally, closing arguments will be given by each side. After the jury has been instructed by the judge, they will return to the jury room to deliberate. If a verdict of not guilty is reached, your charges will be dismissed. If a guilty verdict is found, your case will be set for sentencing.

APPEAL - Following a guilty verdict, you may file an appeal. You must do so timely, however, as failure to file a request for an appeal within a certain time period will be considered a waiver of your right to appeal.