After a DUI in Michigan, the legal process typically begins with an arrest followed by an arraignment, where you’re formally charged and informed of the penalties you may face. These penalties can range from fines, license suspension, and possible jail time depending on whether it’s your first, second, or third offense. You will also have the option to plead guilty, not guilty, or no contest. After the arraignment and pre-trial motions, the case goes to trial. The court will determine your guilt, and sentencing will follow.
If you’ve been charged with a DUI (Driving Under the Influence) in Michigan, it’s natural to feel overwhelmed. Getting a grasp on the legal process, potential penalties, and what options are available can significantly reduce the anxiety surrounding DUI charges. Michigan has strict DUI laws and knowing what to expect can help you prepare for what’s next.
While it’s crucial to consult with a Michigan drunk driving lawyer about specifics, you can learn about the critical steps.
DUI and Drunk Driving Legal Process
After being arrested for violating Michigan OWI laws, the legal process can be daunting. Typically, the first step is being taken into custody and processed, which includes fingerprinting, photographing, and obtaining your personal information. Afterward, you will be released on bond or kept in custody depending on the severity of the offense or prior convictions.
Your first court appearance, known as an arraignment, will be scheduled shortly after the arrest. During the arraignment, you will be formally charged, and the court will inform you of your rights and the possible penalties you are facing. Michigan courts take DUI cases seriously, and having a lawyer present during this process is critical to protecting your rights.
In Michigan, the timeline of a DUI case varies. Some cases may proceed swiftly, while others may drag out depending on the complexity of the case, whether you plan to challenge the charges, and the court’s schedule.
Dismissal of DUI Charges in MI
While facing a DUI charge is serious, it’s possible in some cases for the charges to be dismissed. In Michigan, DUI charges can be challenged for various reasons, such as errors made during your arrest or issues with the evidence collected.
One way to seek dismissal is by examining the legitimacy of the traffic stop. In Michigan, police officers need to have a valid reason (probable cause) to stop your vehicle. If it can be demonstrated that the stop was unlawful, the charges may be thrown out.
Additionally, issues with how the breathalyzer test or blood tests were administered could result in a dismissal. Improper calibration or mishandling of evidence can lead to inaccuracies, which could work in your favor. It’s essential to have a Michigan DUI lawyer review your case for these kinds of errors.
Police Errors That Can Result in Dismissed DUI Charges
Police errors can play a significant role in getting DUI charges dismissed in Michigan. These mistakes often arise during the initial stop, field sobriety tests, or chemical testing. Some common errors include:
- Improper Traffic Stop: Michigan law requires that an officer has a justifiable reason to stop your vehicle. If they stopped you without probable cause, it could be grounds for a dismissal.
- Field Sobriety Test Errors: Field sobriety tests must be conducted according to established protocols. If the officer fails to follow these guidelines or administers the tests incorrectly, the results may be deemed invalid.
- Breathalyzer Calibration Issues: The breathalyzer device must be properly maintained and calibrated. If the machine isn’t functioning correctly or the officer administering the test isn’t certified, the results may not hold up in court.
What can a DUI be reduced to in Michigan?
In Michigan, it’s possible for DUI charges to be reduced under certain circumstances. DUI charges may be lessened to lesser offenses, such as “reckless driving involving alcohol” or “impaired driving”. Reducing a DUI charge can minimize the penalties, including fines, jail time, and the length of a license suspension.
A plea bargain may result in a reduction of the charge. However, this is not guaranteed and depends on the details of the case, your prior criminal history, aggravating circumstances, and the willingness of the prosecutor to negotiate. Having a strong legal defense in Michigan is crucial to pursue this outcome.
If you have no prior DUI offenses and can show that there were flaws in the evidence, there’s a better chance of having your charges reduced.
Michigan DUI Penalties
DUI penalties in Michigan become harsher with each offense. Here’s a breakdown of what you can expect depending on whether it’s your first, second, or third DUI offense:
- First Offense: A first DUI conviction in Michigan can result in up to 93 days in jail, a fine between $100 and $500, and up to 360 hours of community service. Your driver’s license may also be suspended for up to six months.
- Second Offense: A second DUI within seven years carries up to one year in jail, a fine between $200 and $1,000, and up to 90 days of community service. Additionally, you may face a one-year driver’s license revocation.
- Third Offense: A third DUI offense is a felony in Michigan. Punishment for a conviction could mean up to five years in prison, a fine between $500 and $5,000, and license revocation for at least five years.
Penalties can be severe, and Michigan courts take repeat offenders especially seriously. Seeking legal help early in the process can help mitigate these harsh consequences.
Do Dropped DUI Charges Show Up on Criminal Background Checks?
Even if DUI charges are dropped in Michigan, they may still appear on your criminal record, particularly if they were dismissed after charges were initially filed. It is important to understand that a dismissed DUI does not automatically disappear from your record.
Employers, landlords, and others conducting background checks in Michigan could still see the arrest record. To clear your name, you may need to file for expungement, which is a legal process to remove the DUI from your criminal history.
Working with a Michigan DUI lawyer can help you with the expungement process and improve your chances of removing the record from public view.
Can I Get a DUI Conviction Expunged in Michigan?
In Michigan, DUI convictions were not eligible for expungement until recent changes in the law. As of 2021, Michigan law now allows for first-time DUI offenses to be expunged under specific conditions. This change opens up opportunities for individuals to have their records cleared and move forward with a clean slate.
To qualify for DUI expungement, you must have completed your sentence and not committed any additional offenses. There is also a waiting period of five years after your conviction before applying. It’s essential to consult with a Michigan DUI lawyer to determine if you’re eligible for expungement and how the process works.
Get Legal Help with a DUI Charge in Michigan
Being charged with a DUI in Michigan comes with serious legal consequences, but knowing what to expect and understanding your options can help you manage the situation. Whether you’re seeking to challenge the charges, reduce penalties, or clear your record, Michigan DUI lawyers can provide the expertise and guidance you need.
If you were charged with a DUI in Michigan, the legal process can be complex. The experienced attorneys at D.G. Moore are ready to fight for the best possible outcome in your case. We provide personalized legal strategies to protect your future, so please contact us today. You can set up a free consultation by going online or calling 269-808-8007.
Related Content: What Happens When You Get a DUI for the First-Time in Michigan?
