In Michigan, driving while under the influence of any drugs or alcohol is a serious offence that will likely get you arrested on the spot. To be arrested for Operating While Intoxicated (OWI) a person must be:
- Any ordinary citizen with a Blood Alcohol Content (BAC) percentage of 0.08% or higher,
- Any commercial driver with a BAC percentage of 0.04% or higher,
- Any person who is intoxicated by any prescribed or illicit drugs, or
- Any person under the age of 21 with any alcohol whatsoever found in their system.
However, it’s important to note that not all drunk driving incidents are sentenced the same way. The actual condition you’re in, your number of previous convictions, and your age can all be determining factors in the severity of your punishment. In fact, in Michigan a person can be charged with being “super drunk,” which means having a BAC of 0.17% or higher, and face much harsher punishments than a standard offense – which is why having great criminal defense attorneys to back you up, like ours at Fraiberg & Pernie, PLLC, is so crucial.
Nonetheless, regardless of the severity of your offense, the events that follow an arrest are typically the same. After you’re arrested for drunk driving, you will:
Attend Your Arraignment
Your arraignment is when you go before a judge and enter your official plea after they explain your charges to you. This is the moment having criminal defense attorneys comes in handy. You attorney can try to reduce your charges and/or influence your bail. Once the judge set your bail and/or sets any requirements for drug and/or alcohol evaluations, your arraignment is over.
Suffer a Suspended License
After an arrest it is likely to see your drivers license be automatically suspended. For first time OWI offenders, this period may as short as only 30 days, after which you can try to get a restricted license.
Attend A Pretrial Hearing
At your pretrial hearing, your criminal defense attorneys will have the opportunity to negotiate a plea bargain on your behalf, or seek to have your charges dismissed entirely depending on the unique factors of your situation. If your case cannot be resolved for some reason, you will need to attend a subsequent pretrial hearing. If after the second pretrial hearing your case still cannot be resolved, it will move onto an official trial.
Submit To Presentencing Investigations
After your case has been resolved either through negotiations or a trial, the court will begin presentencing investigations. Presentencing Investigations are a procedure governed by Rule 32 of the U.S. Rules of Criminal Procedure, conducted by a trained probation officer, designed to help a sentencing judge evaluate your crimes. Having a criminal defense attorney help you ensure the accuracy of your report can go a long way in helping you avoid suffering the harshest possible punishments.
For more information about the specific penalties of various drunk driving offenses, or for other insight into what to expect during/after a drunk driving arrest, we encourage you to get in touch with our remarkably informative criminal and drunk driving defense attorneys at Fraiberg & Pernie, PLLC today.