OWI in Michigan and the process
Drinking and driving is a term that encompasses a series of crimes that involve operating a motor vehicle while under the influence of alcohol. OWI in Michigan (Operating while Intoxicated) is probably the most common drinking and driving offense.
OWI in Michigan procedurally
Obviously an OWI in Michigan starts with an arrest. Either you were stopped while driving or some circumstantial evidence led a police officer to believe that you had been operating a motor vehicle and had been drinking. The latter occurs more often after an accident or after a witness phones the police of suspicion of a drunk driver.
Once an officer arrests you for OWI in Michigan he will take you back to the station for a breath test. The test determines how much alcohol you have in your blood. Having .08 grams of alcohol per 100 milliliters of blood can result in a charge of OWI in Michigan.
Most of the time you will be required to spend the night in a holding cell until you “sober up”. At this point the police may allow you to post a bond and leave.
OWI in Michigan courts
The first court appearance for an OWI in Michigan is an arraignment. Many times an attorney can waive this hearing. At this hearing the judge will formally tell you what you have been charged with and will address bond, which may include bond conditions such as drug or alcohol testing.
The next court hearing for an OWI is a pretrial. At this hearing your attorney will have an opportunity to speak with the prosecuting attorney and obtain evidence against you.
This evidence can be used to plan for motions or evidentiary hearings in an effort to have the case dismissed, usually for improper arrests, poor police work, and improper testing procedures.
The final hearing for drinking and driving is a trial by judge or jury if you cannot reach a resolution prior.
Please keep in mind that this is an incredibly simple and shortened explanation of OWI in Michigan arrest and court procedures. When hiring an attorney make sure to hire an experienced criminal defense attorney.
Call OWI in Michigan defense attorney Aaron J. Boria for a free consultation. 248-956-0350