Arrested for DUI, What Now?
It is that time of year again, holiday parties have people consuming more alcohol than usual. Unfortunately, many people will consume more alcohol than intended. Over the past few weekends many were arrested for drinking and driving.
If you are facing drinking and driving charges, call the best DUI law firm around, Boria Law – Criminal Defense Attorney (734) 453-7806.
Charged with a drinking and driving offense can bring on feelings of hopelessness, depression, fear, and frustration. At Boria Law, we understand what you are going through. We are here to guide you through this challenging process, fight for your rights, and get you the absolute best result possible.
Call DUI defense lawyer, Aaron J. Boria today for a free consultation (734) 453-7806.
What will happen if I am charged with OWI?
Here is a simplified overview of the court process for a drinking and driving charge:
OWI Arraignment / OWI Bond
The court process starts with an arraignment. The arraignment is where the judge formally tells you what you have been charged with, what the maximum penalty is, and sets a bond.
In the case of an OWI, the judge would tell you that the maximum penalty is up to 93 days in jail, and a $500 fine plus costs.
Depending on your record and the jurisdiction you are in, bond conditions would likely include an order not consumer alcohol or controlled substances, and to test for the same.
OWI Pre trial
The second hearing you will attend is called a pre trial. This is where your attorney will discuss your matter with the prosecutor and may obtain a plea deal for you. A plea deal is typically a reduced charge, but in some jurisdictions can also include things like a sentencing agreement to insure that you won’t serve jail time.
If a deal cannot be made, or if there is a legal challenge to be made, your attorney may set a motion date or evidentiary hearing date.
If a deal cannot be made, if a legal challenge was not successful, or if there is a factual challenge the case will be set for trial.
If you take a plea, your next hearing will be a sentencing. At sentencing the judge has broad discretion to hand down a sentence within the rules of law.
At arraignment the judge only tells you the maximum possible penalty, 93 days in jail and a $500 fine plus costs. A sentence does not have to include jail time, it could include probation for up to two years on a misdemeanor.
Probation for an OWI would likely include random drug and alcohol testing, substance abuse education, and community service.
Michigan DUI Attorney
Michigan DUI attorney, Aaron J. Boria, has won DUI trials, obtained dismissals, and countless reductions. If you are facing a drunk driving charge call (734) 453-7806. We fight for our clients and get results.
If police illegally stopped you then your case should be dismissed.
If police did not have a legal reason to arrest you then your case should be dismissed.
If chemical testing wasn’t done properly then your case could be dismissed.
Even if all of these procedures were done properly then it is still possible to win your matter at trial or obtain reduction for you to save your license or keep you out of jail or both.