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Comprehensive Guide: Steps in a Michigan DUI/OWI Case and General Criminal Procedure
If you’ve been charged with a crime in Michigan, you are probably wondering what will happen to you when you go to court. Understanding the criminal process in Michigan will help lower your anxiety and this guide is designed to give you a basic reference about what to expect after your case gets started in court. Also covered are the steps that the case will go through before it ever gets to court.
Understanding is essential for anyone facing DUI/OWI charges in Michigan, or other criminal allegations. While DUI/OWI cases often involve immediate observations by law enforcement, other crimes may require extensive investigations over time, sometimes without the accused even knowing they are under investigation. Here’s a breakdown of the process, focusing on DUI/OWI cases but applicable to most criminal matters.
Crime Committed and Police Notification
License Restoration Revocation Lawyers in Michigan
Has Your Michigan Driver License Been Revoked? This article will explain the process for getting it back.
Key Points:
- Check eligibility and obtain a complete driving record.
Can You Drive After Drunk Driving Arrest Before the Court Date in Michigan?
When you’re arrested for a DUI in Michigan, the arresting officer will take your driver’s license and destroy it. This plastic license will be replaced with a temporary permit or a paper license, depending on the circumstances of your arrest. This paper license differs from your regular driver’s license as it lacks your photo but still permits unlimited driving.
The police and your attorney will refer to this paper license as a “DI-177.” The title of it is Breath Blood or Urine Report. This is a Michigan Temporary Driving Permit acts as your temporary driver’s license until you’re either convicted of the OWI or your case gets dismissed.
This paper license is only issued if you consented to a test allowing law enforcement to measure your blood alcohol concentration (BAC) during your arrest. This does not include the roadside test, only the test back at the station.
Bad Breath Can Cause Inaccurate Alcohol Breath Test
The science shows that the way you blow into an alcohol breath test instrument can significantly impact the test results. Thus, the difference between innocent and guilty can be a simple as bad breath.
Breathing patterns can significantly affect the accuracy of alcohol breath test results when using infrared breath test instruments. These instruments, including the Intoxilyzer 9000, are commonly used to estimate blood alcohol concentration (BAC) based on the alcohol content in a person’s breath.
However, several factors, including breathing patterns, can introduce inaccuracies into the readings, leading to potential misinterpretations of a person’s intoxication level
Heartburn Can Falsely Raise Breath Test Results
If you’ve been arrested for drunk driving in Michgian, you were probably given a breath test. If you have heartburn, then the test result can be wrong, and that’s a big problem. Even a small difference in your breath test reading can be the difference between being charged and being let go.
The most serious form of of heartburn is called GERD. (Gastroesophageal Reflux Disease) This kind of heartburn can cause a falsely high reading on a breath test instrument used to measure breath or blood alcohol levels in intoxicated driving cases because of the way alcohol is metabolized and processed in the body.
Michigan just introduced a new breath test instrument called the Intoxilyzer 9000, and even though this is the latest and greatest, heartburn and GERD is still a problem that can lead to falsely high breath test results. Here’s why.
What is a Preliminary Examination in Michigan?
If you are charged with a felony in one of Michigan’s State courts, then you have a right to a preliminary examination. This hearing will take place after your probable cause conference. This probable cause conference must take place within 14 days of the arraignment.
A preliminary examination hearing is a hearing that takes place in the district court. The judge presiding over the hearing decides whether there is enough evidence for the case to proceed to the circuit court.
The main purpose of this hearing is to determine if the prosecutor can establish that there is a reasonable belief the defendant committed the crime in question.
Conditions of Bond During Pretrial Release in Michigan
Michigan and Federal criminal and Constitutional law provides that when a person is arrested and charged with a crime, they have the opportunity to seek release from custody by posting bail or bond. Your bond and any conditions of your pretrial release will be considered when you are first brought to court for your arraignment.
By posting bail, you provide a monetary guarantee that you will attend all future court hearings. If you fail to appear, you risk forfeiting the bail amount.
While granting temporary release, the court must also consider public safety. The court does this by imposing conditions on your pretrial release. The conditions of bond aim to minimize potential risks to the community while you are at large rather than in jail.
Intoxilyzer 9000 – Michigan’s New Breath Test Instrument
Effective immediately, the Intoxilizer 9000 is replacing the DataMaster DMT as Michigan’s new breath test instrument. If you are arrested for DUI in Michigan, the chances are good your breath will be tested on a 9000. If you were over the legal limit, then keep in mind that a top DUI lawyer can beat breath test results in court.
However, for a short period of time, both breath alcohol test instruments will be used. Consequently, depending on the date and time of your evidential breath alcohol test, the police may have used the outdated DMT. If this is true in your case, then be sure to hire a top DUI defense lawyer to represent you. Breath test results rendered by the DMT are inherently untrustworthy. See this article if you are not sure how to find a top Michigan DUI lawyer.
This change to the 9000 is primarily due to the age of the DMTs currently in service. Also, the inability to obtain parts for this older equipment, and MSPs desire to employ newer technology. The Intoxilizer 9000 is widely used across the United States and is often relied upon by law enforcement agencies to determine whether an individual is legally intoxicated.
Criminal Discovery: What it is and How it is Used by the Defense
In the United States, the discovery process in the criminal justice system is governed by federal and state laws and rules of criminal procedure. For example, Federal Rule of Criminal Procedure 16 sets out the requirements for discovery in federal criminal cases. State criminal procedure rules may vary depending on the jurisdiction.
In general, the prosecution in a felony case is required to disclose to the defense any evidence or information that is material to the case. This includes witness statements, police reports, crime scene images, forensic reports, expert witness reports, and other documents. This is known as “disclosure” or “discovery” by the prosecution. The prosecutor must also disclose exculpatory evidence.
The criminal defense attorney is also required to disclose to the prosecution any evidence or information that they plan to use at trial. This also includes witness lists, expert reports, and other documents. This is known as “reciprocal discovery” or “reciprocal disclosure” by the defense. However, attorney work product is protected and not subject to disclosure.