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

Most DUI/OWI cases begin with law enforcement observing suspicious driving behavior, such as swerving, speeding, or other traffic violations. These observations often lead to a traffic stop, where the officer may suspect impairment. For other crimes, a citizen report through 911 often initiates police action. Once notified, law enforcement begins an investigation into the alleged crime.

Police Investigation

For DUI/OWI cases, investigations are immediate and involve steps like field sobriety tests, preliminary breath tests (PBTs), and the collection of evidence such as chemical breath, blood, or urine tests. In contrast, non-DUI cases often involve lengthy investigations. Police may conduct interviews, collect physical evidence like fingerprints, or analyze digital records. The investigation could take days, weeks, or even months, depending on the complexity of the case.

Arrest or Warrant Request

In a DUI/OWI case, if the officer observes enough evidence to suspect intoxication—such as failing a field sobriety test or a high BAC result—they may arrest the driver immediately. For other crimes, officers may request an arrest warrant from the prosecutor after completing their investigation. The prosecutor reviews the evidence to determine whether probable cause exists to file charges.

Prosecutor Review, Warrant Request, and MCL 764.1a

Once law enforcement completes an investigation, the officer submits a warrant request to the prosecutor. The prosecutor then evaluates the evidence, including police reports, witness statements, and any physical or digital evidence, to determine whether criminal charges should be filed. If the evidence supports probable cause, the prosecutor prepares a formal complaint and warrant for review by a magistrate. If the evidence is insufficient, the prosecutor may request further investigation or decline to authorize charges.

Under MCL 764.1a, the process of filing a complaint and issuing a warrant is strictly regulated to ensure fairness and accountability. A complaint must be made by someone with direct knowledge of the facts, such as a police officer or another individual involved in the case. This person is required to swear to the accuracy of the complaint before a magistrate or court clerk. This is referred to as the “swear to” hearing, and is largely perfunctory.

Before issuing a warrant, the magistrate reviews the complaint and supporting evidence to determine whether probable cause exists. Probable cause means there is sufficient evidence to reasonably believe both that a crime was committed and that the accused was involved. The magistrate acts as an independent authority, ensuring that the decision to bring charges is based on evidence rather than assumptions or unfounded allegations. The complaint must also provide enough detail to inform the accused of the charges against them, satisfying constitutional due process requirements.

In theory, by adhering to the standards set forth in MCL 764.1a, Michigan law helps to ensure that criminal charges are based on credible evidence and follow a transparent legal process. This is intended to protect individuals from arbitrary accusations while enabling the state to pursue legitimate cases effectively. As with most aspects of the criminal justice system, theory and practice are rarely aligned.

Since probable cause is such a low standard of proof, the issuance of a complaint by a magistrate says little about the strengths and weaknesses of the case charged. You will want the complaint and all of the evidence supporting it to be reviewed by a expert criminal defense lawyer who can then advise you how the charged might best be defended.

Arrest and Bond Setting

If you have not already been arrested, law enforcement will execute the warrant and take the individual into custody. For DUI/OWI cases, this often happens immediately after the traffic stop. Once in custody, a magistrate sets bond. Bond can range from a personal recognizance bond (no money required) to a cash bond, depending on the severity of the offense. Conditions such as alcohol testing, travel restrictions, or no-contact orders may also be imposed.

Arraignment

The arraignment is the first formal court appearance, where the defendant is informed of the charges, maximum penalties, and their legal rights. The defendant typically enters a not guilty plea at this stage. The arraignment process usually only takes a short time in court, and will involve your lawyer telling the magistrate or judge that you “waive the formal reading” meaning the charges will not be read in open court. Your lawyer will usually say that you “stand mute” meaning you are not pleading guilty or not guilty. The court will enter a plea of not guilty on your behalf and set the case for a pretrial. In some Michigan courts in DUI cases the arraignment and pretrial will take place on the same day.

Pretrial Conference and Motions

During the pretrial conference, the defense attorney and prosecutor discuss the case, review evidence, and explore potential plea agreements. Discovery, which includes police reports, video footage, and lab results, is shared at this stage. The pretrial conference allows the defense attorney and prosecutor to discuss evidence, negotiate potential plea agreements, and address any preliminary issues before the case is set for trial. At or prior to the pretrial, Defense attorneys may file motions to:

• Suppress evidence obtained unlawfully.
• Challenge the legality of the traffic stop or arrest.
• Exclude unreliable test results.

There are many dozens of different kinds of motions that address many different kinds of issues. Filing and then resolving these motions can significantly impact the case’s direction, and in some instances can result in the case being dismissed altogether.

Trial

If the case is not resolved through a plea, it proceeds to trial. In DUI/OWI cases, the prosecution must prove beyond a reasonable doubt that:

• The defendant was operating a motor vehicle. To operate means to drive or have actual physical control of the vehicle.
• The operation took place on a place open to the general public, such as highway or any other location that is open to the public or commonly accessible by motor vehicles, including designated parking areas.
• The defendant’s BAC was above the legal limit or they were substantially impaired. See this article about OUIL/UBAL theories of DUI for more information about the different ways a DUI case can be proved.

Trials can be conducted before a judge (bench trial) or a jury. Both the prosecution and defense present evidence, question witnesses, and make closing arguments. For a guilty verdict, the jury or judge must unanimously agree. For more information about the factors to consider when deciding to plead guilty or stand trial see; Should I Take My Drunk Driving Case to Trial or Just Plead Guilty?

Sentencing and Sentencing Mitigation

If convicted or after a guilty plea, sentencing occurs. In DUI/OWI cases, penalties may include fines, probation, alcohol education programs, ignition interlock requirements, or jail time. Felony convictions often carry more severe penalties, guided by Michigan’s Sentencing Guidelines. Restitution to victims, if applicable, may also be ordered.

Sentencing mitigation at the Barone Defense Firm includes a nuanced and powerful approach to securing reduced sentences by presenting a comprehensive and compelling narrative evidence about the defendant’s life, character, and circumstances. At the Barone Defense Firm, we are nationally recognized for our expertise in this critical area of advocacy. Our sentencing mitigation team is led in part by attorney Doug Passon, who serves as of counsel to the firm. Doug is a nationally renowned documentary filmmaker and a pioneer in leveraging storytelling techniques to humanize clients and persuade courts toward leniency. This unique blend of legal acumen and creative artistry sets the Barone Defense Firm apart, ensuring that every client benefits from a deeply personalized and persuasive sentencing strategy.

Preliminary Examination for Felony Cases

In felony DUI/OWI cases, a preliminary examination is held in district court to determine if there is enough evidence (probable cause) to proceed to circuit court. This hearing involves testimony from witnesses, typically limited to police officers, and cross-examination by the defense. The defendant can also waive the right to a preliminary examination, which often happens when the case is heading toward resolution through a plea.

Circuit Court Proceedings for Felonies

Once a felony case is bound over to circuit court, the defendant is arraigned again, this time on the information rather than on the complaint, and pretrial proceedings continue. These may include motions addressing constitutional issues, such as unlawful searches or improper stops. Plea negotiations also continue at this stage.

Appeals

Defendants may appeal a conviction or sentence if legal errors occurred during the trial. Appeals can challenge evidence admissibility, procedural mistakes, or excessive sentences. For DUI/OWI cases, appeals may focus on issues like unconstitutional chemical testing or other constitutional violations during the traffic stop, as well as the more common appellate issues. It’s important to understand that jury’s verdict is final, and will only be upset if the verdict was tainted by something that occurred during the trial, which usually means the Judge made a mistake or the prosecutor committed misconduct.

Working with an Attorney

Facing a criminal charge is a serious matter, whether it’s a DUI/OWI or another offense. Each step of the process presents opportunities for legal challenges, negotiations, and defense strategies. An experienced attorney can guide you through these steps, ensuring your rights are protected and working toward the best possible outcome.

For skilled representation in DUI/OWI cases and other criminal matters, contact the Barone Defense Firm for a consultation. We are here to help you navigate the complexities of the legal system with confidence.