The criminal justice system can seem scary and daunting, especially when you are the accused. Keep in mind, however, that according to the rules of our system, you are deemed innocent until proven guilty. With that in mind, I thought it would be helpful, and would perhaps ease some potential anxiety about the unknown, to explain the general way in which most DUI cases proceed from the period of arrest to arraignment, since it is typically during that time that people might be unable to secure the help of an experienced defense attorney.
It is important to remember, however, that your Fifth Amendment right to an attorney to be present during questioning is in addition to your right to have an attorney to represent you during trial. The right to have an attorney present during a custodial interrogation, or in other words when the police begin questioning you following an arrest, is the period of time which usually begins with the reading of the ever familiar Miranda rights, "You have the right to remain silent..."
In regards to the DUI (or OWI Operating While Intoxicated, as is it referred to in Michigan), first there will be the incident in which a person is pulled over, and a field sobriety test is administered. Next, assuming the driver does not pass the field sobriety test, an arrest will be made, and the person will be brought in.
At the police station, a breathalyzer test or blood test will be administered, if it wasn't already conducted in the field. The person will then be held until either their Blood Alcohol Content (BAC) is low enough for them to be legally released, in which case they will most likely be released on bail with further instructions regarding contact with the court, or until they can appear before a judge for their arraignment.
Continue reading "From Arrest to Arraignment: What to Expect in Your Farmington Hills Oakland County DUI Case" »