After being arrested for a DUI in Ann Arbor, you will be taken down to the police station for blood alcohol content (BAC) testing. Such testing is usually a breath. Or, you will be taken to a local hospital for a blood test. If your BAC is above the 0.08% legal limit, you will be charged with either a misdemeanor DUI. If you are charged with a misdemeanor, you may be released on your own recognizance until the arraignment.If you are arrested for a third felony DUI, you may be required to stay in jail until the arraignment.
You will be informed of any charge(s) asserted against you at the arraignment. The magistrate or judge will advise you of the statutory penalty for the particular charge. You will be provided the opportunity to enter a plea of guilty, not guilty, or no contest. The magistrate or judge will state whether or not you can be released on bail and set the amount. If you are released on bail, the judge may impose additional bond conditions such as alcohol testing while the case is pending.
At the arraignment you can decide to represent yourself, ask for a public defender or retain private counsel. Whenever possible, it is best to contact an attorney prior to your arraignment to make sure your best interest is protected. Contact my law office to learn more about my legal services.
The pretrial conference is held to discuss plea options. If you are charged with a misdemeanor, the pretrial conference will occur following the arraignment. A felony plea bargain will occur during a probable cause conference. Plea bargaining allows you to plead guilty to a lesser offense or agree on a sentence.
Preliminary Examination Hearing (Felony DUI)
The defendant has a right to a preliminary examination hearing 14 days following the arraignment. However, some defendants waive this right. The preliminary examination is scheduled after the probable cause conference. The prosecutor will be required to prove that there is probable cause to believe you committed a felony DUI. The prosecution will have the opportunity to call witnesses to testify regarding the matter. Your attorney will be afforded the opportunity to cross-examine the witness. If the judge finds that there is sufficient probable cause to believe that you committed a felony DUI, the case will go to a pretrial hearing in circuit court. If the charge is reduced to a misdemeanor and you plead guilty at the probable cause or preliminary examination stage, your case will be referred to district court for sentencing.
If you have rejected a plea bargain you will go to trial where the prosecution must prove beyond a reasonable doubt that you operated your motor vehicle under the influence of alcohol and committed a felony. You have a right to a trial by judge or jury.
If you plead or are found guilty, the judge will impose a sentence. The penalties may consist of court fees and fines, probation, community service, treatment and driver license sanctions by the Secretary of State.
Contact my law office to discuss your case in confidence. I can provide you with legal guidance and counseling on how to best proceed.