Michigan OWI Legal System
Overview of the Judicial Process:
Being arrested for drunk driving (again in Michigan called "operating while intoxicated or OWI) sets in motion a legal process that will always go through various procedures or stages. Each of these stages have a particular function, and are a result of either the United State's Constitution, Michigan's Constitution, or various statutes and court rules. Each of these stages are explained here:
1. Arraignment - Your case will begin with an initial court appearance which is called an arraignment. The purpose of the arraignment is to determine what measures are necessary to both assure your appearance at future court hearings and also to "protect the community" while your case is pending. This means that in addition to any cash that you may be required to deposit with the court to assure future appearances, the court may also order conditions on your bond.
The applicable court rule reads in part as follows (not all of these conditions would be applicable to drunk driving cases).
Court Rule on Bond Conditions - subject to any condition or conditions the court determines are reasonably necessary to ensure the appearance of the defendant as required and the safety of the public, which may include requiring the defendant to
a) make reports to a court agency as are specified by the court or the agency;
b) not use alcohol or illicitly use any controlled substance;
c) participate in a substance abuse testing or monitoring program;
d) participate in a specified treatment program for any physical or mental condition, including substance abuse;
e) comply with restrictions on personal associations, place of residence, place of employment, or travel;
f) surrender driver's license or passport;
g) comply with a specified curfew;
h) continue to seek employment;
i) continue or begin an educational program;
j) remain in the custody of a responsible member of the community who agrees to monitor the defendant and report any violation of any release condition to the court;
k) not possess a firearm or other dangerous weapon;
l) not enter specified premises or areas and not assault, beat, molest or wound a named person or persons;
m) satisfy any injunctive order made a condition of release; or
n) comply with any other condition, including the requirement of money bail as described in subrule (E), reasonably necessary to ensure the defendant's appearance as required and the safety of the public.
2. Discovery - This is the term used to describe the various methods used by your attorney to learn all of the facts about your case that are known to the police and prosecutor. This will include things like the narrative report prepared by the cop that arrested you, any videotapes that may exist, and any maintenance records kept by the state about any chemical test that may have been taken during your arrest. Although this is one of the most important phases of your case, it will take place mostly "behind the scenes". In other words, discovery does not take place in court. Your attorney should advise you about all of the information he or she learns about your drunk driving case, and should also provide you with copies of everything for your own review and file. This information will also serve as the basis of your lawyer's analysis of the strengths and weaknesses of your case.
3. Pretrial - The next thing that happens in a typical Michigan OWI case is one or more pretrials. A pretrial is essentially a scheduling conference, and your attendance will usually be required. The purpose of a pretrial is to allow the prosecutor and the defense attorney to discuss what needs to be done to prepare the case for trial, or to determine if the case can be resolved without a trial. The options to consider would be to basically adjourn the pretrial to another date (as for example when discovery is not complete), to schedule a hearing on a pretrial issue (called an "evidentiary hearing"), to schedule a jury selection and trial date, or for you to plead guilty based on the plea/sentence bargain that your attorney would work out on your behalf.
4. DUI Motions - The term "motion" is used to describe the various written legal arguments that your attorney may make to either dismiss or significantly reduce your pending drunk driving charges. Generally speaking, motions are used to address statutory and constitutional violations. Any time your attorney asks the judge to make a legal finding or ruling about some aspect of your case it will be necessary for him or her to file a written motion. So for example if your attorney believes that there was an unlawful stop of your car, or that your arrest was unlawful, or that the evidence obtained (breath or blood test results) should not be admitted into evidence, then a motion will be necessary to bring these issues to the court's attention.
5. DUI Evidentiary Hearings - If the motion filed will require the court to hear testimony from one or more witnesses, then an evidentiary hearing will be scheduled. This is not a trial because the determination here is not whether the prosecutor can meet his or her burden of proof, but instead the purpose is to ask the court to make a ruling, before trial, on some aspect of the evidence, hence the term "evidentiary hearing".
6. Trial - A trial is when your either a judge or jury does make that final determination. This is discussed further in the next section.
Remember that your failure to appear for any hearing in any court may result in the forfeiture of your bond money and a warrant being issued for your arrest to secure your presence in court.
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