Johnson & Johnson:
The Process
Drunk Driving symptoms leading to a traffic stop, based upon research conducted by the National Highway Traffic Administration:
- Turning with a wide radius
- Straddling center of lane marker
- "Appearing to be drunk"
- Almost striking object or vehicle
- Weaving
- Driving on other than designated highway
- Swerving
- Speed more than 10 mph below limit
- Stopping without cause in traffic lane
- Following too closely
- Drifting
- Tires on center or lane marker
- Braking erratically
- Driving into opposing or crossing traffic
- Signaling inconsistent with driving actions
- Slow response to traffic signals
- Stopping inappropriately (other than in lane)
- Turning abruptly or illegally
- Accelerating or decelerating rapidly
- Headlights off
In addition, being the only car on the road late at night often leads to being stopped. Oddly enough, speeding is not generaly seen as a symptom of DUI, because of the quicker judgmentand reflexes required.
When a driver is first stopped, the officer will probably request Field Sobriety Tests. These tests are difficult to anyone to pass, drinking or not, and there is no penalty whatever for not submitting to them, unless you are a commercial driver. And you are not required to answer potentially incriminating questions.
If the officer believes that you are drunk or impaired, you will be told that you are under arrest for driving under the influence. You will be hand cuffed, searched for weapons, placed in the back of the officer's car and taken to a jail for further tests and required to stay there for 4 to 24 hours defendant on the blood alcohol level.. At the jail you will also be booked and held there until you post bail or until a judge releases you on your own recognizance without bail.
Then, you will be arraigned to determine bond in an Interim Bond Hearing. This may be in the presence of a judge, or via closed circuit television. The arrestee should stand mute or plead not guilty. The court will then set an arraignment date, usually within 7 days of arrest
After being booked and processed, and likely a breath alcohol testing device, the driver will be incarcerated until at least the following day, when the driver will be released or arraigned.
Arraignment
Arraignment can be held in person or via a video conference before a judge or magistrate. At arraignment, the defendant can plead guilty, not guilty, no contest, or stand mute on the charges. The criminal charges and the maximum penalties are read to the defendant along with an advice of rights, and a Bond is set. Defense counsel is permitted but not required at the arraignment. You should never plead guilty or admit to a crime without consulting with an attorney. The decision will follow you the rest of your life.
It has been our experience that most Michigan drunk driving cases take about four to six months to fully resolve, and most cases are resolved by a plea bargain agreement. If you hire a lawyer who only follows you in to court and stands next to you as you plead guilty, then your case might only take four to six weeks to resolve.
It is best to retain an attorney well before your first scheduled Court appearance. Evidence has a way of becoming scarce and stale. The more carefully your lawyer is able to scrutinize the evidence of your specific case, the more tools he will have for your defense. And you not will feel as much at the mercy of uncontrolled forces.
In Michigan you have a right to have the case completed within 180 days. This 180 day rule typically only applies if you are in jail while waiting for your case to be heard. The "77-day" rule basically requires that your DUI / OWI arraignment take place within 14 days of your arrest, that there be a pretrial within 35 days, and full resolution within 77 days. But this is not always followed.
You will not go to trial on your first court appearance. But if you fail to appear for any hearing in any court, it will probably result in the forfeiture of your bond money and a warrant being issued for your arrest to secure your presence in court.
Preliminary Examination: (felony only): A defendant charged with a felony has the right to a preliminary examination on the charges within 14 days of being arraigned. At the preliminary examination, the prosecutor must show probable cause to believe that a felony was committed, and probable cause to believe that defendant committed that felony. To do so he calls witnesses to testify under oath as to the factual basis of the charges. The witnesses can be cross-examined by the defense counsel.
Pre-trial Conferences: A pre-trial is a court date when the prosecuting attorney and defense counsel can discuss disputed issues and engage in plea negotiations. A major purpose of the pre-trial is to avoid a full, and expensive, trial. The defendant is required to be present at all pre-trial conferences.
Motions/Evidentiary Hearing: A variety of motions may be filed prior to trial, to take some action based upon the statutory law, case law, rules of evidence or other authority. An evidentiary hearing permits defense counsel to question witnesses regarding the validity, authenticity and accuracy of evidence that will be relied upon at trial by the prosecuting attorney.
Trial: During the trial, the prosecutor must prove each element of the offense beyond a reasonable doubt. The defense attorney may or may not call witnesses. Following the close of defense proofs, each attorney is permitted a brief period of time to present its closing. The closing summarizes the proofs and arguments of each party.
Administrative Hearings: These occur when a defendant has allegedly refused to consent to a chemical test, when there has been a fatal crash as part of a drunk driving offense, and when the motorist has been convicted of multiple drunk driving offenses.
If you are found guilty after trial, or after a plea of guilty has been accepted by the court, a record of your conviction will be made and forwarded to the Michigan Secretary of State. this is a permanent record. This conviction can be used against you should you ever be charged or suspected of criminal activity in the future, and can of course be used to "enhance" future drunk driving offenses to more serious crimes.
Standard special conditions of Drunk Driving probation include:
- Suspension of your drivers license
- Routine testing for possible alcohol or drug problems
- Completion of at least one type of alcohol education class
- Community Service or Volunteer work