Seeing flashing lights in your rearview mirror can turn an ordinary night into a moment you will never forget.
If you have been arrested for a first-offense OWI in Michigan, you might have a lot of questions:
What happens now? Will I lose my license? Do I have to go to jail? What will happen in court?
That uncertainty can be one of the hardest parts. While every case is different, you need to know what to expect from arrest to court. Here is what can happen with a first-offense OWI in Michigan.
What Happens During an Arrest?
With a first-offense OWI case, many will start with a traffic stop. A police officer may stop a driver if they believe there are signs of impaired driving, such as:
- Weaving
- Speeding
- Failing to follow traffic laws
- Other types of concerning behavior
During the stop, the officer may ask questions, perform field sobriety tests, or request a chemical test to determine whether alcohol or drugs are affecting your ability to drive.
If the officer believes there is probable cause, you may be arrested for operating while intoxicated.
Remember that an arrest is the beginning of the legal process, not the final outcome.
What Happens After You Are Arrested?
After an OWI arrest, several things can happen before you ever see a courtroom.
In most cases, you are taken to a police station or booking facility. This is when you may be subjected to chemical testing. Those results may become an important part of the prosecutor’s case. And a refusal can affect your driving privileges.
After that, you could also receive information about your driver’s license, including a suspension. With a conviction, you could face a 30-day suspension followed by 150 days of restricted driving.
Michigan laws are strict about impaired driving. For those with license issues, the case moves on a separate timeline from the criminal case.
This is one reason it is important to pay attention to every notice you receive after an arrest. Plus, you should reach out to an experienced OWI lawyer to take the next steps.
The First Court Appearance
Your first court appearance is called an arraignment. During the hearing, the court will:
- Inform you of the charges against you
- Explain your rights
- Address bond conditions
- Schedule future court dates
This hearing is not a trial, but it is the beginning of the court process.
What Happens Next?
After arraignment, your case may move through several stages, including:
Pretrial Proceedings
During the pretrial stage, your lawyer and the prosecutor may discuss the case. They will also review evidence and decide whether the matter can be resolved through an agreement. Your attorney may examine:
- The reason for the traffic stop
- How field sobriety testing was conducted
- Whether chemical testing was handled properly
- Whether your rights were protected
The details of the arrest matter. Two OWI cases may look similar on paper but have very different legal issues.
Plea Negotiations or Trial
Some first-offense OWI cases reach a plea agreement. However, there are others that may proceed toward trial if there are questions about the evidence or the charges. In these cases, you may have a trial where a judge or jury decides the case. If you are found not guilty, you are free to go. But with a conviction, there could be serious consequences associated with your case.
What happens at this time depends on the circumstances of your case, your goals, and the available legal options.
What Are the Possible Consequences?
A first OWI does not mean the harshest penalties. For a standard first-offense OWI, possible penalties can include up to 93 days in jail, fines, community service, points on your driving record, and driver’s license sanctions.
On the other hand, a high-BAC offense or other aggravating facts can lead to different or more serious penalties.
Taking the Next Steps After a First OWI
A first-offense OWI in Michigan can feel like the end of the world in the days immediately following an arrest. No matter what, you want to take the situation seriously, learn about your rights, and know more about the legal process. All that can make a difference in the outcome of the case.
If you are facing a first-offense OWI in Michigan, the Law Office of James Fillmore is here to help you understand what happens next. Reach out today to discuss your case and learn about your options.
