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What Happens After a Release from Michigan DUI Custody?
If you were released from custody with a temporary bond, this means that you will typically have to return for your initial arraignment which we will explain in detail in the next section of the timeline. However, you need to know some important things about this time between your release and the first court appearance. First, you cannot for any reason consume alcohol in this time period. If you are an alcoholic and cannot stop your drinking, consider this your rock bottom and you need to seek out an AA group, get a sponsor and start working the 12 steps immediately. Why? Because thinking that you can get through this process while still drinking is foolish at best and can cost you real time in jail at worst.
Be Aware of All Bond Restrictions
Second, you need to consider that many bonds will have restrictions on your travel out of the state and can cause problems for you if you violate these conditions. Most bond conditions ordered by district court judges will include no alcohol, no bars and taverns and no violations of criminal law. Most judges will describe restaurants where it their primary purpose to serve alcohol are places prohibited. Do not try and judge this for yourself and stay away from bars and any restaurants that serve alcohol. A common exception to this rule will be if you are employed at one of these establishments and many times the court will allow for this as long as you are not there after hours. However, this is yet another examply of why it is important to have counsel with you at every proceeding.
Immediate Documentation Will Help Your DUI Case
Third, this is an important time to start documenting your past drinking and seeking out either the appropriate help or a substance abuse evaluation that can show the court that you DO NOT have an alcohol problem. An lastly, you need to have a clear head during this time period to look at your finances, get appropriate credit in line to hire an attorney, or seek out family in your time of need. This is not a time for self-pity, self-loathing, depression, and continued destructive behavior. All of these are further triggers for your use of alcohol and will not make the problem go away, it will simply mask the embarrassment and pain that you are currently feeling. During this crucial time period, you also need to be making detailed notes of what you can remember from the night of your arrest that we mentioned above. What were the conditions that night? Was it raining, was it icy, was the surface uneven where you were doing your Field Sobriety Tests? Were you wearing high heels? How much exactly did you have to drink that night? Who would have seen you drinking? Where were you drinking? Does that establishment have video cameras? How much did you have to eat that night? Are you taking any medications? We have developed a comprehensive checklist for you so you can simply go down the list and be well prepared to speak to an attorney about your case.
Do Not Procrastinate and Take Action Immediately
The important thing to remember is that you cannot procrastinate during this time period. Too many times we have seen embarrassed and stressed out individuals give up a lot of their rights and make bad decisions by not facing this life changing event head on. We will now talk about a hearing that most attorneys overlook but that we feel is one of the cornerstones of your entire case…the arraignment.
Time Limit Warning: Refusal to Take the Datamaster or Blood Test
If you refused to take the Datamaster test after having been read your Chemical Test Rights, you have limited time to take action to appeal this determination. The reason why this is so important is that your license can be suspended for ONE YEAR if you fail to meet this deadline. Therefore it is imperative to determine whether or not you submitted to these tests. Many times clients will not remember and simply fail to advise the attorney of this until it is too late. The appeal hearing before the Administrative Hearings Section of the Secretary of State can and has offered some benefit for discovery. I have also seen some officers be out of road patrol and fail to appear which results in a dismissal of the license suspension.