Understanding the Detroit Underage DUI Process

A Detroit underage DUI case starts when the Detroit Police Department, Wayne County Sheriff’s Office, or the Michigan State Police pulls over your child within the Detroit city limits. If the law enforcement officer suspects with good reason that your child has been drinking and then got behind the wheel, they will make an arrest. They will take your child to a police station or in some cases a medical facility to determine blood alcohol concentration (BAC) with a breath, blood, or a urine test (used mostly in cases of suspected drug use).

If these tests confirm that your child is intoxicated, the police will detain them. If your child is under the age of 17, they will be placed into a juvenile detention facility, and go through a parallel justice system designed for children. If your child is over the age of 17, they will have to spend the night in the Wayne County Jail unless you can bail them out immediately.

The next stop in the process is the arraignment, during which your child will be formally charged with Operating While Intoxicated (OWI) under the age of 21. Sometimes, if a suspect is still in detention, they will participate in the arraignment process through a video conference call from the jail to the court house. In other cases, the suspect is released on bail or on their own recognizance and given a date and time to go to the court house for the arraignment. The arraignment, and all subsequent proceedings in a Detroit misdemeanor case, will take place at the 36th District Court at 421 Madison Avenue.

Having Skilled Legal Representation Can Optimize Your Case Outcome

For the arraignment, it’s best to hire an experienced Michigan DUI attorney. Although anyone can defend themselves or ask for a public defender, cases handled by private defense lawyers tend to fare better. The arraignment is an important hearing during which your child will learn of the specific charges against them, learn of their rights, and plead guilty, not guilty, or no contest to the charges.

In general, it’s advisable to plead not guilty at this stage of the process, to give your lawyer time to investigate the case and determine possible defenses to the charges. The court will schedule a preliminary hearing for a later date during which your lawyer can submit motions to exclude evidence, and in some cases to dismiss the charges altogether. Sometimes, your lawyer can negotiate a plea agreement and submit it to the judge at this hearing, avoiding the expense and time commitment of a trial.

If your case proceeds to trial, the prosecutor bears the burden of proving beyond a reasonable doubt that your child was intoxicated while in control of a motor vehicle on a public road. Depending on the circumstances of the case and the available evidence, a skilled lawyer may be able to highlight the weaknesses of the prosecutor’s case and obtain an acquittal. However, it is rare for OWI cases to proceed to trial. Most are resolved through a plea agreement, or dismissed after a defense lawyer successfully excludes important evidence from the case.

Your Support Is Essential for Resolving Your Child’s DUI Case

Beyond the obvious need to pay for legal costs, your support as a parent is essential if you want your child to avoid the worst consequences of passing through the criminal justice system. As a parent, there is a difficult line to walk between supporting your child’s defense, and also ensuring that they take responsibility for their own actions, and are able to avoid bad decisions in the future. Even if your child is completely innocent of drunk driving, they likely made questionable decisions that resulted in them getting arrested and charged with a crime. With your support, they can grow from the experience.

At Drias Law Group, we understand the special concerns that come with defending an underage OWI case. For this reason, we advocate fiercely for young clients at every stage of the OWI process while ensuring that you, our legal team, and your child are always on the same page. We will fight hard to give your child a second chance, and work towards a case outcome that your family can live with. If your child has been charged with underage DUI, call us today at (313) 944-0236 or use our online contact form for your free consultation.

The post What to Do If Your Child Is Charged with a DUI in Detroit appeared first on Drias Law Group, PLLC.

If you are seeking legal representation from a highly skilled Detroit criminal defense lawyer, you should reach out to Drias Law Group for help with your case. Our firm offers many years of experience and can provide aggressive representation on your behalf.

Contact us today at (313) 944-0236 to schedule a free and confidential case consultation.

House Bill 4716

House Bill 4716 went into effect in March after federal prosecutors charged Livonia doctors for the female genital mutilation of young girls. The doctors performed female genital mutilation after hours at their medical clinic. A third individual was fired from an emergency room doctor position for conducting the procedure at the same clinic in Livonia.

Under this law, if a parent is convicted of knowingly performing female genital mutilation on a child or knowingly transporting or facilitating the transport of a child for that purpose, they are at risk to lose their parental rights.

State Representative Peter Lucido explains that nobody who forces their child to undergo female genital mutilation should be legally allowed to be the parent of that child. This law provides for the revocation of parental rights in the best interests of the child.

If you or your child has been injured due to someone else, you should reach out to a personal injury lawyer at Drias Law Group for help.

Senate Bill 223

Senate Bill 223 was sponsored by Senator Rick Jones, a retired sheriff in Eaton County. This law requires police agencies to keep a record of the reasons an officer is fired and share their record with any another agency interested in hiring them. The bill also mandates the fired officer to sign a waiver, which allows the release of their record and protects the agency from being sued.

This bill was introduced after an Eaton County deputy resigned due to a controversial traffic stop in 2014, and then later landed a position at a sheriff’s office in southern Michigan.

Why Hire a Criminal Defense Lawyer?

These new laws are complex and can be a challenge to understand without a criminal defense lawyer by your side. If you have been charged with a crime involving one of these new laws, it is in your best interest to speak with a criminal defense lawyer.

By doing so, you can ensure that your rights are protected and that you are not convicted of a crime you did not commit. You can also reduce your risk of facing life-changing penalties that can take a toll on your freedom, future, and finances.

Contact Drias Law Group Right Away

For more information on House Bill 4716 or Senate Bill 223, contact Martin Drias today. Attorney Davis is a former public defender who understands precisely how the other side thinks and may improve your situation through a strong defense strategy.

Contact our firm at (313) 944-0236 to receive a free consultation.

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