What is a DUI warrant?

A DUI warrant is a court-issued document that orders law enforcement to arrest a person charged with driving under the influence of alcohol or drugs, usually for failing to appear in court or violating the terms of their release. The warrant remains in effect until the person appears in court or the warrant is withdrawn. If you have a DUI warrant, it is important to take action and resolve the matter, potentially with the help of a DUI attorney, as a DUI charge and warrant can have serious consequences such as fines and imprisonment.

How does a DUI warrant get issued?

A DUI warrant is issued by a court in cases where a person charged with Driving Under the Influence (DUI) has failed to comply with court orders or conditions set for their release, such as failing to appear in court, violating probation, or violating bond conditions. The issuance of a DUI warrant signifies that the individual is considered a flight risk or a danger to public safety and requires their immediate arrest. It is important to take immediate action to resolve the matter and clear the warrant, as it will remain in effect until the person is arrested or the warrant is withdrawn or canceled by the court.

What is the standard required for a police officer to pull someone over?

A police officer must have reasonable suspicion, a lower standard of proof than probable cause, to pull over a vehicle. Reasonable suspicion can come from traffic violations, suspicious behavior, or anonymous tips. A traffic stop must follow the Constitution and the individual's rights, including informing them of the reason for the stop and not detaining them beyond the necessary time to resolve the stop.

What happens if I refuse a breath test during a DUI investigation?

Refusing a breath test when suspected of Driving Under the Influence (DUI) can result in criminal charges and administrative penalties, such as license suspension or revocation, in most states. If an officer has probable cause to believe you are under the influence, they may obtain a warrant for a blood test, which can provide evidence of alcohol or drug use. Consequences for refusing a breath test vary by state, so it is important to consult a local attorney to understand your rights.

What will happen before a DUI warrant is issued?

Before a DUI warrant is issued, law enforcement conducts a thorough investigation of a suspected DUI during a traffic stop and looks for signs of intoxication like bloodshot eyes, slurred speech, and the odor of alcohol on the driver's breath. The driver may be arrested and forced to take a blood test to determine their blood alcohol content (BAC), and if the BAC is over the legal limit, a warrant for their arrest may be issued. The consequences of a DUI arrest can be severe and have long-lasting effects.

What should someone do if they have a DUI warrant?

A DUI warrant is a legal order for the arrest of an individual and can be executed by law enforcement at any time. Ignoring the warrant can lead to serious consequences and it is important for the individual to take immediate action by contacting a criminal defense attorney. With the help of an experienced attorney, the individual may be able to have the warrant quashed or withdrawn by appearing in court or negotiating a plea agreement.

What are the consequences of DUI?

Consequences of a DUI conviction may include jail time, fines, alcohol evaluation/treatment, community service, and probation. First-offense DUIs are usually misdemeanors and don't result in long jail sentences in many states. A DUI conviction can lead to consequences such as license suspension or revocation, increased insurance premiums, and a permanent criminal record, making it difficult to find employment or housing. Consequences become more severe for multiple DUIs, including longer jail sentences, higher fines, and vehicle impoundment/forfeiture. The consequences can vary based on the state, circumstances, and prior criminal record.

Is a DUI in Michigan a felony?

A blood alcohol content of over 0.08 results in a misdemeanor DUI charge. In Michigan, a third DUI is a felony with increased penalties. A DUI charge can be elevated to a felony in Michigan under certain circumstances such as causing serious injury or death while driving under the influence. A felony DUI conviction can result in increased penalties and jail sentences and have long-term consequences such as difficulties in finding employment, housing, or accessing government benefits. Michigan law also requires those convicted of DUI to install an ignition interlock device in their vehicle for a certain period, depending on the number of prior convictions.

Is it possible to turn oneself in for a DUI warrant?

Yes, it is possible to turn oneself in for a DUI warrant by appearing at a police station or contacting a local law enforcement agency. If someone has a DUI warrant, they should consult a criminal defense attorney. Turning oneself in voluntarily is usually viewed more favorably and can result in a more lenient treatment, but it is still important to be prepared for the consequences such as arrest, bail, or release on recognizance until a court hearing. The specific outcome will depend on the facts of the case and the decision of the judge.

How can I contact Michigan Defense Law?

If you need the help of a Michigan criminal defense lawyer, you can call us at (248) 451-2200. You can also send us an email at paul@michigandefenselaw.com. Another way to contact us is by filling up the contact form on our website at https://www.michigandefenselaw.com/contact-us/

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DUI Warrants

Michigan Criminal Defense Lawyers Handling Drunk Driving Cases

Prosecutors take drunk driving charges very seriously. While there may be interest groups who have sympathy and understanding for many different crimes there will be nobody fighting for a person accused of drunk driving in Michigan except their lawyer.

In many cases, the prosecution will work up a drunk driving case carefully to make sure that the charges stick. This is why it is critical to retain an experienced Michigan DUI attorney to defend you. Among other things, we may be able to defend you by showing that a DUI warrant for a blood sample or arrest was not properly obtained. If you are concerned about how a DUI warrant for your blood was obtained, you should discuss your situation with an experienced Michigan DUI lawyer at Michigan Defense Law.

DUI Warrants

Under the Fourth Amendment to the Constitution, you are entitled to be free from unreasonable searches and seizures. When a police officer wants to pull you over and detain you, he must have a reasonable suspicion of criminal wrongdoing. Moreover, with some exceptions, if the officer wants to search you, he needs to have probable cause.

In some cases, defendants refuse a breath test either when they are pulled over on the roadside or when they are taken to the police station after an arrest. If you refuse a breath test, the police can obtain a warrant to draw your blood by establishing probable cause to believe that you are under the influence. This means that a blood sample can be taken even though you did not consent. It is fairly straightforward for the police to obtain a search warrant to draw blood, even after hours. Blood tests may be used for both alcohol and drug-related DUI.

Implied Consent and BAC Testing

Anyone who obtains a driving license in Michigan also agrees to the state’s implied consent policy. Implied consent refers to a person’s agreement to provide a sample for BAC testing if they are suspected to be driving under the influence of drugs or alcohol. Implied consent is considered a part of a Michigan resident’s driving privileges.

BAC chemical testing uses breath and blood samples to determine a person’s blood alcohol content and see whether they’ve been drunk driving. The legal limit on alcohol consumption in Michigan is 0.08 percent. A BAC of 0.17 percent and higher can result in severe penalties. Those who are tested to be above the legal limit will most likely receive an Operating while Intoxicated (OWI) charge.

If an officer pulls you over at a traffic stop and suspects that you are driving while impaired, they will often ask you to perform a breathalyzer test. If you refuse, an officer will usually seek a warrant for you to give a sample of your blood to check for alcohol and to determine your BAC.

If you are arrested for a DUI charge, it is important to seek the legal representation of an experienced DUI lawyer right away. A skilled attorney may be able to help you create a solid defense strategy and help you protect your freedom. Attorney Paul J. Tafelski of Michigan Defense Law has years of experience defending his clients from DUI charges. Contact us today to schedule a consultation.

Leading Up to a DUI Warrant

When they pull you over for suspected DUI or another violation, the police will be on the lookout for whether you exhibit signs of intoxication or other crimes. They will note, for instance, if you have bloodshot eyes, alcohol on your breath, or slurred speech. This evidence can be used not only to arrest you for drunk driving but also to obtain a warrant for a blood test. The court is empowered to require you to give a blood sample without your consent when the police are able to show probable cause.

You should be aware that the circumstances of an accident DUI are a little different. If the police believe that you got into an accident because you were under the influence, you may be taken to the hospital by ambulance. Blood may be drawn for medical purposes. In that situation, blood can be drawn without your consent. For example, if you are in a car crash at an intersection and fall unconscious, the doctors may draw your blood as part of providing medical care. The police are entitled to access these results under a medical draw exception. If the test reveals that your blood alcohol content was over the limit or that you had drugs in your system that impaired your driving ability, the information could be used against you.

Challenging the Evidence

The police must respect your constitutional and procedural rights, both when they pull you over and afterward. In order to pull you over, they must have a reasonable suspicion of criminal wrongdoing; this is a much lower standard than probable cause, but an officer must still be able to state a reason for pulling you over, something more than a mere hunch. It may be appropriate to show that the police did not have a reasonable suspicion of criminal wrongdoing to pull you over in the first place. If the court suppresses all the evidence obtained in the unreasonable stop, this would include the evidence that provided the police with probable cause to arrest you and secure the warrant for a blood test. In addition, in seeking a search warrant for your blood the police need to follow proper procedures. For example, they will prepare an affidavit for the search warrant where the officer swears to certain factual findings related to your case that demonstrate probable cause to believe you were operating a vehicle under the influence. If the officer is untruthful or inaccurate in the sworn statement, we may be able to challenge the search warrant at a later date. If the search warrant were deemed improperly obtained the blood test results would be suppressed and the case could be won or would at least be severely damaged. Only after a thorough review of the evidence can we determine the best strategy for defending you in your OWI case. But only a complete review will often reveal the best strategy.

Retain a Seasoned Attorney for a DUI Charge in Michigan

It can be challenging to show that the police did not have probable cause to get a warrant, such that the test results should be excluded. If you are concerned about a DUI warrant in Michigan, you should discuss the circumstances and charges with our seasoned attorneys. Michigan Defense Law represents clients in Oakland, Wayne, Macomb, and Washtenaw Counties. Call us at (248) 451-2200 or complete our online form.

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