Legal Question in Criminal Law in Michigan

I was arrested for 2nd dui leaving the scene and denial of breathalizer..the prosecution didnt except the police report and my arraignment has been on hold until further notice..my question is how long can they hold me on bail?


Asked on 12/11/13, 10:54 am

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

A charge has to be issued by the prosecutor within 6 years of the crime date. But in your situation, you might have left out a detail or two. If you refused the breath test at the police station, that is not a "charge" but may have resulted in a search warrant for a blood sample that would be tested by a lab. If that happened, it can take weeks for blood-alcohol test results to come back ... but can now take up to a year for drugs-in-the-blood-sample to come back. In an OWI case, your blood-alcohol level is important evidence, as well as any controlled substances (drugs). That might be what is delaying the charges.

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Answered on 12/11/13, 11:12 am


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