I got in a accident 13 days ago. Got taken to the hospital and they found alcohol in my system. How long are the police allowed to wait until they get ahold of me about what's going to happen? And what is the best way for me to go upon the whole situation?
2 Answers from Attorneys
They have six years from the date of the offense to formally bring charges against you. Blood results from the Michigan State Police labs have been taking an inordinate amount of time, sometimes up to a year. It will probably be at least a few or several months before the results come back. However, I would suggest you be preemptive and start looking for an experienced Michigan OWI attorney in your area or at least consult with one about your case.
Do not admit to anything. Do not say anything to the police or prosecutor and if arrested, plead not guilty at your arraignment. If they found alcohol in your system, then they are likely going to prosecute you, however, they may also be testing for drugs and that takes a lot longer. Even if they find alcohol and drugs in your system, that does not mean that you are automatically guilty. The police and prosecutor must follow the rules properly. I am currently handling a case where the police really messed up on technical things that others may not have noticed. That case is likely to be dismissed. I also got a not guilty verdict at a drunk driving jury trial two weeks ago because the prosecutor could not prove the case, even though the blood test showed my client had a BAC of .14%. It is very important that you contact an attorney who regularly practices drunk driving cases.
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Grand Rapids, MI 49504
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