Not Being Immediately Charged

One common occurrence happens routinely in Oakland County drinking and driving cases, which is that the client is not immediately charged with operating while intoxicated.  Instead what happens is that they are simply let out of the police department the next morning with no paperwork, nor instruction, for what to do.  There are numerous reasons why this takes place, but it generally happens when somebody is given a blood draw, or if the charges are more serious, such as a drunk driving felony or high bac.

Do not panic!  That is the first thing we always say to our clients when this happens.  Instead, what we do is contact the court and the police agency and let them know we are handling the case.  Then we contact the court frequently until a court date has been set.  When this happens, we take the client into the court to be arraigned, which is a short and easy process.  

One thing not to do is to wait to hire a lawyer until the charge comes back.  We have seen charges take over a year in Oakland County to be charged in operating while intoxicated cases.  The problem with waiting is that some of the best evidence, generally the police videos, are usually destroyed.   If we didn't get the opportunity to file a FOIA request prior to their destruction, then you as the client do not have a good argument to get the case thrown out and instead you are out of luck.