Post–Conviction Procedures

If you are convicted of driving with your blood alcohol concentration (BAC) over the legal limit, your case enters a sentencing phase. This involves an interview with a probation officer. The officer will ask you questions about your drinking and drug use habits, criminal history, employment background and personal background. The probation officer will then make a recommendation to the court for sentencing and any treatment. At the sentencing hearing before the court, you are allowed to address the judge. Being forthright and showing that you are sorry for what happened can help you throughout the sentencing phase of your case.

Sentencing can include payment of fines, community service, alcohol or drug counseling, and jail time. An ignition interlock device may be ordered by the court to be installed in your car as a condition of restoring your license or as a condition of your probation. You have to breathe into the device in order for your car to start. If your alcohol is over a pre–set limit, the car will not start. The device stores the results of the tests, and when you bring the device in for maintenance the results are downloaded, so your probation officer or the court will know if you have failed any tests. For a first offense, in most jurisdictions judges have discretion about whether to order the use of an ignition interlock device.

In many jurisdictions, after a certain number of years have passed after a DUI conviction, the driver may apply to expunge, or erase, the conviction from his or her record. In Michigan, unlike many states, DUI convictions are not eligible to be expunged from your record. Though DUIs in Michigan are considered misdemeanors, it will always be on your record.

It is important throughout all phases of your DUI case to have an experienced Michigan DUI defense attorney on your side. At Grabel & Associates our focus is on defending you against the prosecution’s claims and winning the case. However, we will provide experienced guidance at all stages of your DUI case. If you have been arrested and charged with driving under the influence of alcohol or drugs, email or call us today for a confidential consultation at (800) 342–7896.