In part 1 of this article, we began our examination of the arraignment in Michigan DUI cases. Our purpose in this 2-part article is to look at what happens in the real world, and what a person going in for an arraignment can expect after a DUI arrest. As I noted in the first part, not all drinking and driving charges require that a person actually go to court for the arraignment, and, as a DUI lawyer, I can waive (essentially meaning cancel) it in many cases so that my client doesn’t have to show up. We learned, in part 1, that the legal purpose of the arraignment is to inform a person of the charge or charges being brought, advise him or her of their constitutional rights, explain the various bond conditions, including that there is to be no drinking or drug use while the case is pending, set a bail or bond amount, if any, and then set up a “testing” schedule that will require the person to provide breath and/or urine samples at specified intervals to make sure he or she isn’t drinking or using any drugs. In this second part, we’ll begin by looking at the standard conditions of bond that apply in every DUI (and every criminal) case in Michigan, and then we’ll move on to look at the testing requirement.
A quick history lesson may help put things in context here: Going back over 25 years, to when I was a new lawyer, there was no such thing as testing as a condition of bond because there was no such thing, at least in 1st offense DUI cases, as a “no-drinking” requirement as part of any bond. In fact, even when 1st offenders were put on probation, it was common for a Judge to only order, as a condition of probation, that a person not drink and drive. In other words, Judges didn’t order that a person not drink, just not drink and drive. Then, as social attitudes toward drunk driving evolved, it became common for Judges to order that, while on probation, a DUI offender not drink at all. Back then, compliance was checked by “random” PBT and urine tests, and those were most often administered when a person would report to his or her probation officer. It was a later idea to require that anyone arrested for a DUI and waiting for his or her case to come up be required, as a condition of release, to not drink. It didn’t take long, as the whole testing industry began to boom, to thereafter ensure compliance with an order to not drink while on bond by requiring regular testing, as well. Slowly but surely this practice has spread throughout the Detroit area and has now become standard operating procedure.
Before getting on to the testing conditions of the bond order, the Judge or Magistrate will either specifically outline the other legal conditions of bond or simply apprise a person that those conditions are on the bond form that he or she has received, or will receive, before leaving court. Unless otherwise specified on the record in open court, the standard terms and conditions of every bond order in Michigan (for every criminal case, not just DUI charges) always include that the person agree to the following: