Arrested for DUI After a Holiday Party? Essential Steps to Take Within the First 72 Hours

Understanding a DUI (OWI) Charge in Michigan

Before diving into what to do, it’s important to understand what exactly you’re facing. In Michigan, drunk driving offenses are categorized under Operating While Intoxicated (OWI) laws found in MCL 257.625. This statute covers several offenses depending on the circumstances of your arrest:

• Operating While Intoxicated (OWI): Driving with a blood alcohol concentration (BAC) of 0.08% or greater, or while visibly impaired by alcohol or controlled substances.
• Operating While Visibly Impaired (OWVI): Driving while your ability to operate a vehicle is visibly impaired due to alcohol or drugs, even if your BAC is below 0.08%.
• High BAC (“Super Drunk”): Operating a vehicle with a BAC of 0.17% or higher. This comes with enhanced penalties like longer license suspensions and mandatory alcohol treatment programs.
• Under 21 OWI (“Zero Tolerance”): For drivers under 21, a BAC as low as 0.02% can lead to charges under Michigan’s zero-tolerance law.

Even if it’s your first offense, an OWI is a criminal charge with serious consequences. Penalties can include jail time, fines, community service, license suspension, and a criminal record that can affect your job and personal reputation.

Step 1: Stay Calm and Take Note of Everything

The first few hours after a DUI arrest are stressful, but staying calm and paying attention to details can help your attorney craft a strong defense later. As soon as you can, write down everything you remember about the events leading up to your arrest, including:

• Where you were before and after the party.
• What and how much you drank, and when.
• Any food or medication you consumed that day.
• Details about the traffic stop or accident—where it happened, what time, what was said by the officer, and whether any tests were given.

These details can become critical later when your attorney reviews whether the police had reasonable suspicion to stop you or probable cause to arrest you.

Step 2: Understand the Booking and Release Process

Following your arrest, Michigan police will take you to a local station for booking. You’ll be fingerprinted, photographed, and processed. If your BAC exceeds 0.08%, you may be held for several hours until you’re sober enough to be released. For serious accidents or repeat offenses, you might be held longer until your arraignment.

Once released, you’ll often be given a citation or court date. In some cases, you may be required to post bond or agree to certain conditions before you can go home. It’s also common to receive notice of an implied consent violation if you refused a breath or blood test after arrest. This triggers additional licensing consequences through the Michigan Secretary of State.

Step 3: Contact a Michigan DUI Defense Attorney Within 24 Hours

This step is critical. Michigan DUI law is complex, and every case is different. A knowledgeable local defense attorney can immediately start protecting your rights, examine the circumstances of your arrest, and guide you through upcoming deadlines.

If you’ve been arrested for OWI or any drunk driving offense in Michigan, contact criminal defense lawyer Aaron J. Boria today at (734) 453-7806. You can also visit our website at Michigan criminal defense lawyer for more information or to request a free consultation.

Your lawyer can take immediate action, including requesting discovery from the prosecutor, preserving evidence such as dashcam or bodycam footage, and verifying the accuracy of breathalyzer calibration and testing procedures. Acting quickly can sometimes mean the difference between a conviction and a dismissal.

Step 4: Address the Implied Consent Violation (If You Refused a Test)

In Michigan, under MCL 257.625c, all licensed drivers consent to chemical testing (blood, breath, or urine) if lawfully arrested for OWI. Refusing a test after arrest is known as an implied consent refusal and carries its own penalties—most notably, a mandatory one-year license suspension for a first refusal.

If you receive an implied consent violation, you have only 14 days from the date of arrest to request a hearing with the Secretary of State’s Driver Assessment and Appeal Division (DAAD). Missing that deadline means an automatic license suspension with no restricted driving privileges unless granted later by a circuit court.

A skilled attorney can file this hearing request on your behalf and may challenge whether the officer had reasonable grounds for the arrest or if you were properly advised of your rights. Successfully winning that appeal could save your driving privileges.

Step 5: Prepare for Your Arraignment

For most DUI arrests in southeast Michigan, your case will be heard in a district court local to where the arrest occurred. For example, if you were arrested in Plymouth, your case would go to the 35th District Court (660 Plymouth Rd, Plymouth, MI 48170).

Your arraignment is your first court appearance. During this hearing:

• The judge reads the formal DUI or OWI charges against you.
• You’re informed of your rights and potential penalties.
• Bail or bond conditions are set—these may include alcohol testing, no-drinking orders, or a tether device.
• You’ll typically be asked to enter a plea of guilty or not guilty.

In some cases, especially with representation, your attorney may be able to waive the arraignment. This can prevent you from having to appear personally and allows your attorney to start working on your defense immediately.

Step 6: Gather Evidence and Build a Defense

Once retained, your attorney will start digging into the details of your case to identify potential defenses. Some of the most common legal issues reviewed in Michigan OWI cases include:

• Was the traffic stop legal? Police must have reasonable suspicion to stop your vehicle. If they didn’t, the stop and everything that followed can be challenged and suppressed.
• Were field sobriety tests conducted properly? Officers must follow standardized testing procedures. Errors or medical conditions may invalidate the results.
• Were breath or blood tests accurate? Faulty calibration, contamination, or mishandling can lead to false BAC readings. Experienced defense attorneys often cross-examine technicians or request logs to reveal maintenance issues.
• Were your rights violated? If you were denied access to counsel, not read your chemical test rights, or interrogated after requesting an attorney, evidence may be excluded.

Each defense strategy depends on the facts unique to your situation. The first 72 hours are crucial for collecting memories, photos, receipts, or witness statements that can strengthen your side of the story.

Step 7: Understand License Suspension and Restricted License Options

The Michigan Secretary of State handles driver’s license sanctions separately from criminal court proceedings. Even a first-time OWI conviction leads to some form of suspension or restriction:

• First OWI Conviction: 30-day license suspension followed by 150 days of restricted driving.
• OWVI (Impaired Driving): 90-day restricted license, no full suspension.
• High BAC (“Super Drunk”): 45-day suspension with 320 days of restricted license after installing an ignition interlock device.

If your license is suspended and you need it restored, your attorney may guide you through the driver’s license appeal process. This involves demonstrating sobriety, responsibility, and compliance with court orders.

Step 8: Begin the Court Process and Explore Resolution Options

After arraignment, your case moves into the pretrial phase. During pretrial conferences, your attorney and the prosecutor review discovery, file motions, and discuss potential resolutions. In many Michigan DUI cases, plea negotiations can lead to reduced charges—like lowering an OWI to an OWVI—or agreements that avoid jail time.

If your case proceeds to trial, the prosecution must prove beyond a reasonable doubt that you operated a vehicle while intoxicated. Your attorney’s role is to cast doubt on that claim, question evidence, and protect your rights throughout the process.

Every Michigan district court judge handles DUI cases differently. For example, some judges may emphasize alcohol education and community service, while others place strict supervision conditions. Knowing this allows your lawyer to tailor your strategy accordingly.

Step 9: Address the Personal Impact and Plan Ahead

Being charged with a DUI is not just a legal issue—it affects your daily life, career, and emotional well-being. Within 72 hours, take time to inform your employer (if required), arrange transportation if your license is temporarily suspended, and begin any recommended alcohol assessment or counseling programs.

Proactively addressing these issues shows the court that you take the matter seriously, which can make a positive difference during sentencing or plea discussions.

Why Holiday DUIs Are So Common in Michigan

Michigan law enforcement often sees an increase in drunk driving arrests during the holidays—from Thanksgiving through New Year’s. Holiday parties create situations where people underestimate their level of intoxication or feel pressured to drive short distances after drinking. Cold weather can also mask signs of intoxication, leading drivers to misjudge how impaired they are.

Unfortunately, that “short drive home” can result in serious legal and personal consequences. The Michigan courts do not show leniency simply because it was the holidays. Treat your case seriously and act immediately to protect your future.

Step 10: Get the Right Legal Help Immediately

If you've been arrested for DUI after a holiday party—or at any time of year—your next steps matter. Delaying can cost you your license, your job, and even your freedom. Local knowledge of Michigan courts, judges, and prosecutors can make all the difference in how your case unfolds.

Attorney Aaron J. Boria has extensive experience defending drunk driving cases across southeast Michigan. Whether your arrest occurred in Plymouth, Livonia, Canton, or Northville, our office can help you understand your options, fight your charges, and protect your record.

Call (734) 453-7806 today for a free consultation. We’ll review your case, advise you of your rights, and create a plan for moving forward. Remember, time is not on your side—the first few days are the most critical in achieving a positive outcome.