Charged with Drunk Driving Marquette Michigan - Ishpeming DUI Arrest 96th District Court

Understanding Bond Conditions in DUI Cases: A Focus on Marquette County's 96th District Court

​In Michigan's complex legal landscape, a critical aspect of managing a DUI charge is understanding the concept of pre and post-arraignment, and more specifically, the conditions of bond. In Michigan, a person charged with a DUI will appear before a judge or magistrate unless an attorney waives their appearance, with different courts applying varying rules.

As an attorney, I often meet new clients charged with drunk driving under two different circumstances. All clients have been arrested and processed by the police, some may have a court date set, some may not; some clients may not even be charged yet due to a delay in receiving the chemical test results (usually blood).

The two different types of clients are either pre-arraignment or post-arraignment. For clients who have not been arraigned yet, I often put our bond conditions in place in anticipation of what a judge may order. This approach can present us favorably when we appear before a judge with measures already in place. For those who have been arraigned, we discuss following those conditions, and we usually add additional proactive elements.

When a judge in Michigan sets bond in a drunk driving case, the law requires consideration of the risk of flight and the potential risk of harm to the public. In a DUI case, there is often no flight risk, but there is a risk of re-offending; this is a worst-case scenario for a judge - a person charged with a DUI, getting another DUI while on bond with the court.

A typical bond condition for a DUI case in Marquette County's 96th District Court, presided over by Honorable Chief Judge Roger W. Kangas and District Judge Karl Weber, would be alcohol testing during the case. If alcohol testing has not already been ordered, my clients typically engage in their own proactive alcohol testing to impress the key players in the case and to demonstrate sobriety. The goal is to live a normal life outside of the courthouse, while still meeting the court's requirements.

There are several methods available to test for the presence of alcohol, including preliminary breath tests (PBTs), transdermal alcohol tethers, in-home Breathalyzers, ignition interlock devices, and ethyl glucuronide (EtG) or ethyl sulfate (EtS) alcohol testing.

These tests vary in convenience and cost, and it is essential to discuss with your attorney the best course of action that allows you to maintain a regular lifestyle while adhering to the court's requirements. Alternative testing might be feasible for professional clients who prefer to avoid the inconvenience of standard court-ordered testing. The idea is to find a testing method that fits their schedule and still meets or even exceeds what a judge orders.

In the 96th District Court, the bond's condition often depends on several factors, including the defendant's criminal record, substance abuse history, mental condition, the seriousness of the offense charged, employment status, and ties to the community.

The goal is to provide reassurance to the court while demonstrating proactive responsibility on behalf of the defendant. By understanding these conditions and working closely with a knowledgeable attorney, clients can navigate the complexities of their DUI case effectively.