Felony DUI Discovery Process in Michigan - Preliminary Examination - Challenge the Evidence

While the discovery process remains very similar when it comes to a misdemeanor DUI vs a felony DUI, there are a very important key considerations.  

If a felony DUI is charged based on it being a third or more offense, it will be important to track down records of the prior cases along with the sentence imposed.  If the prosecutor is using out-of-state convictions as the basis of the Michigan charge, there many be an opportunity to challenge these priors as a basis for the felony.  It’s important to understand what the prior sentences were, because it will assist in crafting a potential outcome in the present case.  

For example, if the client has prior DUI offenses, and in their prior sentences, they never received counseling, either outpatient or inpatient, it may help to make an argument that the client does not need jail, but rather should have the opportunity to receive treatment.  

If the felony DUI is charged based on causation of a serious bodily injury or death, the discovery will be a lot more expansive, and include accident reconstruction, medical records, autopsy reports etc.  

Felony cases also differ in that a preliminary examination is available to the defense to challenge the case, but sometimes more realistically to simply conduct further discovery during this process.  A well-planned cross-examination of witnesses at the preliminary examination can be fruitful is learning more about the case, but also it may lead to the discovery of additional information, which may not have been apparent before putting a witness on the stand.  A preliminary examination can be a test-drive of the prosecution’s case without the risk of being found guilty of the charge.  Typically once the examination is complete, a new judge is assigned to the case, and a new prosecutor will take over.

A felony DUI carries severe driver’s license ramifications and mandatory jail time, so the preliminary examination is a key component to both challenging and learning more about the strengths and weaknesses of the case.  This information is invaluable when it comes to leveraging plea deals from a prosecutor, sentencing agreements from a judge, and preparing for trial.