How long does the state have to prove there case in a OUI case.

Asked 12 months ago - Taylor, MI

I was arrested for driving under the influence of prescription medicine my blood was taken. I call the court every two weeks. I am not out on bond they confiscated but didn't destroy my license. How long do they have to make a decision?

Attorney answers (5)

  1. Becket J. Jones

    Pro

    Contributor Level 14

    11

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . There is a six year statute of limitations on all general crimes in the State of Michigan. There are longer statute of limitations time periods for more serious offenses, including rape, murder, armed robbery, etc.

    Thus the Prosecutor can charge you at any time within six years of this alleged offense.

    In OWI cases where blood is taken instead of breath, the blood specimen is sent to the Michigan State Police Crime Laboratory in Lansing. Based on my experience, results currently appear to be taking at least a month to come back, and in many instances I have personally seen a 2-3 month timeline.

    It is likely that the Prosecuting Attorney is simply waiting on the results of the blood test from Michigan State Police before going forward with formal charges.

    You are however doing what you should be doing. Keep calling the court to determine if an arrest warrant has been issued. You should also be thinking about retaining counsel for pre and post charge services in this matter.

    Best of Luck.

    An Attorney-Client relationship has not been established. Becket J. Jones is not your attorney. In order to... more
  2. Scott Matthew Aaronson

    Contributor Level 13

    12

    Lawyers agree

    1

    Answered . This is relatively common. All blood evidence goes through the Michigan State Police Crime Lab in lansing. They are usually backed up and I have waited as long as a year before the evidence is ready.

    It is important you get an attorney ASAP. This is especially true because often times the video tape evidence in the police cruiser gets destroyed in as soon as 30 days. A good attorney will FOIA that evidence first thing so that it is preserved.

    -Attorney Scott Aaronson
    877-I-CAN-WIN
    Free Consultations
    Direct: 248-956-1165

  3. David B. Carter Jr.

    Pro

    Contributor Level 20

    11

    Lawyers agree

    1

    Answered . 6 years is the statute of limitations.

  4. Jared Clayton Austin

    Contributor Level 18

    5

    Lawyers agree

    Answered . It will take at least a few months. There is a time click ticking on how long they have to keep a misdemeanor case on the court's docket without good cause or else the Supreme Court and the State Court Administrator's Office starts to get after them. I'm sure you're anxious to get it over with but time is usually on your side in these types of cases.

  5. Gerald R Stahl

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . Because you are charged OUID, they are analyzing your blood for the type of drugs that were in your system when driving. The Michigan State police lab is notoriously backed up, 6 to 9 months. Lawyers and Judges all over the state have been irritated by this. I recently heard one Judge ordered the state police lab to produce the results by a certain time and they complied. Regarding your case make sure you look at your prescription labels to see if they allow you to drive. I fight these cases. Good Luck!

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,964 answers this week

2,991 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,964 answers this week

2,991 attorneys answering