What Mistakes Should You Avoid After an OWI Charge in Michigan?

Facing an OWI (Operating While Intoxicated) charge in Michigan is a stressful and confusing experience. The actions you take immediately following the charge can influence the outcome of your case. It is crucial to be aware of common mistakes that can complicate your situation. At Van Den Heuvel Law Office, our experienced attorneys can help you act accordingly during this difficult time and protect your rights. Key mistakes to avoid include:

• Making self-incriminating statements
• Posting on social media
• Missing legal deadlines
• Failing to document the incident

What Statements Should I Avoid Making to the Police?

After an OWI arrest, anything you say can be used against you. It is your constitutional right to remain silent and you should exercise it. Although you are required to provide identification, you are not obligated to answer questions about your whereabouts, activities or alcohol consumption.

Politely decline to answer incriminating questions. Admitting guilt or providing details about your activities can make it much harder for your attorney to build a strong defense. Remember these points:

• You have the right to remain silent.
• Respectfully tell the officer that you will not answer questions without legal counsel present.
• Avoid making excuses, apologizing or trying to explain your situation, as these can be interpreted as admissions of guilt.

Staying silent protects your legal position and allows your attorney to control the narrative of your case.

Can My Social Media Posts Affect My OWI Case?

Prosecutors and law enforcement can and do use social media posts as evidence. Posting photos, videos or even status updates from the night of your arrest can severely damage your case. Even your most innocent posts can be taken out of context and turned into a negative narrative.

To protect your case, you should:

• Immediately set all your social media profiles to private.
• Refrain from posting anything about your arrest, the incident or your feelings about the case.
• Advise friends and family not to post about your situation or tag you in any photos or posts related to the incident.
• Do not delete old posts or photos, as this could be seen as destroying evidence.

The best way to protect yourself is to stay off social media entirely until your case is fully resolved.

Why Is Missing Court Deadlines a Major Mistake?

The legal system operates on strict timelines. Missing a court date or a filing deadline can have immediate and severe consequences for your OWI case. If you fail to appear for a scheduled court hearing, the judge can issue a bench warrant for your arrest. Furthermore, there are critical deadlines for challenging evidence or filing certain motions. For example, if you refused a chemical test, you have only 14 days to request a hearing with the Michigan Secretary of State to challenge the automatic suspension of your driver’s license. Missing this deadline means an automatic one-year suspension. An experienced attorney will manage these deadlines to ensure your rights are protected.

Should I Document Everything That Happened During the Arrest?

Immediately after your arrest, you should write down all details you can recall about the incident. Memories can fade quickly, and a detailed, contemporaneous account can be a valuable tool for your defense attorney.

Include information such as:

• The reason the officer gave for pulling you over.
• The questions the officer asked and how you responded.
• The location, time and weather conditions.
• Details about any field sobriety tests you performed.
• Information about any witnesses who were present.

This documentation helps your lawyer identify potential procedural errors or violations that could be used to challenge the charges against you.

Protect Your Future with an Experienced OWI Attorney

Avoiding these common mistakes is the first step in protecting yourself after an OWI charge. Trying to handle the legal process alone can be overwhelming and lead to unfavorable outcomes. The experienced attorneys at Van Den Heuvel Law Office are here to guide you, defend your rights and work toward the best possible resolution for your case. Contact us today for a consultation to discuss your situation.