So, you (or a loved one) were stopped and arrested for a DUI in Michigan. It's 2:30 a.m., and you can't get an attorney on the phone. When can you bond out? How long are you going to stay in jail on a drunk driving charge? Will you make it to work in the morning? What sort of money do you need to post bail? There are some simple preliminary answers, but this is a complex issue that police and courts get wrong on a regular basis.
A recent client was picked up late Thursday night for drunk driving on a holiday weekend. I was contacted on Saturday by concerned family members. Police told him that he would sit in jail until Tuesday when the court opened for business. The police said that, unless he could post an interim bond of $1,000.00, he would have to wait until Tuesday to see the judge. The police were wrong. A person must be brought before a judge or magistrate without delay. If the defendant doesn't have money, our constitution doesn't care. Whether you are rich or poor, the police cannot hold you without a prompt and timely arraignment.