DUI X 3 in Michigan

[ALR35]

What is the name of your state (only U.S. law)? Michigan
My husband was arrested for a DUI and when he asked for his results of his BAC, they told him to never mind, he was drunk. Later at the police station, he had to take two more breathalyzer tests. He said that they did these tests back to back so he asked again what his BAC was and they ignored his question and put him in a holding cell to sober up. The next day at his arraignment, he asked the judge what his BAC was and he told him that he did not have that information in front of him, but still charged him with a DUI - (third offense), and set him with a PR bond and an alcohol teather. He is set for a preliminary exam next week. My questions are, aren't they supposed to tell him what his BAC is? And, how can the judge charge him if he doesn't have any evidence to support the charges? And what is the manditory jail time for this crime?

[Some Random Guy]

My questions are, aren't they supposed to tell him what his BAC is?

The police don't need to tell the drunks how drunk they are. The police's job is to get the drunks off the road, not educate them. They need to tell the court and they need to provide he evidence to your husband's lawyer in the discovery phase before the trial.

And, how can the judge charge him if he doesn't have any evidence to support the charges?

The judge will convict or acquit based on the evidence. The BAC is only part of the evidence. The DA can charge him based on the evidence they have. he purpose of the arraignment is for the defendant (your husband) to be informed of the charges, to enter a plea, and to have bail set. The judge will generally not evaluate the evidence during the arraignment except as it applies to bail.

The next step is for him to get a really good lawyer for his third DUI and ask him some questions.

And what is the manditory jail time for this crime?

Third offense OWVI/OVI:
Prison: Not less than 1 Year or more than 5 years
Probation with Jail: not less than 30 days nor more than 1 year
Fines: $500 - $5000
Community Service: not less than 60 days or not more than 180 days