QUESTION
How long does the court have to charge you with a DUI, if it would be your 3rd or 4th offense making it a felony in Michigan?
Asked on Nov 30th, 2012 on DUI/DWI - Michigan
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My daughter was arrested in April 2011. The police took her blood, as they thought she had been drinking. They released her the next day. If charged, this would be her 4th DUI, which is a felony. She got two DUIs when she was 16. They were a "month" apart. This is now November 2012, one year and seven month later and she just this past week was arraigned for Xanax in her system, which she had a prescription for but was found "NO" alcohol.
7 ANSWERS
Michael J. Breczinski
Was she under the influence of Xanax when she was driving? If so she can be charged since the statute includes drugs. She should get a lawyer.
Answered on Dec 05th, 2012 at 11:40 PM
If she was driving while using prescribed (by doctor) drugs, this could be considered as mitigation for her condition and it might be enough to exclude her from the alcohol or controlled drugs section of the Statute. OUIL Offenses are not in the Criminal Code ? they are in the Traffic Code which is under the authority of the Secretary of State. These type of charges stay on an Adult Record forever and now are not expugnable.
Answered on Dec 05th, 2012 at 7:44 PM
Collections Attorney serving Okemos, MI
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Cindy Mannon, Attorney at Law
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You can be arrested for OUID, driving under the influence of drugs. Drunk driving cases are supposed to be handled within 77 (approximate) days after the arrest. Some Judges allow the prosecutor to amend charges after this time line expires. Others do not and if a motion for dismissal is filed, the charges could be dismissed. It just depends on the Judge. She needs a lawyer that works in the area in which she was charged.
Answered on Dec 04th, 2012 at 1:05 PM
Dennis P. Mikko
The statute of limitations on a criminal charge such as this is six years.
Answered on Dec 04th, 2012 at 1:05 PM
Depending how the alleged violation is charged, the statute of limitations is 3 - 6 years.? But be advised police authorities are under no obligation to notify you as to whether the charges have already been authorized and an arrest warrant issued in the matter. It is common practice for the warrant, once approved, to simply?input?info into?LEIN (police computer system) and await your future arrest whenever the defendant happens to cross paths with police again...like getting pulled over for speeding, etc.?If you know what court will be handling charges once authorized, you can always call their criminal clerk to see if the defendant has any warrants in their court.
Answered on Dec 04th, 2012 at 1:04 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have not provided sufficient details in order to form a firm opinion. Was your daughter arrested for having Xanax in her system while she was driving? Why was she pulled over? She needs to engage an attorney and put up a potential defense. You have to make sure you are not enabling her to continue her behavior.
Answered on Dec 04th, 2012 at 1:04 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Blood results can take several months to get. However, after a year, it is likely that the results did not show a presence of alcohol and therefore, the case has been closed.
Answered on Dec 04th, 2012 at 1:04 PM