Michigan DUI and DWI Legal Questions

While you do not "need" a lawyer present when you appear in Court, an experienced criminal defense attorney may be able to assist in identifying pssible facts/defenses that could result in the reduction of charges or even outright dismissal of the case. In any event, representing yourself in a criminal matter is never the best option.... Read More

When representing a client on a drunk driving charge, we thoroughly review all aspects of the initial stop, the interaction between our client and law enforcement, and the procedures used in administering the FST, PBT and Datamaster (or blood test). We do this in order to determine what defenses are available and we seek to obtain the best possible outcome for our clients. While it is possible to have the charges reduced, it is difficult to predict how significant of a reduction moght be available until we have had an opportunity to speak with our client and review the police report. I would be happy to discuss your situation with you at no cost.... Read More

The prosecutor's office may be waiting for the test results or blood work before issuing formal charges. Once charges are issued you may be picked up on the warrant. You may want to have representation in place so that if and when charges are issued, your attorney can make arrangements to turn yourself in. ... Read More

If your driving privileges were revoked for 1 year because of two drunk driving convictions within a seven year time period, you have to be approved to drive through the Secretary of State, which involves a fun little process that includes a substance use evaluation, drug screen, letters confirming sobriety, and a formal hearing, etc.... Read More

If you received two drunk driving convictions within a seven year time period, your driving privileges were revoked for one year. After that year runs, you are eligible for a hearing with the Driver Assessment and Appeal Division of the Secretary of State where you will ask for driving privileges, and they will say yes or no. There is no short cut, you have to have a Secretary of State hearing which involves sending them documents before the hearing (evaluation, drug screen, support letters, etc.), and then the hearing itself where you will have to prove you are no longer a threat to drink and drive. There is a lot more to it, too much for an e-mail. You should seriously consider working with a lawyer that has experience in this area, if you are denied, you have to wait another year to try again.... Read More

It is up to the judge. A third offense can be charged as a felony. Even if not charged as a felony, there is a substantial risk of imprisonment, given that past probation have failed to deter the illegal conduct. A .15 reading is fairly high, which could cause judges to want to jail you. Get good representation right away.... Read More

If you are revoked in Michigan and not eligible for a restoration hearing until 2019, you are not driving legally in any state until 2019. Whatever state you move to will not (should not) license you until you first remove the revocation in Michigan, so whether you move from Michigan or not, you are going to have to clear up Michigan in 2019 before any state will license you to drive.... Read More

The statute of limitations only applies to how long it takes to charge you, if you have an open court file, you were charged so the statute of limitations does not apply. They can bring you to trial anytime they get their hands on you, although the more time passes, the more difficult that could be for the prosecutor. You may want to explore resolving the case with a plea by mail.... Read More