Michigan DUI and DWI Legal Questions

You must have given a datamaster test at the jail. They can use those results and charge you with OWI. On the back of your refusal it states that you can within 14 days send a letter to the DAAD/AHS for a hearing on the PBT refusal. If the officer shows, you will probably lose. If the officer does not show, you will not lose your license. If the officer shows, you can go to Circuit Court and ask for a hardship license. They are not required by law to take you to a hospital if you took the datamaster test at the jail. You could have asked to be taken to the hospital, at your own expense, for a blood test. Hire an attorney or take a court appointed one because you will need one; however a court appointed attorney will not go to Circuit Court for a hardship license and it is too complicated to do it yourself.... Read Answer

It is not a definite black ball, but it is certainly an obstacle to overcome. If you get accepted and pass the bar you will have to answer questions about that to the character and fitness committee. They treat any past history with substance use or substance abuse very seriously as lawyers are very prone to alcohol and drug abuse. You will have to demonstrate evidence that you are rehabilitated and you have overcome any addiction or substance abuse issues.... Read Answer

A DMV charge and DUI charge in state court, although related to the same incident, are 2 separate proceedings which do not effect each other. You can win at a DMV hearing and lose in state court on a DUI charge and vice versa. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. (S)he would then be in a better position to analyze your case and advise you of your options.... Read Answer

The DMV and the Court are two separate entities which have been triggered by the DUI. They can effect each other and can both have completely different outcomes. You must attend your court date. A DMV dismissal does not mean a court dismissal. If you can, retain an attorney for assistance. Otherwise, ask the DMV for a copy of your file as it may help with your court case.... Read Answer

It is possible that your blood test came back under .08% BAC. If that happened, the DMV will not take action in most cases if you are over the age of 21. The Prosecution, however, could take action at any level BAC. So, it is possible for DMV to take no action, but for the Prosecution to still charge you with a DUI. You need to consult with an experienced, good DUI attorney.... Read Answer

DMV and Court are 2 different things. If DMV does not proceed, then you get to keep your license unless you are convicted of DUI or have a conviction that revokes your license. BUT You must appear in Court. The case may be dismissed at that time. If not, you might want to get a lawyer to help.... Read Answer

The DMV does not have the authority to prosecute. Only the prosecuting attorney in the county has that authority. Blood results often take several months, even up to a year in extreme cases, to come back. It sounds like the prosecutor is pursuing DUI charges against you so you need to retain an experienced DUI attorney as soon as possible to represent you.... Read Answer