Michigan DUI and DWI Legal Questions

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194 legal questions have been posted about dui/dwi by real users in Michigan. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include criminal law, theft, and weapons charges. All topics and other states can be accessed in the dropdowns below.
Michigan DUI and DWI Questions & Legal Answers - Page 3
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Recent Legal Answers

How can a state hold a DUI against me when I'm not and was not a resident?

Answered 10 years and 2 months ago by John F. Brennan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Yes, commonly do. It is called reciprocation, well established and legal.
Yes, commonly do. It is called reciprocation, well established and legal.

How can a state hold a DUI against me when I'm not and was not a resident?

Answered 10 years and 2 months ago by Andrea Rogers (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Some types of traffic convictions (such as DUIs) remain on your driving record forever. Also, keep in mind that all states share traffic violation information with each other. Otherwise, people could do whatever they wanted (rack up a bunch of DUI convictions, for example), then move to another state to avoid the consequences.... Read More
Some types of traffic convictions (such as DUIs) remain on your driving record forever. Also, keep in mind that all states share traffic violation... Read More

Can we take our son off our insurance to keep our policy?

Answered 10 years and 3 months ago by Michael B. Dungan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
There is no reason to be loyal to any particular insurance company, they are all bad. Use this as an opportunity to shop around. No, your son does not have to be on your policy. And yes, you can name your son as an excluded driver on your policy so his age and conviction will not be used against you, but if you that, he CANNOT drive the car, EVER, if he does, and causes damage or hurts himself or someone else, you will NOT be covered by insurance.... Read More
There is no reason to be loyal to any particular insurance company, they are all bad. Use this as an opportunity to shop around. No, your son does... Read More

How long am I required to select "yes" on official documents when asked if I have ever been convicted of a crime?

Answered 10 years and 3 months ago by Timothy J. Klisz (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Forever. DUI convictions never go away and cannot be expunged.
Forever. DUI convictions never go away and cannot be expunged.

Can my 3rd DUI be a felony?

Answered 10 years and 3 months ago by John F. Brennan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Michigan too has a look back provision. Get yourself a good attorney. Even if you escape the felony charge you can expect you past record to impact on the sentencing.
Michigan too has a look back provision. Get yourself a good attorney. Even if you escape the felony charge you can expect you past record to impact... Read More

Is it legal to add my insurance rates because of my boyfriendโ€™s records?

Answered 10 years and 4 months ago by John F. Brennan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
The record need to be corrected and he should not be a listed driver. Shop other companies with the corrected information.
The record need to be corrected and he should not be a listed driver. Shop other companies with the corrected information.

Is it legal to add my insurance rates because of my boyfriendโ€™s records?

Answered 10 years and 4 months ago by Michael B. Dungan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Make him an "excluded driver" on your policy, which means you are promising to never let him drive that car, that way, his record will not be held against you in calculating your insurance rate. Be very aware, if you do that, and you do let him drive the car, nothing that happens will be covered by insurance, that is the trade off. If your insurance company still gives you a hard time, shop around, don't be loyal, you get nothing in return from insurance companies from being loyal to them, they are a dime a dozen, and they all suck.... Read More
Make him an "excluded driver" on your policy, which means you are promising to never let him drive that car, that way, his record will not be held... Read More

Is it possible to get early probation termination after I received a DUI in November 2014 under super drunk law?

Answered 10 years and 4 months ago by Timothy J. Klisz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Yes, it would be possible to obtain early release from probation, but you are correct that a drunk driving can never be expunged under Michigan law.
Yes, it would be possible to obtain early release from probation, but you are correct that a drunk driving can never be expunged under Michigan law.

Can I get a gun permit with the lesser offence of a DUI on my record and will I have to wait so many years after the offence?

Answered 10 years and 5 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Call with the specifics, you need defense, and counsel.
Call with the specifics, you need defense, and counsel.

Is drinking on the job while bar tending illegal?

Answered 10 years and 5 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Generally no, but unwise and against most employers policies.
Generally no, but unwise and against most employers policies.

I'm going to a driver's hearing soon and was wonder if the hearing officer can look to see if I have my MMMP card?

Answered 10 years and 5 months ago by Michael B. Dungan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Secretary of State - DAAD does not have access to a database of the names of those with MMMA cards. Although, you will swear an oath to tell the truth prior to being questioned, and you will probably be asked whether you have an MMMA card, and most certainly will be asked about your last use of any controlled substance.... Read More
Secretary of State - DAAD does not have access to a database of the names of those with MMMA cards. Although, you will swear an oath to tell the... Read More

Can I help my daughter who is being accused with a DUI?

Answered 10 years and 6 months ago by Francis John Cowhig (Unclaimed Profile)   |   8 Answers   |  Legal Topics: DUI/DWI
Yes, by helping her hire the best DUI/criminal defense attorney you can afford.
Yes, by helping her hire the best DUI/criminal defense attorney you can afford.

If I got my first DUI while driving with a suspended license, will this affect my sentencing?

Answered 10 years and 6 months ago by Francis John Cowhig (Unclaimed Profile)   |   7 Answers   |  Legal Topics: DUI/DWI
Yes, he can. There could be additional jail time for the suspended license.
Yes, he can. There could be additional jail time for the suspended license.

What should my son do for a DUI? How?

Answered 10 years and 6 months ago by Francis John Cowhig (Unclaimed Profile)   |   6 Answers   |  Legal Topics: DUI/DWI
In California, on a 1st time DUI, you are usually looking at a 4 to 6 months license suspension, but you may be eligible for a restricted license (to and from school and/or work). If your blood alcohol level is above .20 then there is a 10 month restriction, as well as other enhancements for excessive alcohol. Fines from $390 to $1,000 plus penalty assessments and court costs which beings to the total to about $2,000.00. Your car may be impounded for up to 6 months. Up to 3 year optional ignition interlock device installed on your car. 96 hours to 6 months jail sentence, at least 48 hours of which must be continuance. If you have had a prior DUI within the preceding 10 years, it could be charged as felony with between 1 year and 3 year jail sentence. Depending on the County where the arrest occurred, generally a 1st time DUI offender, with a good attorney, will do little, if any, jail time. However, the defendant will need to jump through some hoops and will be on informal probation from 3 to 5 years. The courts usually order that the defendant pay a fine and penalty assessments which amounts to approximately $1,800.00 plus various other court costs and fees, and either community service or community labor. In addition the defendant must enroll and complete a DUI program. Some courts also require that the defendant participate in a HAM (Hospital and Morgue) Program, MADD (Mothers Against Drunk Driving) Program and have their license suspended. Some courts also require an interlocking device be placed on the Defendant's car, although they can, and sometimes do, defer this to DMV. The best thing you can do is hire the best criminal defense/DUI attorney you can afford.... Read More
In California, on a 1st time DUI, you are usually looking at a 4 to 6 months license suspension, but you may be eligible for a restricted license (to... Read More

What are the likely consequences to an .08 DUI? How?

Answered 10 years and 7 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
Depends on the prosecutor. Some will proceed and some will not due to the likelihood of a favorable jury verdict due to the low number. Speak to a local attorney. In my area the prosecutor will file a charge but dismiss on the morning of trial; they are trying to force a guilty plea.
Depends on the prosecutor. Some will proceed and some will not due to the likelihood of a favorable jury verdict due to the low number. Speak to a... Read More

Can I get a license in another state? How?

Answered 10 years and 7 months ago by Stephen Lewis Freeborn (Unclaimed Profile)   |   6 Answers   |  Legal Topics: DUI/DWI
That would be a no.
That would be a no.

Will I get charged with DUI if I left, did not have to post bond and no police report given to me or paperwork for charges?

Answered 10 years and 7 months ago by John F. Brennan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
There are potential charges. I would suggest you counsel with an attorney but it seems that you were not immediately charged with anything. The results at the station are generally determinative.
There are potential charges. I would suggest you counsel with an attorney but it seems that you were not immediately charged with anything. The... Read More

What do I do to get a letter of clearance for my license from another state?

Answered 10 years and 7 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You have to get the revocation lifted in the revoking state, hire an attorney there to attempt to accomplish that goal.
You have to get the revocation lifted in the revoking state, hire an attorney there to attempt to accomplish that goal.

How could I get a critical needs license after a DUI?

Answered 10 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
A person is eligible when, in the opinion of the department, any one or more of the following circumstances exist: 1) School or other transportation facilities are inadequate for regular attendance at school and at activities authorized by the school. The application shall be accompanied by a signed statement from the school principal verifying such facts. A license issued shall be restricted to operating a vehicle from residence to the school and return. 2) Reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary due to illness of a family member. The application shall be accompanied by a signed statement from a physician familiar with the condition, containing a diagnosis and probable date when sufficient recovery will have been made to terminate the emergency. 3) Transportation facilities are inadequate, and use of a motor vehicle is necessary in the transportation to and from the employment of the applicant and the applicant's income from such employment is essential in the support of the family, or where the applicant's operation of a motor vehicle is essential to an enterprise from which an appreciable portion of the income of the family will be derived. The application shall be accompanied by a signed statement from the parents or the guardian, setting forth the reasons a permit is necessary under this subsection. The existence of public transportation at reasonable intervals within one mile of the residence of the applicant may be considered adequate grounds for refusal of a junior permit.... Read More
A person is eligible when, in the opinion of the department, any one or more of the following circumstances exist: 1) School or other transportation... Read More
Yes it is considered two DUI's as there is reciprocation agreements between both states. However, one DUI can only count as a prior if you were convicted of it before the new one occurs. If you have two DUI arrests and have not been convicted on either as you are waiting trial on both, they both count as 2 first time DUI's.... Read More
Yes it is considered two DUI's as there is reciprocation agreements between both states. However, one DUI can only count as a prior if you were... Read More

Can I avoid jail with a credit for the 48 voluntary inpatient program?

Answered 10 years and 7 months ago by Dean P. Valente (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Up to judge & probation. Best answer is possibly. At least a good chance but most courts have mandatory time for felony 3rd offense.
Up to judge & probation. Best answer is possibly. At least a good chance but most courts have mandatory time for felony 3rd offense.