Michigan DUI and DWI Legal Questions

It will depend on the state law. A DUI (if it was not a felony) is not an automatic disqualification from firearm OWNERSHIP under federal law. You will not qualify for a CPL (at least in Michigan) for concealed carry, but open carry is a different matter. Invest in an attorney's counsel before you invest in an handgun.... Read More

There are certain times that a person can petition the court to end their probation early. When you have several violations already, this is probably not one of those times. It certainly would not hurt to file such a petition especially if the reason is to be able to go back to school, but given the numerous violations, I believe your chances to succeed on such a petition are slim.... Read More

If you claim or were proved to have had an accident as a result of as physical infirmity there is a suspension period during which YOU must prove there were no additional incidents as is it not safe for you, or the other persons on the road, to allow persons who are subject to blacking out to drive. You will need to see an attorney as well as doctors in an effort to avoid this result.... Read More

If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public's expense. You have a right to counsel. You should either retain a lawyer or ask for a court-appointed lawyer at your arraignment. You are presumed innocent. They need to prove your guilt "beyond a reasonable doubt." There may be some issues with their case based on your description; however, much of it will probably hinge on the potential testimony of the person who saw you driving. Ultimately, based on your description, there may be issues with your arrest, your tests, and other measures. However, those are issues for a properly researched and filed motion to suppress as the case proceeds. The prosecutor, depending on what the reports say, probably has a much different version of events based, in part, from the person who called in the incident. As for reading you "your rights," that's only an issue if they wished to question you when you are not in a position to leave, i.e., custodial interrogation or custodial questioning. If they did question you while you were in custody and they did not read you your rights, it may be grounds for a motion to suppress any alleged statements that were made during that questioning. You need counsel and as soon as possible, especially given the stakes regarding your military career.... Read More

If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public's expense. You have a right to counsel. I'd recommend you hire a lawyer in the state that currently has your license suspended. Assuming your current home honors their suspension, you will first need to undue their suspension through their procedures. In some situations, it's very simple; just fill out some forms and pay some money. However, in other situations, it may be very complicated and time-consuming. Every state is different; hence, it's really important you find an experienced attorney who handles license restoration issues in that state. In Michigan, for example, if it is not just a money issue, you would need to contest the issue through the Secretary of State and ultimately, at Circuit Court, if necessary. Michigan, however, does have legal mechanisms in-place that allow people to potentially get their license back after a suspension.... Read More

If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public's expense. You have a right to counsel. Unfortunately, for people convicted of certain of offenses under Michigan law, the traditional routes to seal and expunge convictions may not be available. Under Michigan law, the traditional expungment statute, MCL 780.621 (2) excludes traffic offenses, meaning convictions for offenses prosecuted under the motor-vehicle code cannot usually be expunged. See MCL 780.621a (1a)(b) ( ?Traffic offense? means a violation of the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being sections 257.1 to 257.923 of the Michigan Compiled Laws, or a local ordinance substantially corresponding to that act, which violation involves the operation of a vehicle and at the time of the violation is a felony or misdemeanor.). Traffic convictions for traffic offenses may be set-aside or sealed for other reasons (appeals, juvenile-offender status, court-order, not-guilty verdicts, nolle-prosequi orders,etc.). However, the Michigan Legislature specifically excluded traffic offenses from Michigan's expungment law, MCL 780.621, and it is a much more difficult process.... Read More

You can fight any charge, though the facts here seem to be against you. I am surprised that you would be denied a court appointed attorney in that typically you can be appointed an attorney anytime that any jail time is a possible sentence. Although it would likely not be any great amount of jail time, that is always a possibility for a DUI. More than likely you will be sentenced to fines, probation, community service, AA, PBT's, drug screens, and possibly classes. You will want to take this period of time very seriously to show the Court that this was a one time occurrence and that you learned your lesson.... Read More

To answer your final question first, a class action against the police department is not likely to be successful. Police have qualified governmental immunity and, further, are probably not even in charge of fixing street lamps. As to the breathalyzer, passing a field sobriety test does not free you from having to take a breath test. By acquiring a drivers license you are giving your implied consent to be tested to ensure that you are safe to drive a motor vehicle. Unfortunately, you are probably stuck with the results of the draw, and the consequences that may attach to such results. All of these points may be worth bringing up with your attorney, however.... Read More