If arrested for drunk driving in Michigan, you will be required to take a chemical test to determine your bodily alcohol content (BAC). Under Michigan's Implied Consent Law, all drivers are considered to have given their consent to this test. If you refuse a test, six points will be added to... View More

If you only have one previous conviction for a drinking and driving offense, and it is over seven years before the new one, then it is not a Second Offense for charging purposes. The older one can still be considered by the court in setting bond conditions, and in sentencing if you get convicted... View More

No, they are not. But a police officer can watch people walk out of a bar, for example, and stop them for some, often, very picky reasons, like not stopping, completely, at the street as they pull out of the driveway.

I'm not quite sure what your question is, but I can tell you that if you receive a conviction for a drinking and driving offense, you will lose your CDL for a year. Your best route is to get an attorney who handles OWI charges as the main part of their practice, and let the attorney see what... View More

A third DUI offense is classified as a felony and carries up to 5 years in prison. There is no time limit for when the prior convictions occurred. The old rule said that the prior offenses had to be within 10 years but that is no longer the case. A first or second DUI can be classified as a... View More

Once a drinking and driving conviction goes on your driving record, it stays there permanently. They never get so old that they drop off. They used to, but not anymore.

An arraignment is the first court date in a criminal case. The defendant will be informed of the charges being brought and have an opportunity to plead guilty or not guilty. The court will also determine whether the defendant is eligible to be released on bond and the amount of such bond. If the... View More

An arraignment is the first court date in a criminal case. The defendant will be informed of the charges being brought and have an opportunity to plead guilty or not guilty to each charge. The court will also determine whether the defendant is eligible to be released on bond and the amount of such... View More

If your husband gets pulled over and charged with a drunk driving offense, his boss will not have any criminal responsibility and the fact that his boss encouraged the drinking and driving will not be a defense. Ultimately, it is your husband’s choice to drink and drive. If he wants to drink... View More

Yes, your friend could face criminal charges if you’re arrested for a drunk driving offense and your friend knew that you were drunk but still let you drive. In such case, your friend could be charged with allowing an intoxicated person to operate a vehicle. The severity of the charge and... View More

The short answer is that it is NOT unlawful to refuse field sobriety test in Michigan. But the real question is: "should you refuse a field sobriety test"? The answer to this question is complex and depends on multiple factors. If you've already refused to take a FST and you are... View More

To get your license back you will have to go through a demanding process. You must have long term abstinence from alcohol, and a commitment to lifetime abstinence. That means no drinking or illicit drugs, whatsoever. You must have letters of support from your friends and family that must include... View More

It depends on his driving record. If his license is revoked, which would be the case if he has had two convictions for drinking and driving in a seven year period, then his only options are: (1) to be in a sobriety court program, which it sounds like is out of the question, since he's been... View More

Although it is possible that you might be released early, it is highly unlikely. Given the fact that you had a violation, they will probably want to keep you on the program to make sure you continue to progress. Sincerely, Frank B. Ford

What jurisdiction/court are you in? Some courts are slow to process tickets and charges. This appears to be the case here, but I suggest you contact a criminal defense attorney immediately to review your situation. A lawyer will get an update for you without adversely impacting the potential... View More

In a nutshell, you can be charged with reckless driving without drinking.

If the case is charged as a felony, which it probably is if it's his third offense, and if that is what he is convicted of, then the minimum jail time is 30 days, and the maximum is 5 years in prison. There are Sentencing Guidelines that the court looks at in determining what is an... View More

To get your license back you will have to go through a demanding process. You must have long term abstinence from alcohol, and a commitment to lifetime abstinence. That means no drinking or illicit drugs, whatsoever. You must have letters of support from your friends and family that must include... View More

The answer depends on many factors, including the BAC, prior driving record within the last 5 years, the propensities of the judge and prosecutor, and how good your lawyer is. I urge you to seek an experienced criminal defense lawyer who knows the courts in Gladwin County.

Codeine is a "controlled substance" under Michigan's statute. You need a good lawyer - this is a complex case. I urge you to contact a Michigan lawyer and provide ALL information and details about this incident. If you do not have a prior DUI or related charge, you will likely be... View More