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Michigan DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Michigan on
Q: Is there anyway to request a full license and removal of my interlock device? I’ve completed all tasks but Sos says 2027

I restored my license from revoked status October of 2022.

Brent T. Geers
Brent T. Geers
answered on Sep 6, 2024

The 2027 date is probably when you are eligible after having your license revoked. You should consult with a local attorney experienced in driver license restoration to see if you have options such as a hardship or circuit court appeal. However, it's likely that if driving at all is important... View More

1 Answer | Asked in DUI / DWI for Michigan on
Q: My battery died in january, interlock device and now 3 months major violation just before my reinstatement hearing

January 20 to 22 no power, but I hadn't driven it since the 12 January. I was not ever informed that I violation and I also called them and they said that I had no violation. I got a lawyer but I am not feeling that I am a priority and I need my license. How confident should I be in getting it... View More

Brent T. Geers
Brent T. Geers
answered on Apr 11, 2024

No one - including your lawyer - can tell you with any certainty that you will get your license restored. The administrative hearing officers take a lot of factors into account. Most important, perhaps, is your ability to convince the hearing officer that you are and have been stone-cold sober over... View More

1 Answer | Asked in DUI / DWI for Michigan on
Q: I havent had a license for over 10 years due to a DUI/DWI. Im having issues getting it back..help -bb

I have done the assessment as well years ago and they never sent it to the state of Michigan so therefore I needed to do another one and spend more money on the process. I'm wondering if now with it being so long if there are any helpful loop holes as to getting it back. This is not even on my... View More

Mohammad Abuershaid
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answered on Apr 15, 2023

The answer to this question will vary depending on what State you live in and where you got your DUI. If you completed all the terms of your probation for criminal court, then you will have to go to the DMV to see what you have to do to get your license back. If you have picked up other vehicle... View More

1 Answer | Asked in DUI / DWI for Michigan on
Q: I drove while intoxicated and hita mailbox. Its my first offense, have a clean record. Is it possible to get it reduced

No one was hurt. Just a mailbox and my record is clean. No felonies or misdemeanors. I have a state job and cannot have this on my record.

Brent T. Geers
Brent T. Geers
answered on Dec 12, 2022

Hopefully you've engaged with a good, local attorney. I hate to be the bearer of bad news but you're probably going to have a tough go in getting a prosecutor to do anything with drunk driving causing property damage. An example of a reduction would be operating while impaired, which is... View More

1 Answer | Asked in DUI / DWI and Immigration Law for Michigan on
Q: Not allowed entry into Canada and I must go through Criminal Rehabilitation.

I have had three DUIs, the last DUI was 7 years ago and have completed probation. I was told that it would take 10 months and I would like to do this myself. Thank you

James L. Arrasmith
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answered on Aug 22, 2024

If you have three DUIs and want to enter Canada, you will likely need to go through the process of Criminal Rehabilitation. Since your last DUI was seven years ago and you've completed probation, you're eligible to apply. It's important to gather all relevant documents, including... View More

1 Answer | Asked in DUI / DWI, Cannabis & Marijuana Law, Civil Rights and Medical Malpractice for Michigan on
Q: I'm being indefinitely deprived of First, Fifth, Sixth, Eighth, Ninth, and Fourteenth Amendment Rights. What do I do?

I was told the charges I plead "guilty*" to carried a "two year maximum"... That was 18 years ago, and I'm still being cruel and unusually punished indefinitely why? On multiple occasions, I repeatedly tried to explain my medical use of the plant, as my only form of genuine... View More

James L. Arrasmith
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answered on Jul 28, 2024

You’re facing a complex and serious situation that seems to involve potential violations of your constitutional rights. It’s essential to gather all your legal documents, including court transcripts and records of the charges and sentencing. Having these documents organized will help clarify... View More

1 Answer | Asked in DUI / DWI and Criminal Law for Michigan on
Q: i caught my third owi in march 2020 prior to that my second was 2010 . i was never charged for the third they told me

that the blood never came back from the lab. 4 years have passed . is it possible that this will get threw out of court , because i wanted to get my license back so i can gain employment. my case has been awaiting a warrant for 3 years

Brent T. Geers
Brent T. Geers
answered on Feb 28, 2024

Very possible. What other evidence would they have of your intoxication? I assume you declined to take a PBT or conduct FSTE?

1 Answer | Asked in DUI / DWI for Michigan on
Q: Hi, p.o. told me to file a motion for early release from dui probation, how long does it take for a judge to act on that

The earliest they can act on it is 8/21/2023

Brent T. Geers
Brent T. Geers
answered on Aug 16, 2023

Sounds like the answer is in your question. There are court rules that govern notice periods, who has to be notified, etc. Further, the court keeps a calendar. If a particular judge hears motions on a particular day of the week, that's when your motion will be heard.

1 Answer | Asked in DUI / DWI for Michigan on
Q: I wasn't driving. My license plate got confiscated. How do I get a new metal plate

Someone had borrowed my car and got stopped and arrested for DUI

Brent T. Geers
Brent T. Geers
answered on Mar 28, 2023

Check with secretary of state, but I suspect they will tell you you'll need to wait until your friend's DUI is resolved.

1 Answer | Asked in Criminal Law and DUI / DWI for Michigan on
Q: Likelihood of jail or prison time with meth charge and extensive criminal history in another state?

My brother has an extensive drug history and a history of not appearing in court in FL. He’s also has two bench warrants from Florida that he wasn’t aware of.

He was arrested in Cadillac on 9/16 for meth possession, DWI, and being in possession of a loaded firearm (the firearm was mine,... View More

Brent T. Geers
Brent T. Geers
answered on Sep 19, 2022

Avoid incarceration? Unlikely. The biggest risk factors are his loose ties to the community and his history of failure to appears. I know people change, but judges see that and think "this guy can't be trusted to be out in the community to do the right thing if he can't even show up to court".

1 Answer | Asked in DUI / DWI for Michigan on
Q: Do I need a lawyer to get my discovery packet in the state of Michigan?
Brent T. Geers
Brent T. Geers
answered on Sep 12, 2022

Yes. But you should know there is no such thing as a "discovery packet". That is a phrase jailhouse lawyers use all the time, and get frustrated when told there is no such thing. "Discovery" is nothing more than facts or evidence the prosecution relies on for trial. In many... View More

1 Answer | Asked in DUI / DWI for Michigan on
Q: Is it true that you can have a DWI dismissed if charges are brought against you 18 months or longer after the stop

I was pulled over Jan of 2020 and they are just now charging me. I was told that it could get dismissed on prejudice if charges are brought 18 months after even though the statue is 6 years

Brent T. Geers
Brent T. Geers
answered on Aug 30, 2022

As with most matters of the law and public opinion, there is a bit of truth in what you were told. The 18 months probably refers to the timeline for what people commonly call speedy trial (there is a statutory 6 month timeframe that applies in rare circumstances, then there is the 18 month... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Michigan on
Q: In michigan, can you expunge a DUI from twenty years ago, if I had a 2nd offense that was reduced to reckless driving?
Brent T. Geers
Brent T. Geers
answered on Aug 16, 2022

Technically, yes; practically speaking...you really need to consult with a local attorney who knows your judge.

1 Answer | Asked in Criminal Law and DUI / DWI for Michigan on
Q: can a judge revoke a bond for absolutely no reason at all??

he said because he never shouldve granted it because its a felony and the person should b in jail , even tho he gave 2 pr bond before & this cash bond & the person is working, doing everything supposed to be doing & they're supposed to have already dropped the felony, the whole... View More

Brent T. Geers
Brent T. Geers
answered on Aug 13, 2022

Bond is discretionary, subject to court rules. No, a judge cannot revoke bond for no reason...but it doesn't take much of a reason. Can a judge raise a bond, remanding the person to jail in the interim - effectively revoking bond? Sometimes, depending on circumstances. There are judges that... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Michigan on
Q: Is it true if you’re not sentenced within six months of an arrest, the court will dismiss the case?
Brent T. Geers
Brent T. Geers
answered on Jul 18, 2022

Not true at all. There are guidelines that determine when cases should be completed. And there is a right to a speedy trial. But it's not at all what people think it means.

1 Answer | Asked in DUI / DWI for Michigan on
Q: Can i fight and win my case?

i was stopped because my headlights were off and i was asked to take a sobriety test and breathalyzer. I was then arrested and charged with a misdemeanor for owi. would i be able to fight this?

Brent T. Geers
Brent T. Geers
answered on Apr 26, 2022

Assuming your headlights were off during the dusk-to-dawn period, it sounds like the stop was valid. Of course, a lawyer may want to know exactly where the police officer was to have observed your headlights. If the stop is valid, and your BAC was over 0.08, you need to start thinking mitigation... View More

1 Answer | Asked in DUI / DWI for Michigan on
Q: I have a charge of owi .17% for which I never took a breathalyzer for and got a ticket 11months later. Need help

Had a car accident went to hospital for 4 days. I'm pretty sure the hospital probably got it from my blood work and they send a ticket to me 11 months later fir owi

Dana B. Carron
Dana B. Carron
answered on Mar 24, 2022

If you cannot afford to hire an attorney, then you will get one appointed for you when you go to court. They will help you. If you can afford an attorney, my associate does a great amount of these types of cases, or you can keep searching and find someone else.

1 Answer | Asked in DUI / DWI and Civil Rights for Michigan on
Q: If I have a Felony OWI from 2011. Can I ever purchase a fire arm. If not, can I go to court to restore that privilege?
Brent T. Geers
Brent T. Geers
answered on Dec 13, 2021

Possibly. You can petition to have the court restore your civil liberties (e.g. gun rights).

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and DUI / DWI for Michigan on
Q: Can I use medical marijuana on bond?

I understand the Michigan supreme court ruled individuals on probation can legally use medical marijuana. I have looked and I cannot find if this ruling would apply to individuals on bond.

Brent T. Geers
Brent T. Geers
answered on Oct 11, 2021

There is a court of appeals case that says that you can. Tread carefully though....there can be a difference between what the court of appeals says the law is, and what individual judges determine it to be.

1 Answer | Asked in Appeals / Appellate Law, DUI / DWI and Cannabis & Marijuana Law for Michigan on
Q: What can be done if a judge in MI is ignoring the court of appeals decision that allows mmj patients to use on probation

My disabled husband was arrested for DUI and took a plea to a lesser charge because it seemed like all he could do. He took the plea with the understanding that it would not prevent him from using medical Marijuana as a brain tumor patient. The judge in lapeer County is not allowing him to use... View More

Brent T. Geers
Brent T. Geers
answered on Sep 23, 2021

That judge is not the only one...what can be done? Appeal a revocation or sanction of probation.

While it sounds like you are disappointed in the case outcome, DUIs can be tough to defend. If your husband was driving, and his BAC was over 0.08...I'm not sure what benefit going to trial...
View More

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