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Michigan DUI / DWI Questions & Answers
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 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

1 Answer | Asked in DUI / DWI for Michigan on
Q: hello and good day. in the state of Michigan

drivers license revoked because of dui will the applicant need a registered vehicle if approved?

Brent T. Geers
Brent T. Geers
answered on Sep 16, 2021

Depends. Generally, the road to a license again involves a period of time with an interlock device ("blow and go") with a restricted license prohibiting the person from driving any car without it. So at least as a practical matter, the applicant would need vehicle access for which an... View More

1 Answer | Asked in Appeals / Appellate Law, Traffic Tickets and DUI / DWI for Michigan on
Q: If I ask for driving license hearing reconsideration, with new evidence, can I still appeal if they deny me again?

I’m in Michigan. I was previously granted my license then lost it to a technicality, had a breathalyzer in car and battery died which caused it to say I was tampering with it, I appealed that and won and was granted license back. Before my license paperwork came I drove stupidly for dr appt and... View More

Frank B. Ford
Frank B. Ford
answered on May 18, 2021

I doubt that they will allow you to have a reconsideration. But to answer your question, if they did give you a hearing for reconsideration and you again lost, you could still appeal to Circuit Court, if the situation falls within one of the limited circumstances in which an appeal to the court is... View More

1 Answer | Asked in Child Custody, DUI / DWI and Family Law for Michigan on
Q: My EX wife had full custody of kids can I take full custody from her if she get 4th DUI?

EX wife history, losing first kids, losing license for 15yrs, 3 DUI, 17 yrs ago. After 20 years marriage, witnessed her badly many mental ill, she was fine for 17 years perfect no drugs no alcohol, beautiful loving woman. 2016 she was giving new mental drugs and I don’t know what happened to her... View More

Brent T. Geers
Brent T. Geers
answered on Apr 27, 2021

What does your judgment of divorce say about legal custody? If you don't have joint legal custody, then if she went to jail, it's possible for the children to be placed in the care of someone else.

1 Answer | Asked in DUI / DWI for Michigan on
Q: I am on felony probation and was ordered 480 community service. Is it possible to pay some of those hours off ?
Brent T. Geers
Brent T. Geers
answered on Apr 7, 2021

Typically not; community service hours are ordered for a reason. Best thing to do is talk with your probation officer about what is expected of you and what you can do before it becomes an issue for the judge.

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