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Michigan DUI / DWI Questions & Answers
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... Read 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...
Read 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... Read 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... Read 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... Read 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... Read 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.

1 Answer | Asked in DUI / DWI for Michigan on
Q: what is required to get my driver's license reinstated? It's been ten years since my last DUI
Brent T. Geers
Brent T. Geers answered on Mar 7, 2021

Absolute sobriety. You will need to fill out an application, and submit it to the Secretary of State along with a professional substance abuse assessment and at least three support letters. You will then have to attend a hearing with an administrative hearing officer. If you can prove absolute... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: I have a 3rd dui, will I do some jail time, during the Corona virus
Frank B. Ford
Frank B. Ford answered on Feb 9, 2021

IF you are convicted of an OWI 3rd, there is a mandatory 30 days jail, and it can be up to 5 years. Without knowing more, it is impossible to say if you will actually be convicted of that. If you are convicted of OWI 3rd, the Judge may not make you serve it right away, given the pandemic. Even... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: OWI when I was 17 in MI. Did everything that was asked of me and the case was closed out. I am now 22 can I get my CPL?

Would also like to know how this affects my ability to purchase handguns.

Brent T. Geers
Brent T. Geers answered on Dec 29, 2020

You may purchase (assuming you don't have any felonies). You will not be eligible for a CPL for 8 years after the close of your OWI, however.

1 Answer | Asked in DUI / DWI for Michigan on
Q: If your parole condition says you can't be in a place that serves alcohol. Can you still be on the property to golf
Brent T. Geers
Brent T. Geers answered on Oct 16, 2020

Typically, that provision relates to places where alcohol is the primary source of sales. There is a difference, certainly, between a bar that happens to serve food, and a restaurant that happens to also sell alcohol.

It would be wise, though, that while on parole, you conduct yourself...
Read more »

1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Michigan on
Q: I got a DWI a few months ago and i have my green card. Judge said not illegal drugs, can i still use marijuana?
Brent T. Geers
Brent T. Geers answered on Jun 22, 2020

You should ask your lawyer or the probation officer. Most courts prohibit medical marijuana while on bond or probation.

2 Answers | Asked in DUI / DWI for Michigan on
Q: Can i buy a rifle in michigan with 2 misdemeanors i havent taken care of for OWI and drove while license not valid

Date of charge was 7 19 2017

Brent T. Geers
Brent T. Geers answered on May 29, 2020

You likely have bench warrants which would appear when the store does a background check on you. Your charges are minor enough that there is little reason to keep running from them. I don't know your history or the facts of those cases, but people commonly get probation for those sort of... Read more »

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1 Answer | Asked in DUI / DWI for Michigan on
Q: Hi. So i am on sobriety court through royal oak for a dui. Due to corona virus and testing suspended.

My testing has been suspended as of today due to corona virus. My probation officer just sent an email saying my testing has been suspended for now and when the time comes i can take a hair or blood test. Is this legal?

Brent T. Geers
Brent T. Geers answered on Apr 14, 2020

Yes. Your participation in sobriety court is voluntary (I realize that it may not have seemed like it when you plead). And as part of your continued participation, you agree to a number of conditions and waiver of some rights. Most important, you are subject to the reasonable demands and... Read more »

2 Answers | Asked in DUI / DWI for Michigan on
Q: One more question: What is the difference between Ordinance OWI and Statute OWI. Thank you for your information.
Jeffrey Buehner
Jeffrey Buehner answered on Apr 1, 2020

An ordinance violation is charged under local ordinance (e.g. - city, township or village ordinance). Statutory law refers to Michigan state statutory laws (Michigan Compiled Laws). The substance of a local OWI ordinance is generally the same as state law. The primary difference is local ordinance... Read more »

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1 Answer | Asked in DUI / DWI for Michigan on
Q: I was arrested for misdemeanor OWI in Michigan. What does it mean when ticket says this?

To the Court: Do not arraign on felony charge until an authorized complaint is filed.

1. 257.625 2.______________ 3. ________________

My ticket says Misdemeanor but why is there a code violation next to number 1 under felony statement?

Thank you Everyone

Frank B. Ford
Frank B. Ford answered on Mar 30, 2020

That message is pre-printed on all Uniform Law Citations (tickets). If the box on your ticket is marked Misdemeanor, then the message about felonies doesn't apply to you. You would not be charged with a felony unless you have two prior driving under the influence convictions, or there was a... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: I’m on probation for a dwi and was set to do 96 hrs of community service and cannot because of my job, can I pay a fine?
Frank B. Ford
Frank B. Ford answered on Jan 24, 2020

Normally you can't "buy" your way out of community service. A lot of courts look at community service as an alternative to giving a person time in jail, so they often see it like they have already given you a break by not putting you in jail. Talk with your probation officer and... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Michigan on
Q: What to do about court fines and warrents.

I got in trouble with the law 6 years ago. I did not pay those court fines. Due to not being able to. Now I have a greatjob that pays me really well. I would like to pay them off however I have a warrant for my arrest because of those fines. Right now at my job we are on mandatory 7 days if I miss... Read more »

Mark Bredow
Mark Bredow answered on Jan 13, 2020

Not enough information. I don't know whether you are talking about traffic fines, misdemeanor fines, and costs, or felony. I don't know your prior history, whether you have a long record of cases and failure to appear. Many factors enter the equation. Don't mess around. Hire an... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: Does michigan have a dui law that relates to using a pedal bike
Frank B. Ford
Frank B. Ford answered on Sep 15, 2019

Operating a vehicle while intoxicated is what is prohibited. A vehicle is defined as a device that moves or can move on a highway, but not if it is powered only by human power. A bicycle without a motor is not a vehicle. A bicycle that has a power assist, that is being used, would be a vehicle. If... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: If Im being charged w/ OWI & high BAC (.21), what should I do? Get a lawyer or can I do court apt? Plead guilty or not?

I am a 25 and it's my 1st offense. I already work 2 jobs to pay the bills, so if you think a court appointed public defender can get the job done, same as a OWI attorney, please say that. Money is tight. What do I need to know & do? My arrainment is this coming Friday Sept. 6th

Frank B. Ford
Frank B. Ford answered on Sep 3, 2019

Many court appointed lawyers are very competent attorneys and serve their clients well. To some extent, it depends on what court the case is in, and who you get as an attorney. Some courts use a "house counsel" system that has one attorney handling all the court appointed cases that... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: It been 4-5 months now since I got arrested?

Got arrested for my 2nd DUI and haven't got an letter by mail from the court? Should I call or wait? I getting worried.

Daniel Hilf
Daniel Hilf answered on Jul 21, 2019

Sometimes there are delays if a blood draw was involved in the case, because it takes quite a bit of time to have the sample tested at the laboratory. You can hire a lawyer at anytime to represent you - you do not have to wait to be charged to hire a lawyer. A lawyer can give you great advice,... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: My girlfriend has an interlock device in my car and I failed it last night. Will she get in trouble for my fail?

Apparently she was told that she's responsible for all fails, even though it's my car that she rarely drives. I had a couple drinks and tried to drive after a few hours but still failed the test so we switched seats and she drove home. Now she's worried she'll be held... Read more »

Brent T. Geers
Brent T. Geers answered on May 22, 2019

She is responsible...possibly she has a very good explanation (that it was you and not her) that can be taken into account and hopefully avoid sanctions.

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