Lawyers, Answer Questions  & Get Points Log In
Michigan DUI / DWI Questions & Answers
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 »

View More Answers

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 »

View More Answers

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.

1 Answer | Asked in DUI / DWI for Michigan on
Q: Does officer lack probable cause after SFst if his decision to arrest will be based on pbt
Adam Alexander
Adam Alexander answered on May 7, 2019

Your question needs more detail. And that detail should NOT be published here. You need to contact a seasoned criminal defense lawyer and review the facts and your legal options. Generally speaking, probable cause is a complex legal issue that is interpreted by hundreds of legal cases. Your... Read more »

1 Answer | Asked in DUI / DWI, Civil Rights, Health Care Law and Medical Malpractice for Michigan on
Q: I have mental health problems, can i use medical marijuana while on probation?

I am on probation in michigan usa for a DUI, but i have SERIOUS mental health problems including insomnia, depression, adhd, anxiety, bi-polar. I was reccomended i get my medical marijuana card, can i do that while on probation?

Brent T. Geers
Brent T. Geers answered on Apr 23, 2019

You would first need to inquire with your probation officer, and then possibly have the judge's permission. Contrary to what many people believe, marijuana is not prescribed like a doctor may do for ordinary medication from a pharmacy. Because of that, judges don't have to allow you to... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: Will my restricted Michigan license still be in effect if I move back there? I have full license in Colorado currently.

I had a restricted license when I moved from Michigan from a drunk driving 24 years ago(actually had two in same year). Colorado gave me a full license 2.5 years ago and now I want to move back to Michigan. I'm wondering if Michigan will give me my full license back or will it still be restricted?

Frank B. Ford
Frank B. Ford answered on Apr 2, 2019

That's a good question, and hard to answer without some further information. The most likely way to get a good answer is to obtain a COMPLETE, CERTIFIED driving record from the Michigan Secretary of State, and let me or some other Michigan attorney who handles drunk driving cases and the... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: Can michigan put a hold on my license if I got a DUI before I got my Michigan license 20 plus hears ago

I have already paid my reinstament fee in KY I have never so much as been in a vehicle pulled over in Michigan

Frank B. Ford
Frank B. Ford answered on Mar 29, 2019

To give the best answer, I would need to see your Michigan driving record, if there is one, and also would try to interpret your Kentucky driving record. But if you have a valid Kentucky driver's license, it sounds like you should be able to get a Michigan license without the incident in... Read more »

2 Answers | Asked in Car Accidents, Personal Injury, DUI / DWI and Traffic Tickets for Michigan on
Q: I was in an accident yesterday and had a blood level of 2.98. This will be my second offense and I’m really worried

I ended up totaling my boyfriends new truck and going to the hospital. I was not in the right state of mind when the cops talked to me and might have jeopardized myself. I had also taken two cbd gummies which is why I was drowsy. 4 years ago I got charged with an owi so this will be my second... Read more »

Frank B. Ford
Frank B. Ford answered on Feb 21, 2019

You definitely need an attorney to help you with the situation. The information here does not indicate where this happened, which can affect how to approach the case, the cost for legal services, and who might be a good choice of attorneys. I think it would be better if you called me, or some... Read more »

View More Answers

1 Answer | Asked in DUI / DWI for Michigan on
Q: Can rehab or mental health care/services help cut your jail time if you has an 2nd DUI?

Just has an 2nd DUI

Adam Alexander
Adam Alexander answered on Jan 22, 2019

The answer depends on the jurisdiction the offense occurred, your judge, the prosecutor, and the skills of your lawyer.

It also depends on the specific factors of your arrest, (e.g. BAC, your behavior, etc.).

Generally speaking, a Defendant who is voluntarily and honestly seeking...
Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: What the best way to cut your jail time from an year to 8 months if this your 2nd DUI?

Can AA help plus probation too?

Brent T. Geers
Brent T. Geers answered on Jan 21, 2019

Your eventual sentence will be up to your judge absent a plea agreement. Judges sentence people based on the facts of the case and individual circumstances. A 2nd offense OWI carries a maximum penalty of one year in jail; that is not saying that the judge will sentence you to one year, eight... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: What the best way to cut your jail time from an year to 5-6 month if you already one DUI?
Brent T. Geers
Brent T. Geers answered on Jan 12, 2019

That will depend on what current charge you face, and what the potential penalty for that crime would be. If you are facing a 2nd offense DUI, which would carry a maximum penalty of 1 year in jail, I would anticipate jail time of far less than 1 year, but that will depend on the facts of your... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.