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Michigan DUI / DWI Questions & Answers
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 And that detail should NOT be published here.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 »

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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...
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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 »

1 Answer | Asked in DUI / DWI for Michigan on
Q: Can you get an OWI for crashing a car into a pole in a gated subdivision where the gates were closed?

The gates are closed after a certain time and require a code to get in. Subdivision has about 150 homes.

Brent T. Geers
Brent T. Geers answered on Jan 9, 2019

Short answer is yes. You can get an OWI for operating a vehicle anywhere accessible to motor vehicles. The fact that it was in a gated community requiring a code for entry makes no difference. Otherwise, what would stop any of the 150+ residents from driving drunk whenever they want as long as they... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: I have a dui charge in Michigan the prosecuting lawyer is dropping it down to operating while visually impaired.

I’m Canadian I need the charge dropped further so I don’t loose my licence in Canada can you help please. - Is there case law I can present to allow that to happen?

Brent T. Geers
Brent T. Geers answered on Jan 2, 2019

DUIs are tough to beat at trial, and with considerable public pressure on prosecutors to be tough on drunk drivers, it's unlikely the prosecutor will offer anything different. You should have a local lawyer thoroughly analysis the evidence to see if any errors were committed along the way. If... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: Is there a limit to how long to the police have to give me a drug test once they stop me?
Frank B. Ford
Frank B. Ford answered on Dec 11, 2018

No, there is not a time limit. Any delay can be considered in determining the reliability of the results, but probably not their admissibility. If you don't have an attorney to help you with this situation, get one. Sincerely, Frank B. Ford

2 Answers | Asked in DUI / DWI for Michigan on
Q: What happens when someone is caught drunk driving and his license was already suspended?
Brent T. Geers
Brent T. Geers answered on Dec 8, 2018

This is not an uncommon occurrence, unfortunately. The person would be charged criminally for the two separate crimes of drunk driving and DWLS.

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1 Answer | Asked in DUI / DWI for Michigan on
Q: Are there extra penalties for a DUI if there are kids in the car?
Frank B. Ford
Frank B. Ford answered on Nov 9, 2018

Yes! If you have a previous drinking and driving conviction, you can be charged with Felony Child Endangerment, and can have your license taken away for one to five years. If you don't have a previous drinking and driving conviction, it is usually going to be more points than what you would... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: A friend of mine was arrested for drunk driving over four years ago,he has not been to court yet. Can he still be convic
Jeffrey Buehner
Jeffrey Buehner answered on Oct 24, 2018

Yes, your friend can be convicted - he probably has an outstanding bench warrant for his arrest. Your friend would be well-advised to contact an attorney.

1 Answer | Asked in DUI / DWI for Michigan on
Q: I wasn't insured when I hit another car while driving drunk. Will the other person's insurance cover their repair costs

or do I have to pay it?

Brent T. Geers
Brent T. Geers answered on Oct 23, 2018

The other person's insurance will pay out, but will then come after you. Even if you had your own insurance, your insurance would not cover you for damages caused while drunk driving.

1 Answer | Asked in DUI / DWI and Tax Law for Michigan on
Q: Tax-wise, is there a way to write off the cost of mandated drug/alcohol testing and/or fines and fees paid to the court?

I plead guilty to an OWI charge. I've paid over $2000 to the court and will be paying over $2000 in accumulated costs associated with mandatory drug and alcohol testing ordered by my probation officer. Having kept receipts, are those costs able to be deducted when doing taxes? Can I write... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 10, 2018

You'll need to consult with a tax attorney or other tax professional, particularly about whether mileage is deductible. It will all obviously depend on your overall tax situation; with the raised standard deduction starting with this tax year, a lot of people who used to itemize may no longer... Read more »

2 Answers | Asked in DUI / DWI for Michigan on
Q: How long will a DUI stay on my record if I comply with officials and do everything they say?
Daniel Hilf
Daniel Hilf answered on Sep 25, 2018

A DUI in Michigan will always remain on your criminal record and driving history. Under current Michigan law, the offense cannot be expunged.

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2 Answers | Asked in Car Accidents and DUI / DWI for Michigan on
Q: I left the bar last night, don't remember leaving. Drove home. Cops showed up at door and impounded my car from driveway

I didn't answer the door. Called this morning and the cops said I hit and run a car, on my street. Said that they were getting off their shift and would be over at ten tonight to give me a ticket and I can get me car Monday from impound.

Frank B. Ford
Frank B. Ford answered on Sep 15, 2018

Sounds like you're going to get a ticket for leaving the scene of a property damage accident. That's a criminal misdemeanor, that carries up to ninety days in jail. Find an attorney in your area who practices primarily traffic and drunk driving defense. Although this presumably... Read more »

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