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Michigan DUI / DWI Questions & Answers
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
PREMIUM
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
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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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1 Answer | Asked in DUI / DWI for Michigan on
Q: First DUI charge with no priors. I was pulled over for a tail light being out. I blew .003 over, but had blood taken.

I was cooperative, but confused and assumed a blood test would read lower. I now know that it was a mistake and considered a refusal. When I realized my error, I asked to blow instead, but was told it was too late. He threatened to strap me down and take the blood plus charge me with a felony. At... Read more »

Daniel Hilf
PREMIUM
Daniel Hilf
answered on Sep 3, 2018

If arrested for drunk driving in Michigan, you will be required to take a chemical test to determine your bodily alcohol content (BAC). Under Michigan's Implied Consent Law, all drivers are considered to have given their consent to this test. If you refuse a test, six points will be added to... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: Car hit me, I had no license plus prior DUI over 10 years ago does it count as second offense and I blew over 10%.
Frank B. Ford
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Frank B. Ford
answered on Aug 29, 2018

If you only have one previous conviction for a drinking and driving offense, and it is over seven years before the new one, then it is not a Second Offense for charging purposes. The older one can still be considered by the court in setting bond conditions, and in sentencing if you get convicted... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: Are sobriety checkpoints legal in Michigan?
Frank B. Ford
PREMIUM
Frank B. Ford
answered on Jul 9, 2018

No, they are not. But a police officer can watch people walk out of a bar, for example, and stop them for some, often, very picky reasons, like not stopping, completely, at the street as they pull out of the driveway.

1 Answer | Asked in DUI / DWI for Michigan on
Q: Im facing a OWI charge and I have CDL-A I was inside my personal car I have no record i want to keep cdla
Frank B. Ford
PREMIUM
Frank B. Ford
answered on Jun 11, 2018

I'm not quite sure what your question is, but I can tell you that if you receive a conviction for a drinking and driving offense, you will lose your CDL for a year. Your best route is to get an attorney who handles OWI charges as the main part of their practice, and let the attorney see what... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: When is a DUI a felony?
Jasmine D. Rippy
Jasmine D. Rippy
answered on Jun 3, 2018

A third DUI offense is classified as a felony and carries up to 5 years in prison. There is no time limit for when the prior convictions occurred. The old rule said that the prior offenses had to be within 10 years but that is no longer the case. A first or second DUI can be classified as a... Read more »

2 Answers | Asked in DUI / DWI for Michigan on
Q: How long does a first time DUI stay on your record?
Frank B. Ford
PREMIUM
Frank B. Ford
answered on May 12, 2018

Once a drinking and driving conviction goes on your driving record, it stays there permanently. They never get so old that they drop off. They used to, but not anymore.

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1 Answer | Asked in DUI / DWI for Michigan on
Q: If you drive a friend's car drunk can they get in trouble?
Jasmine D. Rippy
Jasmine D. Rippy
answered on Apr 18, 2018

Yes, your friend could face criminal charges if you’re arrested for a drunk driving offense and your friend knew that you were drunk but still let you drive. In such case, your friend could be charged with allowing an intoxicated person to operate a vehicle. The severity of the charge and... Read more »

1 Answer | Asked in DUI / DWI and Traffic Tickets for Michigan on
Q: What happens at arraignment

DUI,suspended license and misdemeanor marijuana

Jasmine D. Rippy
Jasmine D. Rippy
answered on Apr 17, 2018

An arraignment is the first court date in a criminal case. The defendant will be informed of the charges being brought and have an opportunity to plead guilty or not guilty to each charge. The court will also determine whether the defendant is eligible to be released on bond and the amount of such... Read more »

1 Answer | Asked in DUI / DWI and Employment Law for Michigan on
Q: My husband's boss encourages him to drink and drive all the time. It has been years, is there any way to fix it?

The boss is temporarily working in US office from the headquarter in Korea. He doesn't take it seriously about DUI.

Jasmine D. Rippy
Jasmine D. Rippy
answered on Apr 17, 2018

If your husband gets pulled over and charged with a drunk driving offense, his boss will not have any criminal responsibility and the fact that his boss encouraged the drinking and driving will not be a defense. Ultimately, it is your husband’s choice to drink and drive. If he wants to drink... Read more »

1 Answer | Asked in DUI / DWI and Traffic Tickets for Michigan on
Q: What happens at arraignment
Jasmine D. Rippy
Jasmine D. Rippy
answered on Apr 17, 2018

An arraignment is the first court date in a criminal case. The defendant will be informed of the charges being brought and have an opportunity to plead guilty or not guilty. The court will also determine whether the defendant is eligible to be released on bond and the amount of such bond. If the... Read more »

2 Answers | Asked in DUI / DWI for Michigan on
Q: Do you have a right to refuse a field sobriety test?
Adam Alexander
Adam Alexander
answered on Mar 9, 2018

The short answer is that it is NOT unlawful to refuse field sobriety test in Michigan. But the real question is: "should you refuse a field sobriety test"? The answer to this question is complex and depends on multiple factors. If you've already refused to take a FST and you are... Read more »

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1 Answer | Asked in DUI / DWI for Michigan on
Q: I had 2 dui 6 months apart 11 years ago what do i need to do to get my license back in michigan

I did jail time and paid fines

Frank B. Ford
PREMIUM
Frank B. Ford
answered on Feb 16, 2018

To get your license back you will have to go through a demanding process. You must have long term abstinence from alcohol, and a commitment to lifetime abstinence. That means no drinking or illicit drugs, whatsoever. You must have letters of support from your friends and family that must include... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: My son is doing a 8 month stint in st clair county Jail for a DUI conviction the Judge agreed to allow him work release

to keep his job. Is there a way to get a temporary license to allow him to be able to go to and from his employment?

Frank B. Ford
PREMIUM
Frank B. Ford
answered on Feb 6, 2018

It depends on his driving record. If his license is revoked, which would be the case if he has had two convictions for drinking and driving in a seven year period, then his only options are: (1) to be in a sobriety court program, which it sounds like is out of the question, since he's been... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: I've been on drug court for 18 months had one slip-up was wondering can I get off early?

I've been sober from alcohol for 18 months and had one slip up with drugs six months ago she technically extended it another 6 months

Frank B. Ford
PREMIUM
Frank B. Ford
answered on Feb 2, 2018

Although it is possible that you might be released early, it is highly unlikely. Given the fact that you had a violation, they will probably want to keep you on the program to make sure you continue to progress. Sincerely, Frank B. Ford

2 Answers | Asked in DUI / DWI for Michigan on
Q: When will I get a court date for my DWI?

Almost 2 months ago I got a DWI and was in jail overnight. My license was taken and I was given a paper permit I guess. It has my BAC level, the city i was in etc. but when I went to get a state ID I was told I would have to give up my license which I obviously no longer had. But instead I got a... Read more »

Adam Alexander
Adam Alexander
answered on Jan 4, 2018

What jurisdiction/court are you in? Some courts are slow to process tickets and charges. This appears to be the case here, but I suggest you contact a criminal defense attorney immediately to review your situation. A lawyer will get an update for you without adversely impacting the potential... Read more »

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2 Answers | Asked in DUI / DWI for Michigan on
Q: I've heard the expression dry reckless - what does that mean?
Brent T. Geers
Brent T. Geers
answered on Dec 29, 2017

In a nutshell, you can be charged with reckless driving without drinking.

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