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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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

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

Yes

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... View More

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.

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.

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... View More

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

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... View More

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... View More

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... View More

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.

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... View More

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... View More