Michigan Drunk Driving Defense FAQs

• Q: What Are The Sentencing Guidelines, And Do They Apply In My Case?
  A: The sentencing guidelines are just that, guidelines that the judge must follow in determining the appropriate sentence. The goal of the guidelines is to produce … More
• Q: My Ticket Says Im Charged With A First Offense But I Have Another Drunk Driving Conviction Less Than 7 Years Ago. I Havent Gone To Court Yet. How Can I Tell If Im Going To Be Charged As A Second Offender, And Under These Circumstances, Will I Be Able To Keep My License? Will I Be Going To Jail?
  A: The way the law works now (since 10/99) is that the prosecutor will simply count prior alcohol related convictions, so keep in mind that doesn't matter if the prior is … More
• Q: With A Repeat Offense (Second Or Third Alcohol Driving Conviction), Is There Any Way For Me To Get A Restricted Driver License? I Have Court Ordered Visitation With My Kids, Will I Be Able To Drive To See Them?
  A: Now that the Secretary of State has the sole jurisdiction over driver license sanctions on drunk driving cases, with a second offense within 7 years your license will … More
• Q: Im Charged With A Second Offense Ouil, But I Think My Prior Offense Is More Than 7 Years Old. What Should My Lawyer Do To Verify This Enhanced Charge?
  A: When counting prior convictions, the Secretary of State counts from date of prior conviction to date of current conviction. To understand this, you need to know the … More
• Q: How Long Will A Drunk Driving Conviction Remain On My Record?
  A: All alcohol related traffic offenses are crimes, and are classified as either misdemeanors or felonies. Thus a drunk driving conviction will remain on your record for … More
• Q: Can I Have My Drunk Driving Conviction Expunged (Set Aside)?
  A: No. The statute governing expungement in Michigan specifically precludes a person from even seeking to have a conviction for a "traffic offense" (including drunk … More
• Q: I Pulled Over To 'sleep It Off', But Still Got Charged With Drunk Driving. I Wasn't Driving When The Officer Arrived. Can I Actually Be Convicted?
  A: Possibly yes. There are really two separate questions here; were you operating, and was the arrest valid (lawful)? To "operate" a motor vehicle, a person … More
• Q: How Can I Find A Qualified Drunk Driving Lawyer?
  A: The best way to find a good OUIL/UBAL lawyer is by reputation. There are a few attorneys who have statewide or national reputations; these, of course, are expensive. … More
• Q: What Will It Cost To Get A Lawyer?
  A: This varies, of course, by the reputation and experience of the lawyer and by the geographic location. As with doctors, generally the more skilled the attorney and the … More
• Q: What Is An Arraignment? Should I Have My Attorney Attend?
  A: The Arraignment is the first appearance in the criminal process. The judge must advise you of what you have been charged with, and advise you of the possible … More
• Q: Can The Judge Increase My Bond At The Arraignment?
  A: Yes. The initial bond was probably set by a magistrate or by jail policy upon your release. The formal bond must be set by the judge. The court will set the amount of … More