If you have been charged with a second offense drunk driving case in Michigan, then you are probably wondering about how severely you will be punished. The type of punishment will be based on both criminal enhancement and driver license enhancement. Before discussing these differences, the first thing to know…
Articles Posted in DUI Penalties
Should I Take My Drunk Driving Case to Trial or Just Plead Guilty?
If you are charged with drunk driving in Michigan, then at some point after your arraignment you will need to decide if you wish to plead guilty or stand trial. This is because all Michigan drunk driving crimes are classified as either misdemeanors or felonies. This means that all people…
Repeat Drunk Drivers in Barry County, Michigan Get Minimum 30 days in Jail
A Barry County Judge has indicated that he’s going to start cracking down on repeat drunk drivers by giving them a minimum of 30 days in jail. Judge Michael Shipper was appointed by Governor Snyder in 2011 and is already tough on first-time offenders. Now he says he’s ready to be…
Must Field Sobriety Tests Follow Standards Prescribed by the National Highway Traffic Safety Administration?
The answer is somewhat unclear because so far no Michigan court has specifically ruled that police officers must administer standardized field sobriety tests in accordance with protocol set forth by the National Highway Traffic Safety Administration (NHTSA). However, a new law was recently passed in Michigan that suggests that the…
Impact of a Michigan Drunk Driving Charge on Buying or Leasing a New Vehicle
If you have been arrested for a first offense drunk driving in Michigan, then you are not prohibited in any way from buying, selling or leasing a car. However, if you have been arrested for a second offense drunk driving, then things get a bit trickier. In 1999, the Michigan…
Prosecutor Challenges One-Year Jail Sentence for Drunk Driving Causing Death Case
In Michigan, a charge of drunk driving causing death is punishable by up to 15 years in prison. This possible sentence is set forth in Michigan Complied Laws 257.625(4)(a). In determining exactly what sentence to impose for an individual case a judge will be looking at many factors, including the…
Minimizing the Impact of a Michigan DUI on Pilot Licenses
Many people don’t realize that a drunk driving picked up on their “own time” can sometimes affect their jobs. This is particularly true for nearly anyone who carries a professional license, be it a pilot license, medical license, insurance license, real estate license or even a cosmetology license. In almost…
Innocent Owner Defense Doesn’t Apply to DUI Car Forfeiture
Michigan law provides that drivers convicted of drunk driving can have their cars forfeited. This means that upon conviction the state can take the convicted drunk driver’s car. In those cases where the car was used without the permission or knowledge of the owner the “innocent owner” defense would apply. …
Will You Lose Your Car for a DUI Forfeiture?
To help make up for lost revenue, more Michigan counties are seeing forfeiture of the cars driven by people arrested for DUI. Will yours be next? If the Oakland County Prosecutor has her way, then the answer may well be “yes.” Jessica Cooper has instructed her prosecutors to seek forfeiture…
Travel to Canada Not Allowed After Michigan Drunk Driving Conviction
Michigan shares a rather large border with Canada and so it is very common for Michigan residents to travel to Canada for both business and pleasure. Being convicted of even a single instance of drunk driving can complicate such travel. According to an excellent In and Out of Canada Article…