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DUI Penalties

How to Prepare for Your Michigan Implied Consent Hearing

Oct 31st, 2018 PBarone

Michigan drivers suspected of intoxicated driving based on the consumption of alcohol, marijuana, or other intoxicating substances, must submit a breath, blood or urine sample upon the reasonable request of a peace officer.  A failure to provide such a sample will result...

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Am I Eligible for Sobriety Court?

Aug 2nd, 2018 PBarone

Many courts throughout Michigan employ an alternative form of sentencing for drunk drivers that emphasize treatment over punishment. Collectively, this approach to sentencing is called sobriety court.  Such courts utilize a 2011 Michigan statute codified in Michigan Compiled Laws § 257.304.  This...

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Misdemeanor and Felony Procedures in a Michigan DUI/OWI Case

Aug 1st, 2018 PBarone

After you’ve been arrested for DUI/OWI in Michigan the next step will be for the arresting officer(s) to prepare a narrative written police report, including any supplemental discovery materials. Depending on the nature of the office, this report and investigation will include...

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Criminal and Driver License Enhancement in Second Offense Drunk Driving Cases

Jul 18th, 2018 PBarone

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...

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Michigan DUI/OWI and Staying Out of Jail

Jun 19th, 2018 PBarone

Even a person convicted of a first offense DUI/OWI in Michigan with no prior record faces the possibility of up to 93 days in jail, and judges in some courts are well known for putting first time offenders in jail.  Also, repeat...

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Michigan DUI/OWI Driver’s License Penalties

Jun 11th, 2018 PBarone

In a Michigan drunk driving case the driver license penalty will be based on the severity and nature of the offense, and your prior record.  These driver license penalties are not imposed by the judge. The driver license sanctions are imposed by...

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Should I Take My Drunk Driving Case to Trial or Just Plead Guilty?

Nov 1st, 2017 PBarone

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...

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Repeat Drunk Drivers in Barry County, Michigan Get Minimum 30 days in Jail

Mar 2nd, 2017 baronedefenew

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...

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What Should I Expect with a Michigan First Offense OWI Charge?


A first offense OWI in Michigan is a crime categorized as a misdemeanor in Michigan.  Drunk driving cases are taken very seriously by the courts, and a conviction of a first offense OWI can carry with it serious consequences. A conviction for...

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Must Field Sobriety Tests Follow Standards Prescribed by the National Highway Traffic Safety Administration?

Feb 17th, 2017 baronedefenew

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...

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