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What to Do If You’re Charged with a Crime in Michigan: FAQs from The Barone Team

DUI / OWI FAQs
What is the legal BAC limit for drivers over 21 in Michigan?

The legal blood alcohol concentration (BAC) limit for drivers over 21 in Michigan is 0.08%. Commercial drivers face a lower threshold of 0.04%, and for drivers under 21, any detectable alcohol can result in legal consequences.

Can I be charged with a DUI in Michigan even if my BAC is under 0.08%?

Yes. You can still be charged if an officer believes your ability to operate a vehicle is impaired, even with a BAC under 0.08%. This is typically charged as Operating While Visibly Impaired (OWVI), but in some circumstances can result in the more serious charge of Operating While Intoxicated (OWI).

What is the Difference Between DUI and OWI?

DUI is the more generic and commonly used acronym for drunk driving. This stands for Driving Under the Influence. DWI is also sometimes used, which is Driving While Intoxicated. In 1999 the Michigan Legislature passed major changes to Michigan’s drunk driving laws. As a result of these changes, Michigan’s acronym for drunk driving became OWI, or Operating While Intoxicated. The word “operating” was chosen because it covers more circumstances than the word “driving.”

What penalties can I face for a first-time DUI in Michigan?

A first offense may result in up to 93 days in jail, fines between $100 and $500, community service, and a driver’s license suspension of up to 180 days. High BAC cases (0.17% or more) face enhanced penalties.

What is Michigan’s “Super Drunk” law?

This law applies to drivers with a BAC of 0.17% or higher. Penalties may include up to 180 days in jail, increased fines, a one-year license suspension, and a mandatory ignition interlock device for restricted driving.

Will I lose my license after a DUI arrest?

License suspension is handled by the Michigan Secretary of State. A first offense may result in suspension from 30 to 180 days, depending on BAC and other circumstances.

Can I get a restricted license after a DUI?

In many cases, yes. After an initial suspension period, you may be eligible for a restricted license, often requiring installation of an ignition interlock device. Repeat offenders usually face license revocation. A restricted license permits you to drive to, from, and during the course of your employment, serious medical, counseling or treatment, and court requirements.

Can I get my DUI expunged in Michigan?

Certain first-time DUI offenses are now eligible for expungement under Michigan law. You must wait five years after completing your sentence and meet other criteria.

Can I drive after being arrested for a DUI?

You may retain driving privileges before your court date, but refusal of a chemical test can trigger immediate suspension. After an arrest, you will be provided a paper license known as a 625g Permit or Temporary Driver’s License. You retain full privileges until resolution of your case and notification by the Secretary of State. However, your privileges could become suspended if your case involved an Implied Consent violation, wherein you have 14 days to request a hearing to avoid an automatic 1-year suspension. Consult a lawyer to confirm your driving status and protect your license.

Should I refuse the breath test if stopped for DUI in Michigan?

Refusing the official post-arrest test leads to an automatic one-year suspension under implied consent laws. Roadside tests (PBTs) can be refused with the payment of a fine only.

Is the odor of alcohol proof of intoxication?

No. Smell alone is not reliable proof of impairment. Other evidence such as behavior, field sobriety tests, and chemical test results are more critical.

What happens while waiting for blood test results in a DUI case?

The case may still be active behind the scenes. Hire a lawyer immediately to monitor progress and prepare your defense. Many prosecutors will file the case even before receiving the full results.

What is a SCRAM device and how does it affect DUI cases?

SCRAM (Secure Continuous Remote Alcohol Monitor) detects alcohol through sweat. Violations may result in stricter bond conditions or jail time. False positives can occur.

What is the Barone Defense Firm’s approach to OWI defense?

We believe that no two clients are alike- so no two defenses should be either. We take a comprehensive, individualized approach to every OWI case, looking beyond the charges to understand your unique circumstances and the life story behind the arrest. Our mission is not only to challenge the evidence, such as field sobriety tests, breath or blood results, the legality of the stop, arrest, and any warrant, but also to help you regain control of your future. Every strategy we craft is designed to protect your rights, preserve your freedom, and ultimately, to help you win back your life.


Gun Crimes FAQs
Do I need a Concealed Pistol License (CPL) to carry a handgun in my vehicle in Michigan?

Yes. Without a CPL, transporting a loaded handgun in your car is illegal—even if it’s visible.

How can I legally transport a gun in my car without a CPL?

The gun must be unloaded, locked in a case, and stored in the trunk or out of reach. This applies to handguns and long guns.

What are the most common gun charges in Michigan?

Common charges include carrying a concealed weapon without a permit, possession of a firearm while intoxicated, possession by a felon, felonious assault, brandishing a weapon, and possession in prohibited places.

Can I use a firearm in self-defense in Michigan?

Yes. Outside your home or business, Michigan law allows deadly force if you believe you or someone else faces imminent death, sexual assault, or great bodily harm. There’s no duty to retreat in places you have a legal right to be. If you are inside your home the Castle Doctrine applies. A firearn may also be permitted in non-deadly force circumstances, if necessary and reasonable to prevent the unlawful force upon you or another.

What are the steps to get a CPL in Michigan?

Complete a safety course, apply at your county clerk’s office with ID and training certificate, get fingerprinted, and await background check results.

Can I restore my gun rights after a felony conviction?

Yes. Some rights are automatically restored after 3 to 5 years, depending on the offense. Others require a petition in court.

Can Barone Defense Firm help with gun charges or rights restoration?

Yes. We handle complex firearm cases and rights restoration petitions, tailoring our approach to each client’s needs and legal status.


Sex Crimes FAQs
What is considered criminal sexual conduct (CSC) in Michigan?

CSC includes a range of sex crimes categorized by degree based on victim’s age, relationship, and whether penetration occurred.

What’s the difference between the four CSC degrees?

1st Degree: Penetration with aggravating factors (e.g., force or child victim)

2nd Degree: Sexual contact (no penetration) with similar factors

3rd Degree: Penetration without aggravating factors (e.g., statutory rape)

4th Degree: Sexual contact, typically a high-court misdemeanor

What is Michigan’s Romeo and Juliet law?

This law provides exceptions to statutory rape charges when both individuals are close in age, usually within five years, and over the age of 13.

Will I have to register as a sex offender?

If convicted of a qualifying offense, yes. Registration under SORA affects housing, employment, and travel for years—or life in some cases.

Can I be falsely accused of a sex crime?

Yes. False accusations do occur. We specialize in thorough investigation and expert-backed defense strategies to challenge unsupported claims.

What is “gross indecency” and is sodomy illegal in Michigan?

Yes, technically, sodomy and gross indecency remain on the books but are rarely enforced due to constitutional challenges. Charges may still be filed and must be defended vigorously.

How does Barone Defense Firm defend sex crime cases?

We take a strategic, personalized approach—digging into timelines, leveraging experts, and challenging evidence to protect your rights and future.


Federal Crimes FAQs
What makes a crime a federal offense?

A crime is federal if it violates U.S. law, crosses state lines, involves federal property or programs, or is investigated by federal agencies like the FBI or IRS.

What are common types of federal charges?

Healthcare and prescription fraud, wire fraud, identity theft, embezzlement, securities fraud, RICO conspiracy, and drug trafficking.

How are federal cases different from state cases?

Federal prosecutors have more resources, longer investigations, and pursue harsher penalties. Cases often involve mandatory minimums and complex legal processes.

What is a target letter?

A target letter informs you that you’re the focus of a federal investigation. It suggests indictment is likely but may also lead to cooperation or plea offers.

What should I do if I receive a target letter?

Contact a federal defense attorney immediately. Do not contact investigators directly.

Can Barone Defense Firm defend white-collar crime cases?

Yes. We handle financial and healthcare fraud cases using forensic review, expert testimony, and strategic negotiations.

What is your approach to federal defense?

We focus on early intervention—often before charges are filed—and work aggressively to reduce, dismiss, or defend in trial.


Cannabis FAQs
Is marijuana legal in Michigan?

Yes. Adults 21 and older may use marijuana recreationally. Medical marijuana is also legal.

How much marijuana can I possess in Michigan?

Up to 2.5 ounces in public, 10 ounces at home, and 15 grams of concentrate.

Can I grow marijuana at home?

Yes. You may grow up to 12 plants in a secure, enclosed space.

Can I drive after using marijuana?

No. Impairment from marijuana is illegal and can result in DUI charges—even if you're a medical marijuana patient.

What is a marijuana microbusiness?

A license that allows small operators to grow, process, and sell cannabis on-site. It's ideal for vertically integrated, local businesses.

How long should I wait to drive after using marijuana?

There is no exact time, but many experts suggest waiting 6–24 hours. Effects vary by person and method of use.


Court Process FAQs
What is a character letter for court?

A written statement about a defendant’s integrity and life outside of the charges. Submitted to a judge before sentencing.

Who should write a character letter?

Close acquaintances: family, friends, employers, teachers, clergy—anyone who can speak to your reputation and values.

What is a probable cause conference in Michigan?

A pre-hearing in felony cases to discuss plea deals, discovery, and scheduling. It occurs before a preliminary examination.

What is a preliminary examination?

A hearing to determine if there's enough evidence to proceed to trial. It’s not a trial but a gatekeeper step that substitutes for grand jury proceedings used in some state cases and most federal cases. The burden of proof is low – probable cause, and preliminary examinations are often waived where both the prosecutor and defense agree.

What is HYTA?

The Holmes Youthful Trainee Act allows people aged 17–26 to avoid a permanent criminal record after completing court-ordered conditions. If 21 to 26, Prosecutor consent is required for HYTA, but the Judge is the final decision-maker to grant HYTA status.

What is the difference between a question of law and a question of fact?

Questions of law are decided by a judge and relate to legal interpretation. Questions of fact are decided by the “fact finder” which is usually jury but can sometimes be a judge and relate to what happened.

What is jury nullification?

Jury nullification occurs when jurors choose to acquit a defendant, even if the evidence proves guilt, because they believe the law itself is unjust or unfairly applied. While rare and not officially endorsed by the courts, it remains a lawful power that all juries possess.

What are bond conditions?

Bond conditions are rules you must follow while your case is pending and you’re out of custody. These often include staying drug- and alcohol-free, with regular testing, remaining in the state unless given permission to travel, attending all court hearings, checking in with pretrial services, and avoiding contact with victims or co-defendants. These conditions are typically set by the judge at your arraignment or bond hearing and may be monitored by pretrial services or the court. Violating any condition can lead to your bond being revoked and you being taken into custody.

What is criminal discovery?

Criminal discovery is the process where the prosecution and defense share evidence before trial. This includes police reports, witness statements, bodycam or dashcam videos, lab results, and any other materials the prosecutor plans to use to try to prove guilt. In some cases, the defense must also share certain evidence or witness information if it will be presented at trial.


Client Reviews
★★★★★
Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
★★★★★
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
★★★★★
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.