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Articles Posted in DUI Penalties

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How to Prepare for Your Michigan Implied Consent Hearing

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 in the police obtaining a warrant for your…

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Am I Eligible for Sobriety Court?

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 law established new procedures and sobriety court participation…

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Misdemeanor and Felony Procedures in a Michigan DUI/OWI Case

  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 a description of the basis for the…

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Criminal and Driver License Enhancement in Second Offense Drunk Driving Cases

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…

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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…

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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…

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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…

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