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…
Articles Posted in DUI Penalties
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…
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…
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. …