Driver's License Penalties

DUI Expungement in Michigan – Talk to Our Lawyers First

Published on: December 1, 2022 | by Ryan Ramsayer

A drunk driving conviction has lifelong consequences. Long after your driver’s license has been restored, you’ll still have the DUI conviction on your permanent record. The good news is that the expungement laws in Michigan for DUI cases have recently been changed.

Michigan DUI expungement lawyer Patrick Barone leads the Barone Defense Firm and is partners with some of the best DUI attorneys who handle the toughest DUI cases.
This means your conviction involving an operating while intoxicated OWI offense can now be removed. And this removal or expungement comes with many benefits. Many kinds of DUI convictions are eligible, sometimes even those drunk driving convictions involving injury or death can be expunged.

What Does DUI Expungement Actually Mean?

What Does a Michigan Driver License Restoration Cost?

Published on: October 20, 2022 | by Patrick Barone

Expect to pay between four and seven thousand dollars for a Michigan driver license restoration lawyer. However, the cost of your license restoration lawyer will depend on a variety of factors. First among them is likely to be their years of experience, with a close second being their location.

Lawyers with more years of experience tend to charge higher fees because they have more expertise and therefore a better track record than lawyers who have less experience. Also, lawyers in Northern Michigan, the Upper Peninsula, and other remote areas tend to charge less. In part this is because they are not specialists. These lawyers often handle many different areas of law. But, as the saying goes, they are “masters of none.”

Biggest Mistakes Made By People Without License Restoration Lawyers

Michigan’s Super Drunk Driving Law and Penalties

Published on: January 1, 2022 | by Patrick Barone

Michigan’s Super Drunk Driving Law went into effect on October 31, 2010. It created enhanced punitive and driver license sanctions for Michigan drunk drivers with a Bodily Alcohol Content (BAC) of .17 gerams % or above. It only applies to first offense drunk driving as penalties and driver license sanctions for second or subsequent offenses remain unchanged and more punitive than for super drunk driving. This is true even for repeat offenders with BACs at or above .17 grams %.

What Are the Penalties for High BAC Super Drunk Driving in Michigan?

The Michigan Super Drunk Driving Law adds extra penalties if your BAC is 0.17 or hgher.
Michigan drivers found or pleading guilty to a High BAC super drunk driving face an array of serious punishments and consequences, including potentially more time in jail and less time on the road.

What Happens to Drivers License After MI DUI Arrest?

Published on: January 1, 2022 | by Patrick Barone

Immediately upon your arrest for DUI in Michigan the arresting officer notifies the Secretary of State. This happens when the arresting officer destroys your plastic driver’s license and prepares a DI-177, which is entitled “Breath Blood or Urine Report Michigan Temporary Driving Permit.” This document becomes your paper license and you will use it to drive until you are convicted or until your case is dismissed. A DI-177 is only prepared if you agree to take a breath or blood test when asked by the arresting officer.

If you refused to submit to a breath or blood test then the officer will prepare a DI-93, which is entitled “Report of Refusal.” This too becomes your paper license but is only good for 14 days or until after you win your appeal hearing. Because you are not allowed to refuse a breath or blood test your license will be suspended for a year unless your Michigan DUI lawyer demands a hearing within this 14-day period.

Your Driving Record Shows Your DUI Arrest Even Before Conviction

What Happens at a Michigan Implied Consent Hearing?

Published on: June 29, 2021 | by Patrick Barone

A Michigan implied consent hearing is an informal hearing where the officer that arrested you for drunk driving provides testimony to prove that you unreasonably refused a breath blood or urine test. Before we move on with a further discussion of the hearing, let’s review the concept of implied consent, and how it applies in a Michigan drunk driving case.

The Legal Fiction of Implied Consent

Both the Michigan and the United States Constitutions provide that the police can’t search you, your home or your car without a warrant. Thus, before the police may proceed with a search of your breath, blood or urine, they must first obtain a warrant. However, there are many exceptions to this warrant requirement and consent is one of them. This is where the legal fiction of implied consent comes into play.

Super Bowl Coach Facing DUI Causing Serious Injury Charges

Published on: February 9, 2021 | by Michael Boyle

The Superbowl has dominated the recent headlines, but an unfortunate story involving one of the Chiefs’ coaches, and the son of Head Coach Andy Reid, has also captured national attention. Britt Reid was involved in a car accident wherein two young children were injured including one who is listed in serious life-threatening condition with a brain injury.

According to some initial Reports, the coach was driving onto an on-ramp and struck a disabled vehicle and then collided into a car that was providing assistance. The accident resulted in the two minor children being seriously injured.

Mr. Reid admitted to drinking 2-3 alcoholic drinks prior to the accident, and a police report and warrant indicated a moderate odor of alcoholic beverages. If there is evidence that alcohol may have been involved, then it is common that a warrant for a blood draw will be obtained.

Do I Need a Lawyer for My Michigan Driver License Restoration?

Published on: January 2, 2019 | by Patrick Barone

Reinstate License Online Michigan | Lawyers to Help Get License Back

If your license was revoked due to multiple OWI convictions, then a license revocation lawyer will help maximize the chances of getting your license back. It is possible to do it yourself, but this is not recommended.

Don’t let your prior bad experience with lawyers keep you from hiring one this time.If you want your driver license reinstated, your best chance involves hiring a Michigan license reinstatement lawyer. Here’s why:

How to Prepare for Your Michigan Implied Consent Hearing

Published on: October 31, 2018 | by Patrick Barone

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 blood. You will also be charged with an OWI along with a separate charge for an alleged violation of Michigan’s implied consent law. This will result in the police destroying your Michigan driver’s license. The officer will then issue you a 625g paper permit, also called a DI-93, and this will allow you to drive temporarily.

You have a right to appeal the police officer’s determination that you violated the implied consent law, and such appeals go before the Administrative Hearings Section of the Michigan Secretary of State. You or your attorney must mail the request for this appeal hearing within 14 days of the date of arrest. A failure to do so will result in your driving privileges being automatically suspended for at least one year.

According to the Michigan Implied Consent Law, there are only four issues to be resolved at the appeal hearing:

Criminal and Driver License Enhancement in Second Offense Drunk Driving Cases

Published on: July 18, 2018 | by Patrick Barone

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 is about the two is that the judge will decide your punishment whereas the Michigan Secretary of State will decide your driver license sanction.

With that in mind, let’s first look at criminal enhancement. The Michigan look-back period for second offense drunk driving is 7-years. This means that a new DUI arrest occurring within 7- years after a prior DUI will be considered a second offense drunk driving. The look-back period for criminal enhancement runs from date of conviction to date of arrest.

In this context enhanced means, the statute provides for the possibility of more jail time. For example, for a first offense DUI the maximum jail time is 93 days with no minimum period of incarceration. However, in the case of a second offense drunk driving, Michigan Compiled Laws § 257.625 provides as follows:

Ohio Imposes Driver License Sanctions after Michigan DUI Conviction

Published on: September 2, 2016 | by Patrick Barone

Many Ohio residents travel to Michigan for business or pleasure. While in Michigan they are sometimes arrested for DUI. A frequent question for these Ohio drivers looking at a Michigan DUI conviction is “what will happen to my Ohio driver license? Like so many other issues involved with a Michigan DUI conviction, this is not such an easy question to answer. What follows are many issues and answers, and top Ohio DUI lawyer Tim Huey assisted in explaining Ohio DUI law.

Michigan’s Driver License Sanctions

The state of Michigan can only impose driver license sanctions applicable to your privilege to drive in Michigan. Accordingly, Michigan DUI law provides that for a Michigan DUI first offense the Michigan driver license sanction would be either a 180 day suspension (for an OWI/DUI/OUIL/UBAL “intoxicated” driving) or a 90 day suspension (for an OWVI – “impaired” driving).

A Michigan intoxicated driving conviction will cause a “hard” 30 day suspension, after which you would be eligible in Michigan for a restricted license after the first 30 days. With a Michigan conviction for impaired driving you will have a restricted license the whole time.