Articles Posted in DUI

Short Answer: A substance use evaluation is a clinical assessment conducted by a qualified professional to determine whether a person has an alcohol or drug use disorder and whether treatment would be beneficial. In a Michigan DUI case, an independent evaluation may also help with plea negotiations and sentencing. Obtaining the evaluation early gives the client time to begin any recommended treatment and establish a record of progress before the case reaches sentencing.

Being arrested for drunk driving does not necessarily mean that someone has an alcohol use disorder. An arrest may raise legitimate questions about a person’s relationship with alcohol, but answering those questions requires more than a review of the police report, chemical test results and prior record. A qualified evaluator considers the person’s drinking history, health, personal circumstances, and other clinical information before reaching a conclusion.

At the Barone Defense Firm, we frequently recommend a private substance use evaluation early in the representation. The evaluation can help us understand whether treatment would be appropriate and, when necessary, begin developing a sentencing mitigation strategy. It may also help the client recognize and address problems that extend beyond the criminal case.

For most people facing criminal charges in Michigan, their first court appearance is an arraignment, a proceeding that places them in an unfamiliar and often intimidating world. The language and rules are foreign, and the proceedings seem governed by customs everyone understands except them.

What makes the experience particularly frightening for our clients is finding themselves there as a criminal defendant, a role is usually profoundly inconsistent with your sense of who you are. Although an arraignment may last only a few minutes, what happens can have significant consequences for the rest of your case.

A Michigan criminal arraignment serves several purposes. It provides formal notice of the criminal accusation, establishes the conditions of any applicable bond, and in the most serious felonies, also involves a decision about whether the accused will remain in custody or be released while the case proceeds. For someone charged with drunk driving, a firearm offense, a sex crime, or another Michigan criminal offense, understanding this first step can reduce uncertainty and help avoid mistakes.

Clients often ask how long it takes for DUI charges to be filed after an arrest in Michigan. There is no single number of days that applies to every case. Some Michigan DUI cases move into court almost immediately, while others can remain in the period between arrest and formal charging for weeks or longer, particularly when the prosecutor is waiting for a blood or toxicology result.The important point is that being released without a ticket, court date, or immediate charge does not mean the case has gone away. In Michigan, the statutory term for DUI is operating while intoxicated, or OWI, and the procedure used to begin an OWI case depends on how the police and prosecutor proceed after the arrest.

What Happens After a Michigan DUI Arrest?

A fatal intoxicated-driving crash can expose a driver to one of Michigan’s most serious felony prosecutions. But the fact that alcohol or drugs were involved, even when combined with a death, does not automatically transform an OWI causing death case into second-degree murder.

Short Answer

In a Michigan DUI causing death case, the prosecution must prove more than intoxication and a fatal collision. Michigan law formally calls the offense OWI causing death, but DUI is the term most people use to describe impaired-driving charges. The prosecution must prove that the defendant’s operation of the vehicle was both a factual and a proximate cause of the death. When another driver’s conduct, excessive speed, intoxication, road conditions, mechanical failure, or another intervening event materially contributed to the collision, proximate cause can become a central issue.

 
Proximate cause in a Michigan DUI causing death case is a separate legal issue from whether the accused was intoxicated. A blood or breath result may bear on the DUI allegation, but it does not by itself establish how a fatal collision occurred or whether the defendant’s operation legally caused the death.

Michigan OWI for Sales Professionals: Job and License Risks

Michigan OWI for sales professionals can create career problems that go beyond court, fines, probation, or possible jail. If your job depends on driving to client meetings, maintaining a company car, passing motor vehicle record checks, or covering a sales territory, an OWI charge can threaten your mobility, reputation, and employment before the criminal case is finished.

Quick Answer: Can a Michigan OWI Affect a Sales Career?


When someone is charged with a first-offense OWI under MCL 257.625, the question of whether to hire a defense attorney is, in practical terms, not a question at all. Because the charge carries up to 93 days in jail, the Sixth Amendment right to counsel attaches to every such prosecution.

While a defendant may theoretically waive that right, Michigan courts actively discourage waiver in OWI cases and grant it only in rare circumstances, and when a waiver is granted, the defendant is held to precisely the same standard as a licensed attorney: full knowledge of the law, the Michigan Rules of Evidence, the Michigan Court Rules, and the customs and protocols of the court.

In over thirty years of practice, the attorneys at the Barone Defense Firm have seen self-representation in a Michigan OWI case succeed almost never. The real question is not whether counsel is required, but what a skilled first offense OWI attorney can accomplish that no defendant standing alone realistically can.

Commercial drivers spend years building careers that depend on skill, responsibility, and a clean driving record. When a Michigan OWI charge enters the picture, the risk is not limited to fines, probation, points, or possible jail. For CDL holders, an OWI can threaten the ability to drive commercially, maintain employment, qualify for insurance coverage, and continue working in the trucking industry.At Barone Defense Firm, we defend commercial drivers throughout Michigan and understand that a CDL OWI case has two tracks: the criminal case and the separate licensing consequences that may affect your ability to work. This article explains what Michigan OWI means for CDL holders, how a DUI can affect a commercial driver’s license, and what steps may help protect your trucking career.

Quick Answer: What Happens to a CDL After a Michigan OWI?

A Michigan OWI can disqualify a CDL holder from operating a commercial motor vehicle for at least one year, even if the arrest happened in a personal vehicle. If the driver was operating a commercial motor vehicle with a BAC of 0.04% or more, refused a required alcohol test, or was convicted of an alcohol-related driving offense, CDL disqualification may apply. A first major offense generally carries a one-year commercial driving disqualification. If hazardous materials were involved, the disqualification period can increase to three years. A second separate major offense can result in lifetime CDL disqualification, with limited possible reinstatement after 10 years in some cases.

Michigan OWI for financial professionals can create problems that extend far beyond court. For financial advisors, brokers, investment adviser representatives, CFP professionals, CPAs, insurance producers, bankers, executives, and other financial professionals, the criminal case is only one part of the risk. The larger concern may be disclosure, licensing, employment, client trust, background checks, travel restrictions, and long-term reputational harm.

A first-offense Michigan OWI does not automatically end a financial professional’s career, but it can create serious professional consequences. The impact depends on the exact charge, whether the case is a misdemeanor or felony, the person’s license or registration, employer policies, aggravating facts, and whether any required disclosure is made accurately and on time. The most important step is to defend the criminal case while also identifying every professional reporting obligation before a missed deadline or inconsistent statement becomes a separate problem.

Michigan OWI for financial professionals affecting licensing and career consequencesFor many financial professionals, the OWI charge is the first time they have ever been treated as a criminal defendant. They may be embarrassed, anxious, and afraid that one incident will redefine a lifetime of professional achievement. A good defense should address those fears directly while building a practical plan for the court case, the license issues, and the professional narrative.

Bond conditions are the rules a person must follow while released from custody during a Michigan criminal case. These conditions are separate from the amount of money, if any, that must be posted for release. A person may be released on a personal bond, cash bond, 10% bond, or surety bond and still be required to follow strict pretrial release conditions.

In Michigan, bond conditions can affect work, travel, family contact, alcohol or drug testing, firearm possession, treatment, driving, and ordinary daily life. For that reason, a person facing prosecution should speak with a Barone Defense Firm attorney as early as possible so that bond conditions can be addressed before arraignment or the first court appearance.

What Are Bond Conditions in a Michigan Criminal Case?

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