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

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.

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).

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.”

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.

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.

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.

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.

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.

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.

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.

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

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.

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

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.

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

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.

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.

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.

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

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

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

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

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

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.

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

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

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.

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

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.

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

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

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.

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

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

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

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

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

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

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

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

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

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

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

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

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.

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.

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.

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.

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.