Questions & Answers

You have questions. The right answers come with experience.

What happens when a driver who has been arrested for drunk driving refuses to take the “breath test” at the officer’s request?
Like virtually all states, Michigan has an implied consent statute that requires drivers to take a chemical test at the request of a police officer following an arrest for drunk driving. If the driver refuses to take the test, his or her operator’s license will be suspended for one year for a first refusal and two years for a second or subsequent refusal. If you have refused the test, you have 14 days from the date of the arrest to file your appeal and request a hearing. If you fail to file a timely request for hearing, your license will be automatically suspended.

Is possible to avoid the one-year license revocation for a second drunk driving conviction?
No. Following a second conviction for drunk driving the defendant must serve a one-year revocation period. The courts have no authority to modify the period of revocation.

Will I go to jail if I am convicted on a first offense drunk driving?
It all depends. The court has the authority to sentence up to 93 days in jail on a first offense. Historically, most first time offenders were placed on probation with no jail time. However, some judges now routinely impose jail on a first offense. It really depends on the judge and the circumstances of the individual case.

I was arrested for OWI after being stopped on the basis of a 911 phone call. Is that legal?
Possibly. Each case involving a stop and arrest based upon a 911 phone call presents many possible defenses. For example, if the arresting officer did not personally observe any erratic driving and the 911 caller refused to give his or her name, there may be a basis to challenge the legality of the stop.

Is it legal for the police to force me to submit to a blood test if I refuse to consent to any chemical tests?
Yes, if the proper procedures are followed. Under Michigan law, a police officer may obtain a blood test pursuant to a valid search warrant. However, in the appropriate case, the validity of the warrant may be challenged. A successful challenge could result in the dismissal of the charges or, at the very least, result in a more favorable disposition of the case.

What are the driver responsibility fees in OWI/DUI cases?
A person convicted of OWI must pay an additional fee to the state of $1,000 each year for 2 consecutive years. A conviction for operating while visibly impaired (OWVI) requires payment to the state of $500 each year for two consecutive years.

Are the results of the Preliminary Breath Test admissible in court?
Yes, under certain conditions. Michigan law permits a police officer to require that a person submit to a Preliminary Breath Test (PBT) if he or she has reasonable cause to believe the driver’s ability to operate the vehicle was affected by the consumption of alcohol. While the PBT is not admissible by the prosecution at trial to prove intoxication, it may be admissible by the defense to rebut testimony that the accused’s BAC was higher at the time of the arrest than at the time the evidential breath or blood test was administered. Also, the results may be offered by the prosecution to rebut defense testimony from a prosecution witness that the accused’s BAC was lower at the time of the arrest than when the chemical test was administered.

How long does a DUI conviction stay on my Michigan record?
In Michigan a DUI conviction stays on your record for life. A DUI in Michigan is a misdemeanor, unless it is a third offense, in which case it is a felony.

Can I have my drunk driving conviction set aside or expunged?
No. Michigan statutes prevent a person from having a conviction for a traffic offense, including any drunk driving conviction, set aside or expunged.

If I had a drunk driving (DUI / DWI / OUIL / OWI / UBAL / OUID) conviction in another state, will it show up in Michigan?
Yes. It’s not uncommon for drunk driving convictions from other states to show up in a computer search when the prosecutor is preparing a case. The Secretary of State may also gain access to these records. It’s the role of an experienced DUI attorney to thoroughly prepare when establishing a defense strategy. Be sure to inform your lawyer of all past charges, but be assured that this information will not be shared unless ethically or strategically necessary. It is important for your defense attorney to be prepared to address the issue of out-of-state convictions should the prosecutor present it in court.

How will an OWI / DUI arrest and conviction affect me if I'm licensed from out-of-state?
If you are a nonresident and arrested while driving in Michigan, you will be required to appear at your scheduled arraignment, which will be in Michigan. It is advised that you be accompanied and represented by an attorney who is licensed to practice in the state of Michigan. If you fail to appear, a bench warrant will be issued for your arrest. If you are convicted of drunk driving in the state of Michigan, Michigan cannot suspend your out-of-state license. Only your home state can order a license suspension. However, Michigan can suspend your privilege to drive in the state of Michigan.

I’ve just been arrested on my first OWI charge. What happens now?
Following your arrest a date for your arraignment will be set, usually about a week to 10 days after your arrest. It is advisable to engage an attorney with experience defending against alcohol and drug related charges soon after your arrest to allow review of your case before the arraignment. You may read more about the DUI Court Process on this website.

How much is it going to cost me to hire an attorney to defend me against my charges?
Most cases are handled on a flat fee basis, which means the client is charged a single fee for all professional services rendered in defending the charge through a certain stage in the proceeding. However, the fees associated with defending drunk driving prosecutions vary depending on the circumstances of the individual case. Some cases may require that clients be billed on an hourly basis. An hourly fee arrangement may be appropriate where the circumstances of the case require significant administrative proceedings and/or extensive pre-trial discovery and motion practice. Edward Duke provides his clients with an estimate once he has an initial consultation about the case. You may read more about Fees & Services on this website.

Does my employer have to find out about this arrest?
No. You are under no legal obligation to inform your employer about your arrest or conviction. The court will not notify your employer of your conviction. However, local newspapers have been known to publish court records, which have included lists of names and convictions. Your employer may find out through a published list or anecdotally, but there is no requirement in Michigan that you report your arrest or conviction to a current or future employer.

Contact Edward Duke, Michigan DUI Attorney, to discuss the details of your case.

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