Drunk Driving Michigan

Michigan DUI Attorney Patrick Barone answers the question of what to do if pulled over and suspected of drunk driving/DUI.

Michigan attorney Daniel L. Buckfire has devoted his career to representing individuals who have suffered serious injuries in car, truck and motorcycle accidents. He is recognized as a legal expert throughout the State of Michigan on motor vehicles and cases involving Michigan No-Fault Insurance Benefits.

Mr. Buckfire is frequently invited to speak to other lawyers from all over the State of Michigan and to share his knowledge on the complex Michigan No-Fault Insurance Act. He has a tremendous track record of success in obtaining substantial jury verdicts and settlements for his clients.

This book is written in plain English to educate individuals and their family members about their legal rights if they are injured in a motor vehicle accident with a drunk driver. For more information about auto accident injury and insurance claims, visit the website of Buckfire & Buckfire, P.C. at www.BuckfireLaw.com.

The Michigan Drunk Driving Accident Book

First, some background. Presently, individuals who receive two or more alcohol convictions are penalized with revoked licenses. Generally, an individual who receives two Michigan DUIs would receive a one-year revocation and an individual who receives three or more DUIs would receive a five-year revocation. Individuals that have a revoked license are not able to drive. Further, an individual with a revoked license is unable to petition the court for a restricted license. Instead, individuals have to wait until the revocation period ends and Appeal to the Driver’s Assessment and Appeal Division of the Secretary of State for reinstatement of their driving privileges.

This is where the new law provides potential relief.  The new law would allow a person to receive a restricted license after a 45-day suspension if the person is admitted to a DWI/sobriety court program and the person installs an ignition interlock device. Further, the judge would have to certify to the Secretary of State that both of these conditions have been met.

If given a restricted license while in a sobriety court program, one would be able to drive to and from any combination of the following locations:  your home, work, school and an alcohol or drug education or treatment program ordered by the court.

In order to get an unrestricted license - the full driver’s license, you would ultimately have to be approved by a hearing officer at the Drivers Assessment and Appeal Division of the Secretary of State. This would require attending a hearing (which is similar to a trial) in front of the hearing officer who would ultimately decide whether or not you will receive a full drivers license. At this hearing, you would testify, submit proofs such as treatment records, AA sign in sheets, letters of sobriety and a substance abuse evaluation in order to prove that you are sober and likely to remain that way into the future.

Disclaimer: The information you obtain in this article is not, nor is it intended to be, legal advice nor the formation of an attorney — client relationship. You should consult a Michigan traffic lawyer for individual advice regarding your own situation.

Originally published here.