Michigan Driving Under the Influence - DUI - Questionnaire

State:
Multi-State
Control #:
US-Q1012
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a DUI/DWI matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

License suspended for 6 months - no driving for the first 30 days, then a restricted license for the next 5 months (150 days). No interlock.

If a police officer asks you to take a field sobriety test after pulling you over, your decision about taking the field sobriety test is not mandatory in Texas. You have the right to refuse to participate in these tests.

Time Limit to Resolve Drunk Driving Cases in Michigan ing to a court statute that went into effect in 2006, all drunk driving cases must be resolved within 91 days.

Here are the rules for each test: Field sobriety tests ? Contrary to what many people believe, field sobriety tests are not mandatory. You are not required to take these voluntary tests, and you may want to politely refuse to take them if an officer asks you to step out of the vehicle.

Under the influence means that because of alcohol or a controlled substance or an intoxicating substance, the defendant's ability to operate a motor vehicle in a normal manner was substantially lessened.

A DUI/OWI in Michigan is typically a misdemeanor offense, punishable by jail time, fines, driver's license suspension, and other penalties. However, if you are charged with a third OWI after having been convicted of two prior drunk driving offenses in the past, it is considered a Class E felony.

Michigan is one of the few states in the country that has two DUI look-back periods. These periods are: Seven years: Once seven years pass after an individual's first DUI charge, the charge will no longer appear on their record. Therefore, prosecutors and other agencies cannot use that charge against individuals.

Michigan has a 7 year look-back period for a second offense and a lifetime look-back period for third and subsequent offenses (classified as a felony). Montana has a 10 year look-back period for a second offense and a lifetime look-back period for third and subsequent offenses.

Every DUI crime is penalized by license suspension, which is handed down by the SOS (Secretary of State). If you are a first-time offender and convicted of OWI, your license will be suspended for 30 days, followed by 150 days of restricted driving privileges.

Michigan also has a rule that gives individuals the right to be arraigned within 14 days of arrest. Additionally, the "77 day" rule requires that a pretrial be held within 35 days, and that your DUI case reach full resolution within 77 days.

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Michigan Driving Under the Influence - DUI - Questionnaire