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Baldwin Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Baldwin Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • Serving Big Rapids, MI

  • Law Firm with 3 lawyers2 awards

  • The attorneys at King & King achieve the best possible legal solutions and results for our clients. Our success comes from a talented team of attorneys with integrity, vast legal... Read More

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Stephen R. King
DUI/DWI Lawyer
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  • 200 S. Charles St., White Cloud, MI 49349

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  • 110 Elm St., Ste. B, Big Rapids, MI 49677

  • 211 Maple St., Big Rapids, MI 49307

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Commonly Asked DUI/DWI Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

How do I get my license back after I was arrested for a DUI in Michigan 10 years ago?

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Answered by attorney Cindy Mannon (Unclaimed Profile)
DUI/DWI lawyer at Cindy Mannon, Attorney at Law
You won't get license until you clear up 10 year old problem, as I am almost certain that there is a flag on your Master Driving Record, which shows that is an unresolved drunk driving case out there. I suppose you have gone to the Secretary of State and have been denied? Even though your MI Master driving record will only go back 10 years, the Secretary of State most likely will know you are not eligible until that "flag" comes off and the only way is to go back to Court (preferably with an attorney) get the bench warrant off you (which is probably still there) and deal with it.
You won't get license until you clear up 10 year old problem, as I am almost certain that there is a flag on your Master Driving Record, which shows that is an unresolved drunk driving case out there. I suppose you have gone to the Secretary of State and have been denied? Even though your MI Master driving record will only go back 10 years, the Secretary of State most likely will know you are not eligible until that "flag" comes off and the only way is to go back to Court (preferably with an attorney) get the bench warrant off you (which is probably still there) and deal with it.
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Is a prescription enough to drop a DUI case?

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Answered by attorney Stephen Lewis Freeborn (Unclaimed Profile)
DUI/DWI lawyer at Freeborn Law Offices P.S.
No. A DUI is not limited to alcohol (which by the way is also "legal"). The issue in a DUI is whether or not you were operating a motor vehicle while under the influence of alcohol or drugs. The legality of the alcohol or drugs is irrelevant. In your instance, you are not going to be offered a breath test because, the breath test only measures alcohol. By refusing a blood draw, you may well have lost your license for one year even if you are found not guilty of the DUI. This is what is called the implied consent law it is a privilege to drive not a right. As such, when you receive your drivers license, you give the "implied consent" that if an officer makes a valid stop and has probable cause to believe that you are under the influence and you refuse the test, then the Department of License can suspend your license. My advice: hire an attorney.
No. A DUI is not limited to alcohol (which by the way is also "legal"). The issue in a DUI is whether or not you were operating a motor vehicle while under the influence of alcohol or drugs. The legality of the alcohol or drugs is irrelevant. In your instance, you are not going to be offered a breath test because, the breath test only measures alcohol. By refusing a blood draw, you may well have lost your license for one year even if you are found not guilty of the DUI. This is what is called the implied consent law it is a privilege to drive not a right. As such, when you receive your drivers license, you give the "implied consent" that if an officer makes a valid stop and has probable cause to believe that you are under the influence and you refuse the test, then the Department of License can suspend your license. My advice: hire an attorney.
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Are breathalyzer results always reliable?

Gregory Casale
Answered by attorney Gregory Casale (Unclaimed Profile)
DUI/DWI lawyer at Gregory Casale, Attorney at Law
Breath Test machines are just like any other machine. They are subject to error just like the coke machine that eats your dollar and your computer when the screen freezes. If your wife only had one drink, unless she is about 60lbs or the drink came in a bucket, the machine was not providing an accurate reading. With you as a witness to what she drank, we could certainly challenge the BT. In fact, I often demand that the DA produce test results for not only my client's results but from the previous 10 and the next 10 results as well to see if the machine was acting properly. You would be surprised at the results. There are ways to challenge a BT over .08%. Most often the public doesn't think it's possible, but it is in many cases.
Breath Test machines are just like any other machine. They are subject to error just like the coke machine that eats your dollar and your computer when the screen freezes. If your wife only had one drink, unless she is about 60lbs or the drink came in a bucket, the machine was not providing an accurate reading. With you as a witness to what she drank, we could certainly challenge the BT. In fact, I often demand that the DA produce test results for not only my client's results but from the previous 10 and the next 10 results as well to see if the machine was acting properly. You would be surprised at the results. There are ways to challenge a BT over .08%. Most often the public doesn't think it's possible, but it is in many cases.
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