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Cedarville Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Cedarville 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).
  • 409 Ashmun St., Ste. 208, Sault Ste. Marie, MI 49783

  • 31608 E. Tourist Rd., Drummond Island, MI 49726

  • Cheboygan, MI 49721

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  • 1010 S. Main St., Cheboygan, MI 49721

  • 521 Stempky, Cheboygan, MI 49721

  • 546 Ashmun Street, Sault Ste. Marie, MI 49783-2244

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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.

I’m on probation for a DUI I don’t have to report to a PO can I travel outside the US?

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Answered by attorney Mark A Manning (Unclaimed Profile)
DUI/DWI lawyer at Mark A. Manning, P.C.
If you are still under probation, you must comply with all the terms of your probation. Reporting to a probation officer may be satisfied, but the other conditions of probation would continue. Read your conditions of probation very carefully. Standard provisions usually are you do not go into a bar or tavern or places that serve alcohol, leave the State (which would include a trip to Mexico). The good news is I have found most probation offices are pretty good to work with regarding out of State travel, particularly for lower level crimes. Contact your probation officer, explain the trip to them and if you conditions of probation need to be amended to allow your trip ask that they please do so in writing and send a confirmation that the Court will amend the condition.
If you are still under probation, you must comply with all the terms of your probation. Reporting to a probation officer may be satisfied, but the other conditions of probation would continue. Read your conditions of probation very carefully. Standard provisions usually are you do not go into a bar or tavern or places that serve alcohol, leave the State (which would include a trip to Mexico). The good news is I have found most probation offices are pretty good to work with regarding out of State travel, particularly for lower level crimes. Contact your probation officer, explain the trip to them and if you conditions of probation need to be amended to allow your trip ask that they please do so in writing and send a confirmation that the Court will amend the condition.
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How can they use the results from a preliminary breath test and never administer a blood alcohol test at a hospital?

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Answered by attorney Cindy Mannon (Unclaimed Profile)
DUI/DWI lawyer at Cindy Mannon, Attorney at Law
You must have given a datamaster test at the jail. They can use those results and charge you with OWI. On the back of your refusal it states that you can within 14 days send a letter to the DAAD/AHS for a hearing on the PBT refusal. If the officer shows, you will probably lose. If the officer does not show, you will not lose your license. If the officer shows, you can go to Circuit Court and ask for a hardship license. They are not required by law to take you to a hospital if you took the datamaster test at the jail. You could have asked to be taken to the hospital, at your own expense, for a blood test. Hire an attorney or take a court appointed one because you will need one; however a court appointed attorney will not go to Circuit Court for a hardship license and it is too complicated to do it yourself.
You must have given a datamaster test at the jail. They can use those results and charge you with OWI. On the back of your refusal it states that you can within 14 days send a letter to the DAAD/AHS for a hearing on the PBT refusal. If the officer shows, you will probably lose. If the officer does not show, you will not lose your license. If the officer shows, you can go to Circuit Court and ask for a hardship license. They are not required by law to take you to a hospital if you took the datamaster test at the jail. You could have asked to be taken to the hospital, at your own expense, for a blood test. Hire an attorney or take a court appointed one because you will need one; however a court appointed attorney will not go to Circuit Court for a hardship license and it is too complicated to do it yourself.
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If I got a DUI about 15 yrs ago, is that considered a 'Misdemeanor" or "Felony"?

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Answered by attorney Terry Alan Nelson (Unclaimed Profile)
DUI/DWI lawyer at Nelson & Lawless
It isn't considered anything without knowing the conviction charges. With an accident it would likely have been a felony. Otherwise a misdemeanor.
It isn't considered anything without knowing the conviction charges. With an accident it would likely have been a felony. Otherwise a misdemeanor.