Fort Gratiot, MI DUI and OWI Law Firms & Lawyers

Secretary of State - DAAD does not have access to a database of the names of those with MMMA cards. Although, you will swear an oath to tell the truth prior to being questioned, and you will probably be asked whether you have an MMMA card, and most certainly will be asked about your last use of any controlled substance.

Depending on your prior driving record and whether you have any prior drinking and driving offenses it may be possible for you to work out a plea agreement that would lessen amount of points you receive and permit you to get a restricted license to drive. The police have a witness that observed and reported your errant driving that I am sure they would subpoena if you were to have a trial in this case. While you may think that the police have no solid evidence the observations of the person that called the police would in my opinion outweigh the fact that you didn't admit the driving and the fact that you failed the on site sobriety test and had a higher than .08 blood alcohol content would probably be admitted into evidence in most Michigan courts and would in my opinion outweigh any evidence you could produce that you were not drinking and driving. You need to hire an experienced attorney that defends Drinking and Driving cases and follow his advice. It may be necessary for you to take some mitigating action while the case is pending including alcohol screening, counseling and attendance at AA meetings if you have a history of drinking and driving offenses. The final problem you will have to deal with is the Secretary of State who administers the driving privilege licensing. If you are convicted of a drinking and driving offense or plead guilty, they will want to suspend your license and they have penalty provisions that must be satisfied to obtain a license in the future.

You asked: I was convicted of OWVI (impaired) first offense in Michigan in June 2005. What are my options for expungement and obtaining a liquor license?Additional Details:My lawyer who plead it down from intoxicated told me it would be sealed after seven years, but would reappear if I was arrested for or convicted of an additional alcohol-related misdemeanor. Is this true? If not, what are my options? Also, define "sealed"? Would I have to admit to it if I am asked during jury duty selection, for example? I haven''t had any incidences since then; haven''t even been pulled over. How does a OWVI affect my ability to obtain a liquor license in Michigan? How do the liquor license laws in Michigan compare to other states in this regard, roughly? Thank you for your help. Operating While Intoxicated and Operating While IMpaired are both considered misdemeanors and traffic offenses.  Michigan does not permit the expungement or setting aside traffic offenses, therefore, neither of these crimes can be taken off of your record.  Normally, criminal cases are not "sealed."  I can speculate that your attorney may have been indicating that after 7 years, an OWI or IMpaired conviction cannot be used to enhance a new charge to a 2nd offense.  The law has changed, and now permits prior convictions for OWI and Impaired to be used any time to enhance a new charge to OWI 3rd, which is a felony.  IN order to know whether your case was "sealed," you should call the district court where your conviction took place, and ask the Clerk.  Sealing a case does not expunge or set it aside; therefore, if you are properly asked if you have ever been convicted of a drunk driving offense or a misdemeanor, the proper answer is, "Yes." I am unable to answer your question about a Liquor LIcense.  I would suggest your call the Liquor Control Commission. Stu Shafer