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South Range Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
South Range 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).
  • 400 E. Houghton Avenue, Houghton, MI 49931+1 location

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  • At Numinen, DeForge & Toutant, P.C., our team of trial-tested lawyers has delivered premier legal counsel for more than 25 years. When our clients are facing a difficult moment in... Read More

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Keith DeForge
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  • 302 W. Sharon Ave., Houghton, MI 49931-1909

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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 was convicted of OWVI (impaired) first offense in Michigan in June 2005. What are my options for expungement and obtaining a liquor license?

John W. Havins
Answered by attorney John W. Havins (Unclaimed Profile)
DUI/DWI lawyer at Havins & Associates, PC
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  
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  
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Is it legal to add my insurance rates because of my boyfriend’s records?

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Answered by attorney Michael B Dungan (Unclaimed Profile)
DUI/DWI lawyer at Dungan, Lady & Dunga, PLLC
Make him an "excluded driver" on your policy, which means you are promising to never let him drive that car, that way, his record will not be held against you in calculating your insurance rate. Be very aware, if you do that, and you do let him drive the car, nothing that happens will be covered by insurance, that is the trade off. If your insurance company still gives you a hard time, shop around, don't be loyal, you get nothing in return from insurance companies from being loyal to them, they are a dime a dozen, and they all suck.
Make him an "excluded driver" on your policy, which means you are promising to never let him drive that car, that way, his record will not be held against you in calculating your insurance rate. Be very aware, if you do that, and you do let him drive the car, nothing that happens will be covered by insurance, that is the trade off. If your insurance company still gives you a hard time, shop around, don't be loyal, you get nothing in return from insurance companies from being loyal to them, they are a dime a dozen, and they all suck.
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What can I do about my DUI on December 11 2010 that just now gone through apparently?

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Answered by attorney John F Brennan (Unclaimed Profile)
DUI/DWI lawyer at Musilli Brennan Associates, PLLC
I would suggest that you immediately engage in attorney, defend yourself to the point a you are able to do so and most certainly respond to the current court summons. You should try to make it clear to the court that you did not receive any previous notice, and any proof you might have that you were contacting record in the past would be helpful. There are really very few things which upset a court more than coming to the conclusion that they are being ignored.
I would suggest that you immediately engage in attorney, defend yourself to the point a you are able to do so and most certainly respond to the current court summons. You should try to make it clear to the court that you did not receive any previous notice, and any proof you might have that you were contacting record in the past would be helpful. There are really very few things which upset a court more than coming to the conclusion that they are being ignored.
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