Criminal Law FAQs – Drunk and Disorderly

Criminal Law FAQs – Drunk and Disorderly

Jun 3, 2025 | FAQs, Michigan Laws

Michigan Criminal Laws FAQs

Drunk and Disorderly

According to Michigan State Law (Michigan Compiled Laws – MCL), there isn’t a specific statute that solely defines “Public Drunkenness” as a statewide criminal offense in the same way some other states might have a dedicated “drunk and disorderly” law.

However, conduct associated with public intoxication can be addressed under various laws, primarily Disorderly Conduct and local ordinances.

MCL 750.170 (Disorderly Person) prohibits certain behaviors in public that are considered disruptive or offensive. While not exclusively targeting intoxication, this statute can be applied to individuals who are intoxicated in public and engage in behaviors such as:

  • Being drunk and endangering the safety of another person or property.
  • Engaging in indecent, obscene, or disorderly conduct in a public place.
  • Accosting, insulting, accosting, or following any person in any public place or on or near any street or highway.
  • Engaging in any window peeping.
  • Loitering in any place of public resort so as to impede the lawful business carried on by the owner or operator thereof or so as to disturb other persons lawfully in such place.
  • Jostling or roughly crowding or pushing any person in a public place.

This charge can quickly compound into multiple felonies including assault, resisting and obstructing as well as whatever they feel like throwing on.

FAQ 1: Does Michigan have a specific law against being drunk in public?

No, Michigan does not have a specific statewide law that solely criminalizes being intoxicated in public. However, Disorderly Person (MCL 750.170) can be used to charge individuals who are intoxicated in public and engage in disruptive or dangerous behaviors, such as endangering themselves or others, being indecent, or disturbing the peace. Additionally, many local municipalities may have ordinances that address public intoxication or related conduct.

FAQ 2: What are the potential penalties for a Disorderly Conduct conviction under MCL 750.170?

A conviction for being a Disorderly Person under MCL 750.170 is generally a misdemeanor. The potential penalties can include:

  • Jail Time: Up to 90 days.
  • Fines: Up to $500.
  • Court Costs: Additional fees associated with the court proceedings.
  • Community Service: The court may order the individual to perform community service.

Local ordinances may have different penalty structures, but they generally align with misdemeanor-level punishments.

FAQ 3: Can I be arrested simply for being drunk in public in Michigan?

You are generally not supposed to be arrested solely for being intoxicated in public in Michigan, unless your intoxication leads to behaviors that violate the Disorderly Conduct statute or a local ordinance. Law enforcement often has the discretion to address public intoxication through other means, such as providing transportation to a safe place (e.g., a detoxification center or home) if the individual is not a danger to themselves or others and is cooperative. However, if your intoxication is accompanied by disruptive, dangerous, or offensive behavior, an arrest for Disorderly Conduct (or a similar local charge) is likely.

FAQ 4: What factors do law enforcement consider when deciding whether to arrest someone for public intoxication-related conduct in Michigan?

Law enforcement officers typically consider several factors when deciding how to handle a situation involving public intoxication:

  • Danger to Self or Others: If the intoxicated person is a threat to their own safety (e.g., unable to care for themselves, at risk of injury) or the safety of others.
  • Disruptive Behavior: If the person is engaging in loud, aggressive, indecent, or otherwise disruptive conduct that disturbs the peace.
  • Public Nuisance: If the person’s intoxication is creating a significant public nuisance or impeding lawful activities.
  • Cooperation: Whether the intoxicated individual is cooperative with officers or is resisting or belligerent.
  • Availability of Alternatives: Whether there are safe alternatives to arrest, such as transportation to a sober friend or family member, or a detoxification facility.
  • Local Ordinances: Specific local laws regarding public intoxication or related conduct in that jurisdiction.

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FAQ 5: What are some potential legal defenses against Disorderly Conduct charges related to public intoxication in Michigan, and how is Komorn Law experienced in fighting these types of charges?

Several potential legal defenses can be raised against Disorderly Conduct charges stemming from public intoxication in Michigan:

  • Lack of Public Place: Arguing that the alleged conduct did not occur in a “public place” as defined by law or ordinance.
  • No Endangerment or Disturbance: Demonstrating that the intoxication did not lead to any actual endangerment of oneself or others, nor did it create a significant disturbance of the peace.
  • First Amendment Rights: In some limited cases, arguing that the conduct was protected speech or expression and did not rise to the level of disorderly conduct.
  • Illegal Stop or Arrest: Challenging the legality of the initial police interaction or the arrest if there was no lawful basis for it.
  • Insufficient Evidence: Arguing that the prosecution lacks sufficient evidence to prove beyond a reasonable doubt that the individual engaged in the specific prohibited behaviors outlined in the statute or ordinance.
  • Medical Conditions: Presenting evidence of a medical condition that may have been mistaken for intoxication or contributed to the behavior.

Komorn Law has extensive experience in defending individuals against various misdemeanor charges in Michigan, including Disorderly Conduct offenses that may arise from situations involving public intoxication. Their attorneys are skilled at:

  • Thoroughly investigating the facts of the arrest, including reviewing police reports, witness statements, and any available video evidence.
  • Identifying potential weaknesses in the prosecution’s case, such as lack of evidence of disruptive behavior or an unlawful stop.
  • Protecting your constitutional rights throughout the legal process.
  • Negotiating with prosecutors for potential plea bargains or reduced charges.
  • Vigorously representing clients at trial when necessary, presenting compelling defenses to the court.
  • Understanding local ordinances that may apply in addition to state law.

If you or someone you know is facing Disorderly Conduct charges related to public intoxication in Michigan, contacting the experienced legal team at Komorn Law can provide crucial support and a strong defense to protect your rights and minimize potential penalties.

Facing a Drunk and Disorderly or Public Intoxication charge in Michigan?

sFacing those charge in Michigan can have serious consequences affecting your driving privileges, job, finances, and even your freedom. It’s crucial to understand your rights and explore all available legal options.

Contacting an experienced criminal defense attorney as soon as possible is essential. At Komorn Law, our attorneys have a deep understanding of Michigan’s laws and can provide you with a strong defense to protect your rights and future. Call 248-357-2550

Komorn Law

Any and All Crimes – Better Call Komorn

248-357-2550

Komorn Law
Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Criminal Law FAQs – Drinking Alcohol or Smoking Marijuana and Driving

Criminal Law FAQs – Drinking Alcohol or Smoking Marijuana and Driving

Jun 2, 2025 | FAQs, Michigan Laws

Michigan Criminal Laws FAQs

Operating a Motor Vehicle Under The Influence

Walking is cool… For fun and excercise. Not because you lost your license. Don’t do the crime if you can’t pay the price. But if you do get charged with a crime. Better Call Komorn to fight for your rights.

Drinking alcohol or smoking marijuana and driving in Michigan is extremely dangerous and illegal due to the significant impairment these substances cause to a driver’s ability to operate a vehicle safely. Here’s why:

  • Impaired Judgment: Both alcohol and marijuana affect judgment, leading to poor decision-making behind the wheel, such as misjudging distances, speed, and traffic situations.
  • Reduced Reaction Time: These substances slow down a driver’s reaction time, making it difficult to respond quickly to unexpected hazards, pedestrians, or changes in traffic flow.
  • Decreased Motor Skills and Coordination: Alcohol and marijuana impair motor skills and coordination, affecting steering, braking, lane keeping, and overall vehicle control.
  • Altered Perception: Marijuana can distort time and distance perception, making it challenging to judge safe following distances and the speed of other vehicles. Alcohol also affects vision and spatial awareness.
  • Increased Risk of Accidents: The combination of these impairments significantly increases the risk of being involved in a traffic accident, potentially leading to serious injuries or fatalities for the driver, passengers, and other road users.
  • Legal Consequences: Driving under the influence of alcohol or marijuana in Michigan carries severe legal penalties, including fines, license suspension, jail time, and a criminal record.

FAQ 1: What is the legal blood alcohol content (BAC) limit for driving in Michigan, and what are the legal limits for marijuana?

In Michigan, the legal BAC limit for drivers 21 years or older is 0.08%. For drivers under 21, there is a “zero tolerance” law, meaning any measurable amount of alcohol can lead to a violation.

For marijuana, Michigan law prohibits driving with any amount of detectable THC (the psychoactive component of marijuana) in your system while operating a vehicle. Unlike alcohol, there isn’t a specific numerical threshold for THC. If law enforcement detects any amount of THC in your blood, you can be charged with Operating While Impaired by Marijuana (OWIM).

(Reference: MCL 257.625)

FAQ 2: What are the potential penalties if I am caught driving under the influence of alcohol or marijuana in Michigan?

The penalties for driving under the influence (DUI) of alcohol or marijuana in Michigan vary depending on the number of prior offenses and the specific circumstances of the case. Potential penalties for a first offense include:

  • Fines: Up to $500 for OWI (alcohol) and up to $500 for OWIM (marijuana).
  • Jail Time: Up to 93 days.
  • License Suspension: Up to 180 days (with a restricted license possible after 30 days).
  • Driver Responsibility Fees: $125.
  • Community Service: Possible.
  • Substance Abuse Evaluation and Treatment: Required.

Penalties increase significantly for second and subsequent offenses, including longer jail sentences, higher fines, longer license revocations, vehicle immobilization, and potential felony charges.

(Reference: MCL 257.625)

FAQ 3: Can I refuse a breathalyzer or blood test if I am suspected of DUI in Michigan?

Under Michigan’s implied consent law (MCL 257.625a), by operating a vehicle on public roads, you are deemed to have given your consent to submit to a preliminary breath test (PBT) at a traffic stop if lawfully detained for suspicion of drunk driving. Refusal to take a PBT can result in a civil infraction and fines.

For evidentiary breath or blood tests at a police station or hospital, refusal can lead to an automatic one-year suspension of your driver’s license (two years for a second refusal within seven years), even if you are not ultimately convicted of DUI. There are limited exceptions to this, such as a valid medical reason.

FAQ 4: What are some common roadside sobriety tests used by Michigan law enforcement, and are they mandatory?

Michigan law enforcement officers often use Standardized Field Sobriety Tests (SFSTs) during traffic stops where DUI is suspected. These typically include:

  • Horizontal Gaze Nystagmus (HGN): Following a moving object with your eyes to check for involuntary jerking.
  • Walk and Turn: Walking heel-to-toe along a line, turning, and walking back.
  • One-Leg Stand: Standing on one leg while counting.

While officers may request you to perform these tests, you are generally not legally required to take them under Michigan law. Refusal to take SFSTs does not carry the same license suspension penalties as refusing an evidentiary breath or blood test. However, officers can still use your refusal and their observations of your demeanor and driving to establish probable cause for an arrest and a subsequent request for an evidentiary test.

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FAQ 5: What are some legal defenses against DUI charges involving alcohol or marijuana in Michigan, and how is Komorn Law experienced in fighting these types of charges?

There are several potential legal defenses that an experienced attorney can explore when fighting DUI charges involving alcohol or marijuana in Michigan. These defenses often focus on challenging the legality of the stop, the procedures used during the investigation, and the accuracy of the evidence presented:

  • Illegal Stop: Arguing that the police officer lacked reasonable suspicion to initiate the traffic stop in the first place.
  • Improper Administration of Field Sobriety Tests: Challenging whether the SFSTs were administered correctly according to standardized procedures, which can affect their reliability as evidence of impairment.
  • Challenges to Breathalyzer or Blood Test Procedures: Questioning the calibration and maintenance of breathalyzer machines or the chain of custody and testing procedures for blood samples. This can involve scrutinizing logbooks, certifications, and the qualifications of the technicians.
  • Medical or Physical Conditions: Presenting evidence that a medical condition or physical limitation (unrelated to impairment) could have affected performance on field sobriety tests or the accuracy of breathalyzer results (e.g., GERD).
  • Rising Blood Alcohol Defense: In alcohol cases, arguing that your BAC was below the legal limit while driving but rose above it by the time the breath or blood test was administered.
  • Lack of Probable Cause for Arrest: Asserting that the officer did not have sufficient probable cause to make the arrest for DUI, even if a test was eventually administered.
  • Challenges to Marijuana Testing: Arguing that the presence of THC in blood doesn’t necessarily equate to current impairment, as THC can remain in the system for days or even weeks after use. Attorneys may challenge the lack of a specific legal impairment threshold for marijuana and the correlation between THC levels and actual impairment.

Facing charges for driving under the influence of marijuana or alcohol in Michigan?

Komorn Law has extensive experience in defending individuals charged with DUI offenses involving both alcohol and marijuana in Michigan. Their attorneys are knowledgeable about the nuances of Michigan DUI laws, the scientific principles behind breath and blood testing, and the proper administration of field sobriety tests. They are skilled at:

  • Thoroughly investigating the circumstances of the arrest, including reviewing police reports, dashcam footage, and bodycam footage.
  • Identifying potential violations of your constitutional rights during the traffic stop and subsequent investigation.
  • Challenging the admissibility of evidence based on procedural errors or scientific inaccuracies.
  • Working with expert witnesses, such as toxicologists and medical professionals, to challenge the prosecution’s evidence.
  • Developing and presenting compelling legal defenses tailored to the specific facts of your case.
  • Negotiating with prosecutors for reduced charges or alternative resolutions when appropriate.
  • Aggressively representing clients at trial when a favorable outcome cannot be reached through negotiation.

If you are facing DUI charges in Michigan involving alcohol or marijuana, the experienced legal team at Komorn Law can provide you with a strong defense and fight to protect your rights and your future.

Komorn Law

Facing a Criminal Charge? – Better Call Komorn

248-357-2550

Komorn Law
Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Criminal Law FAQs – Probation Violations

Criminal Law FAQs – Probation Violations

May 30, 2025 | FAQs, Michigan Laws

Michigan Criminal Laws FAQs

Theft Crimes

According to Michigan State Law (Michigan Compiled Laws – MCL), a Probation Violation occurs when a person who has been sentenced to probation fails to comply with the terms and conditions of their probation order. These terms and conditions are set by the sentencing judge and can vary widely depending on the underlying crime and the individual’s circumstances. Which creates a point of where it is deserved.

FAQ 1: What constitutes a violation of probation in Michigan?

MCL 771.3 outlines the process for addressing probation violations but doesn’t provide an exhaustive list of what constitutes a violation. Generally, a violation occurs when a probationer fails to adhere to any of the specific conditions ordered by the court. These conditions can include, but are not limited to:

  • Failure to report: Not meeting regularly with the probation officer as scheduled.
  • Failure to pay fines, costs, or restitution: Not making required payments on time.
  • Positive drug or alcohol tests: Using substances prohibited by the probation terms.
  • Failure to attend or complete required programs: Not participating in or finishing counseling, treatment, or educational programs.
  • Absconding or leaving the jurisdiction without permission: Moving or traveling outside the allowed area without the probation officer’s approval.
  • Committing a new crime: Being arrested or convicted of another offense while on probation.
  • Violation of a no-contact order: Contacting individuals specifically prohibited by the court.
  • Failure to maintain employment or residence: Not adhering to requirements regarding work or living situation.
  • Possessing weapons: Violating prohibitions on owning or possessing firearms or other weapons.
  • Any other specific condition imposed by the judge.

Any deviation from these court-ordered conditions can be grounds for a probation violation.

FAQ 2: What are the potential consequences of a probation violation in Michigan?

MCL 771.3 details the potential consequences of a probation violation. When a probation officer has probable cause to believe a violation has occurred, they can take the probationer into custody or issue a notice to appear in court. The court will then hold a hearing to determine if a violation did occur. If the court finds that a violation has been established, the potential consequences can include:

  • Continuation of Probation: The court may decide to continue the probation with the original conditions or modify them (e.g., adding more restrictive conditions, extending the probation period within the statutory limits).
  • Jail Time: The court can impose a jail sentence as a consequence of the violation. The length of the jail sentence will depend on the severity of the violation and the original underlying crime. For misdemeanors, this could be up to the maximum jail sentence for the original offense. For felonies, the court can impose a jail sentence up to the maximum sentence for the original crime, although they are often more limited based on the nature of the violation and the probationer’s overall performance on probation.
  • Revocation of Probation and Imprisonment: In more serious cases, especially for repeated violations or the commission of a new crime, the court can revoke probation and sentence the probationer to prison for the underlying felony offense. The length of the prison sentence will be determined based on the original sentencing guidelines.

The specific consequences will be determined by the judge after considering the nature of the violation, the probationer’s history on probation, and other relevant factors.

FAQ 3: Can I be arrested for a probation violation?

Yes, you can be arrested for a probation violation in Michigan. MCL 771.3 specifically grants probation officers the authority to arrest a probationer without a warrant if they have probable cause to believe that the probationer has violated a condition of their probation. Additionally, a warrant for your arrest can be issued by the court upon a showing of probable cause that a violation has occurred.

If you are arrested for a probation violation, you will typically be held in custody pending a probation violation hearing before the judge who originally sentenced you.

FAQ 4: What should I do if I think I may have violated my probation?

If you believe you may have violated a condition of your probation in Michigan, it is crucial to take proactive steps:

  1. Contact your probation officer immediately. Be honest and upfront about the potential violation. While this may seem counterintuitive, it can sometimes demonstrate a willingness to cooperate and take responsibility.
  2. Do not try to hide or ignore the situation. This will likely make matters worse and could lead to more serious consequences, including a warrant for your arrest.
  3. Document everything related to the potential violation. Gather any relevant information, such as dates, times, reasons for the violation, and any attempts you made to rectify the situation.
  4. Seek legal counsel immediately. Contact a criminal defense attorney experienced in probation violations. An attorney can advise you of your rights, help you prepare for any potential hearings, and advocate on your behalf.

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FAQ 5: How can a lawyer help me with a probation violation hearing in Michigan?

A lawyer can provide invaluable assistance during a probation violation hearing in Michigan in several ways:

  • Understanding Your Rights: Your lawyer will ensure you understand your rights throughout the process, including your right to a hearing, to present evidence, and to confront witnesses.
  • Investigating the Alleged Violation: Your lawyer can investigate the circumstances surrounding the alleged violation to determine if there are any mitigating factors or if the violation can be challenged.
  • Negotiating with the Prosecutor: Your lawyer may be able to negotiate with the prosecutor or the probation officer to reach a resolution that avoids the most severe consequences, such as jail or prison time.
  • Presenting Evidence and Testimony: Your lawyer will help gather and present evidence and testimony on your behalf to explain the violation, demonstrate efforts to comply with probation, and highlight any mitigating circumstances.
  • Cross-Examining Witnesses: If witnesses are called against you, your lawyer has the right to cross-examine them to challenge their testimony and protect your interests.
  • Advocating for a Favorable Outcome: Your lawyer will advocate to the judge for the least restrictive outcome possible, such as continuing probation with modified conditions rather than imposing jail or prison time. They will present arguments based on your circumstances, your history on probation, and any positive steps you have taken.
  • Navigating the Legal Process: Probation violation hearings can be complex. Your lawyer will ensure that all legal procedures are followed correctly and that your rights are protected at every stage.

Having experienced legal representation is crucial when facing a probation violation hearing, as the outcome can significantly impact your freedom and future.

Facing Probation Violation in Michigan?

Facing a Probation Violations charge in Michigan can have serious consequences affecting your driving privileges, child raising, finances, and even your freedom. It’s crucial to understand your rights and explore all available legal options.

Contacting an experienced criminal defense attorney as soon as possible is essential. At Komorn Law, our attorneys have a deep understanding of Michigan’s laws and can provide you with a strong defense to protect your rights and future. Call 248-357-2550

Komorn Law

Accused of Domestic Charge? – Better Call Komorn

248-357-2550

Komorn Law
Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Michigan lawmakers want to revive “junk science” roadside drug testing

Michigan lawmakers want to revive “junk science” roadside drug testing

May 29, 2025 | Michigan News

The Roadside Drug Test…Again

House bills 4390 and 4391

The proposed House bills 4390 and 4391 would enable law enforcement to administer tests aimed at assessing driver impairment; however, these testing devices do not provide information regarding the level of impairment. Instead, they solely indicate the presence of specific drugs.

The legislation received unanimous approval from the Government Operations Committee on May 22, 2025.

Between 2018 and 2020, the Michigan State Police carried out two pilot programs involving roadside drug detection devices, with the latter program incurring costs of $626,000 and resulting in a notable number of inaccuracies.

The Sotoxa Mobile Test System devices utilized in the pilot programs were manufactured by Abbott and are priced at approximately $6,000 each, leaving uncertainty about which devices will be authorized if the new legislation is enacted.

The findings from the 2020 pilot program revealed that almost 11 percent of tests yielded false positives or false negatives, demonstrating a lack of alignment with the outcomes of subsequent blood tests.

Julie Rogers, D-Kalamazoo is one who sponsored HB 4391

She called the test “a complementary tool” that supports officers “when formulating reasonable suspicion or probable cause determinations.”

A good reason to keep your Medical Marijuana Membership Card

The wording in the proposed legislation allows law enforcement to make arrests based solely on the results of roadside saliva tests according to the bill analysis, but the presence of THC may linger in saliva for hours after after the high is gone studies have found.

MLive discussed the topic with drugged and drunk-driving attorney Michael Komorn, who’s been an outspoken critic of roadside saliva testing. He maintains his position.

“Don’t spit,” he said, “because the spit tests are junk science.”

Some excerpts from the introduced bill and fiscal analysis (full document links below)

(d) Except as provided in subsection (5), a person who refuses
to submit to a preliminary chemical breath analysis or a
preliminary oral fluid analysis upon a lawful request by a peace
officer is responsible for a civil infraction.

(5) A person who was operating a commercial motor vehicle and who refuses to submit to a preliminary chemical breath analysis or a preliminary oral fluid analysis upon a peace officer’s lawful request is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.

(9) A person’s refusal to submit to a chemical test as
provided in subsection (6) is admissible in a criminal prosecution
for a crime described in section 625c(1) only to show that a test
was offered to the defendant, but not as evidence in determining
the defendant’s innocence or guilt. The jury must be instructed
accordingly.

(i) Forward a copy of the written report of the person’s
refusal to submit to a chemical test required under section 625d to
the secretary of state.
(ii) Notify the secretary of state by means of the law
enforcement information network that a temporary license or permit
was issued to the person.
(iii) Destroy the person’s driver license or permit.

Violations could be either civil infractions, misdemeanors, or felonies,
depending on the circumstances. The majority of revenue received from payment of fines for civil infractions would increase funding for public and county law libraries.

Komorn Law

Charged Driving High? – Better Call Komorn

248-357-2550

Past Articles

Another way to get DNA?

Komorn Law
Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Criminal Law FAQs – Theft Crimes

Criminal Law FAQs – Theft Crimes

May 28, 2025 | FAQs, Michigan Laws

Michigan Criminal Laws FAQs

Theft Crimes

According to Michigan State Law (Michigan Compiled Laws – MCL), Theft Crimes generally involve the unlawful taking of someone else’s property with the intent to deprive them of it, either permanently or for a significant period. Michigan law outlines various specific theft offenses, each with its own elements and potential penalties.

FAQ 1: What are the different types of theft crimes in Michigan (larceny, retail fraud)?

Michigan law recognizes several types of theft crimes, with larceny and retail fraud being prominent examples:

  • Larceny (MCL 750.356 et seq.): Larceny is the unlawful taking and carrying away of someone else’s personal property with the intent to permanently deprive the owner of it. This is a broad category encompassing various scenarios, from stealing personal belongings to embezzlement (though embezzlement has its own specific statutes as well). The severity and penalties for larceny often depend on the value of the property stolen.

FAQ 2: How is the severity of a theft charge determined in Michigan?

The severity of a theft charge in Michigan is primarily determined by the value of the property stolen. This is explicitly outlined in statutes like MCL 750.356 (Larceny) and MCL 750.360 (Retail Fraud). Higher value thefts generally result in more serious charges (felonies) and harsher penalties.

For Larceny (MCL 750.356), the penalties are often tiered based on the following approximate values (note that these are subject to change, so always refer to the current statute):

  • $200.00 or less: Misdemeanor, punishable by up to 93 days in jail and/or a fine of not more than $500.00 or 3 times the value of the property stolen, whichever is greater.
  • More than $200.00 but less than $1,000.00: Misdemeanor, punishable by up to 1 year in jail and/or a fine of not more than $2,000.00 or 3 times the value of the property stolen, whichever is greater.
  • $1,000.00 or more but less than $20,000.00: Felony, punishable by up to 5 years in prison and/or a fine of up to $10,000.00 or 3 times the value of the property stolen, whichever is greater.
  • $20,000.00 or more: Felony, punishable by up to 10 years in prison and/or a fine of up to $15,000.00 or 3 times the value of the property stolen, whichever is greater.

For Retail Fraud (MCL 750.360), the degree of the offense is directly linked to the value of the merchandise stolen, as described in FAQ 1, with each degree carrying its own potential penalties. Prior retail fraud convictions can also lead to enhanced charges and penalties.

FAQ 3: What are the potential penalties for a theft conviction in Michigan?

The potential penalties for a theft conviction in Michigan vary widely depending on the specific charge (larceny or retail fraud), the value of the property involved, and the defendant’s prior criminal record. Penalties can include:

  • Jail or Prison Time: Ranging from a few days for low-value misdemeanors to potentially many years for high-value felonies.
  • Fines: From a few hundred dollars to thousands of dollars, often calculated as a multiple of the value of the stolen property.
  • Probation: A period of supervision by the court, often with conditions such as regular reporting, drug testing, community service, and restitution.
  • Restitution: Requiring the defendant to pay back the value of the stolen property to the victim.
  • Criminal Record: A theft conviction will result in a criminal record, which can have long-term consequences for employment, housing, and other aspects of life.

It’s crucial to consult the specific MCL sections (MCL 750.356 and MCL 750.360 ) for the most up-to-date and precise penalty information, as these laws can be amended.

FAQ 4: Can I be charged with theft even if I intended to return the item?

Generally, yes, you can still be charged with theft-related offenses even if you intended to return the item, depending on the specific crime and the circumstances. The key element in many theft crimes, particularly larceny, is the intent to permanently deprive the owner of their property. However, taking property without the owner’s consent, even with the intention of returning it, can still constitute a crime, such as unlawful use of a vehicle (for vehicles) or potentially other lesser offenses.

The prosecution will often focus on your intent at the time of the taking. If it can be proven that you intended to exercise control over the property inconsistent with the owner’s rights, even temporarily, it could lead to a theft charge. The belief that you would eventually return the item might be considered by the court during sentencing but may not necessarily negate the initial charge.

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FAQ 5: What are some possible defenses against theft charges?

Several defenses may be raised against theft charges in Michigan, depending on the specific facts of the case. Some common defenses include:

  • Lack of Intent: Arguing that you did not intend to permanently deprive the owner of the property. This can be difficult to prove but might be relevant in certain situations.
  • Mistake of Fact: Claiming you genuinely believed the property was yours or that you had permission to take it.
  • Claim of Right: Asserting a good-faith belief that you had a legal right to possess the property (e.g., reclaiming your own property).
  • Coercion or Duress: Arguing that you were forced to commit the theft under threat of harm.
  • Entrapment: Claiming that law enforcement improperly induced you to commit the theft.
  • Insufficient Evidence: Arguing that the prosecution has not presented enough credible evidence to prove beyond a reasonable doubt that you committed the theft.
  • Illegal Search and Seizure: If the evidence used against you was obtained through an unlawful search or seizure, your attorney may file a motion to suppress that evidence.

The success of any defense depends heavily on the specific details of the case and the evidence presented. If you are facing theft charges, it is crucial to consult with a qualified criminal defense attorney to discuss your situation and explore potential defenses.

Facing any Domestic charges in Michigan?

Facing a domestic charge in Michigan can have serious consequences affecting your driving privileges, child raising, finances, and even your freedom. It’s crucial to understand your rights and explore all available legal options.

Contacting an experienced criminal defense attorney as soon as possible is essential. At Komorn Law, our attorneys have a deep understanding of Michigan’s laws and can provide you with a strong defense to protect your rights and future. Call 248-357-2550

Komorn Law

Accused of Domestic Charge? – Better Call Komorn

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Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information: