Criminal Law FAQs – Domestic Violence

Criminal Law FAQs – Domestic Violence

May 26, 2025 | FAQs, Michigan Laws

Michigan Criminal Laws FAQs

Domestic Violence

According to Michigan State Law, Domestic Violence is not a standalone criminal offense but rather a designation applied to certain crimes when the victim is a “spouse or former spouse, an individual with whom the person has or has had a dating relationship, an individual with whom the person has had a child in common, or a resident or former resident of the same household.”

The specific crime committed could be Assault, Aggravated Assault, Battery, Stalking, or other offenses. However, when the relationship between the offender and the victim falls within the categories defined above, the offense is labeled as “domestic violence.” This designation often triggers specific legal procedures, enhanced penalties in some circumstances, and mandatory considerations by the court.

FAQ 1: What constitutes domestic violence under Michigan law?

Under Michigan law, specifically referencing MCL 769.4a, domestic violence is not a specific crime itself but rather a designation applied when certain criminal offenses are committed against individuals within specific relationships. These relationships include:

    • A spouse or former spouse.
    • An individual with whom the person has or has had a dating relationship.
  • An individual with whom the person has had a child in common.
  • A resident or former resident of the same household.

Therefore, any act that would constitute a crime (such as assault, battery, stalking, property destruction, etc.) becomes an act of domestic violence if it is committed by someone in one of these relationships against the other person in that relationship.

FAQ 2: What are the potential penalties for a domestic violence conviction in Michigan?

The penalties for a domestic violence conviction in Michigan depend on the underlying crime committed and the number of prior domestic violence convictions the defendant has. MCL 769.4a outlines the following potential penalties specifically related to domestic violence assault or domestic violence assault and battery (which are often charged under MCL 750.81):

  • First Offense: A misdemeanor punishable by up to 93 days in jail, a fine of not more than $500, or both. The court may also order the defendant to complete a domestic violence intervention program and pay related costs.
  • Second Offense: A misdemeanor punishable by up to 1 year in jail, a fine of not more than $1,000, or both. The court must order the defendant to complete a domestic violence intervention program and may order probation with terms including substance abuse testing and treatment.
  • Third or Subsequent Offense: A felony punishable by up to 5 years in prison and/or a fine of up to $5,000. The court must order the defendant to complete a domestic violence intervention program.

It’s important to remember that if the underlying crime is more serious (e.g., aggravated assault or felonious assault), the penalties will be those associated with the more serious offense, potentially enhanced due to the domestic violence designation and prior record.

FAQ 3: What is a no-contact order, and how does it affect me?

A no-contact order, as referenced in MCL 769.4a(11) and other related statutes, is a court order that prohibits a person from having any contact with another specified individual. This order is frequently issued in domestic violence cases to protect the alleged victim.

How a no-contact order affects you:

  • Prohibited Contact: It typically forbids you from having any direct or indirect communication with the protected person. This can include phone calls, text messages, emails, social media interactions, letters, or even having a third party contact them on your behalf.
  • Physical Proximity: It often prohibits you from being within a certain distance of the protected person’s home, workplace, school, or other specified locations.
  • Violation Consequences: Violating a no-contact order is a separate criminal offense, often a misdemeanor, which can result in additional charges, jail time, and further legal complications.
  • Duration: A no-contact order can be issued as a condition of bond while a case is pending, as a condition of probation after a conviction, or as part of a civil protection order. The duration can vary depending on the circumstances.
  • Impact on Personal Life: A no-contact order can significantly impact your personal life, potentially restricting where you can live, work, and who you can interact with.

It is crucial to understand the specific terms of any no-contact order issued against you and to strictly adhere to them. If you have questions about the order or believe it is unfairly impacting you, you should consult with your attorney immediately.

FAQ 4: Can a domestic violence charge be dropped if the alleged victim doesn’t want to press charges?

While the alleged victim’s wishes are considered, a domestic violence charge in Michigan cannot simply be dropped because the victim does not want to press charges. The decision to prosecute a case rests with the prosecuting attorney, acting on behalf of the State of Michigan.

Here’s why:

  • Crime Against the State: Domestic violence is considered a crime against the people of the State of Michigan, not just against the individual victim.
  • Coercion and Fear: Prosecutors understand that victims of domestic violence may be hesitant to press charges due to fear of retaliation, emotional dependence, or pressure from the abuser.
  • Evidence Beyond Victim Testimony: Prosecutors will often proceed with a case if there is other evidence to support the charges, such as police reports, 911 calls, photographs of injuries, witness testimony, or the defendant’s own statements.

While the victim’s lack of cooperation can make prosecution more challenging, it does not automatically lead to the charges being dropped. The prosecutor will evaluate all the evidence and make a decision based on whether they believe they can prove the case beyond a reasonable doubt.

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FAQ 5: What should I do if I’ve been falsely accused of domestic violence in Michigan?

If you have been falsely accused of domestic violence in Michigan, it is a serious situation, and you should take the following steps immediately to protect yourself:

  1. Do not contact the alleged victim. Even if you believe it’s a misunderstanding, any contact could be misconstrued as harassment or intimidation and could worsen your situation or lead to a no-contact order being violated.
  2. Do not talk to the police or investigators without an attorney present. As with any criminal accusation, anything you say can be used against you. Politely decline to answer questions and state that you will cooperate fully once you have legal counsel.
  3. Hire a qualified Michigan criminal defense attorney immediately. An experienced attorney specializing in domestic violence cases will be crucial in protecting your rights and building a strong defense against the false allegations.
  4. Gather any evidence that supports your innocence. This might include text messages, emails, social media posts, witness statements, photographs, videos, or any other documentation that can help demonstrate the accusations are false. Share this information with your attorney.
  5. Follow your attorney’s advice meticulously. Your attorney will guide you through the legal process, advise you on how to proceed, and represent your best interests.
  6. Document everything. Keep a detailed record of events, communications, and any interactions related to the accusation.

Being falsely accused of domestic violence can have severe consequences for your reputation, freedom, and future. It is essential to seek legal representation as soon as possible to navigate the legal system and present your case effectively.

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

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 – Assault and Battery

Criminal Law FAQs – Assault and Battery

May 23, 2025 | FAQs, Michigan Laws

Michigan Criminal Laws FAQs

Assault and Battery

According to Michigan State Law, Assault and Battery are distinct but often related offenses. There isn’t one single statute that explicitly defines both terms together. Instead, their definitions have evolved through Michigan case law and are addressed within various sections of the Michigan Compiled Laws (MCL), particularly MCL 750.81 and related statutes.

Here’s a breakdown based on Michigan law:

  • Assault: An assault is generally defined as an intentional act that places another person in reasonable apprehension of an immediate battery. It’s the threat or attempt to commit a battery. Key elements of assault include:

    • An intentional act: The act must be done purposefully, not accidentally.
    • Reasonable apprehension: The victim must genuinely and reasonably believe that a battery is imminent.
    • Immediate battery: The threatened harm must be perceived as something that could happen right now.

  • Battery: A battery is defined as the intentional, unwanted, and offensive touching of another person. Key elements of battery include:

    • Intentional act: The touching must be done purposefully, not accidentally.
    • Unwanted or offensive contact: The touching must be either harmful or considered offensive by a reasonable person. Consent negates battery.
    • Touching: There must be some physical contact with the victim’s person or something closely connected to it (like clothing they are wearing or something they are holding).

FAQ 1: What is the difference between assault and battery under Michigan law?

The key difference is that assault involves the threat or attempt to harm someone, creating a reasonable fear of immediate harm, without physical contact. Battery, on the other hand, involves the actual physical contact that is intentional, unwanted, and offensive. You can have an assault without a battery (e.g., swinging a fist and missing), and a battery is often preceded by an assault (the threat leading to the touching), though not always (e.g., an unexpected shove from behind). While no single MCL defines both, case law and statutes like MCL 750.81 et seq. address these distinct crimes.

FAQ 2: What are the potential penalties for assault or battery in Michigan?

The potential penalties for assault or battery in Michigan vary depending on the specific circumstances and the severity of the offense. Some common charges and their potential penalties include:

  • Simple Assault (MCL 750.81): A misdemeanor punishable by up to 93 days in jail and/or a fine of not more than $500.
  • Simple Battery (MCL 750.81): Also a misdemeanor punishable by up to 93 days in jail and/or a fine of not more than $500. Often charged together with simple assault under the same statute.
  • Aggravated Assault or Aggravated Battery (MCL 750.81a): This is a misdemeanor punishable by up to 1 year in jail and/or a fine of not more than $1,000. Aggravated assault or battery typically involves serious or aggravated injury to the victim or an assault on certain protected individuals (e.g., police officers, emergency medical personnel).
  • Felonious Assault (MCL 750.82): This is a felony punishable by up to 4 years in prison and/or a fine of not more than $2,000. Felonious assault involves an assault with a dangerous weapon (even if no injury occurs).

It’s important to note that these are general penalties, and sentencing can be influenced by factors such as prior criminal history, the extent of any injuries, and other aggravating or mitigating circumstances.

FAQ 3: Can I be charged with assault even if I didn’t physically touch someone?

Yes, under Michigan law, you can absolutely be charged with assault even if you did not physically touch the alleged victim. As defined earlier, assault is the act of intentionally placing someone in reasonable apprehension of an immediate battery. Actions such as making threatening gestures, verbally threatening immediate harm while having the apparent ability to carry it out, or even brandishing a weapon in a threatening manner can constitute assault without any physical contact occurring.

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FAQ 4: What are some common defenses to assault and battery charges?

Several defenses may be raised in response to assault and battery charges in Michigan, depending on the specific facts of the case. Some common defenses include:

  • Self-defense: If you reasonably believed you were in imminent danger of unlawful bodily harm and used only the amount of force necessary to protect yourself.
  • Defense of others: Similar to self-defense, this applies if you reasonably believed another person was in imminent danger and used necessary force to protect them.
  • Consent: If the alleged victim consented to the physical contact (this is more relevant in certain contexts like sports or horseplay, but consent must be freely and knowingly given).
  • Lack of intent: For both assault and battery, the act must generally be intentional. If the act was accidental, it might negate the charge (though negligence could potentially lead to other charges).
  • Mistaken identity: If you were not the person who committed the assault or battery.
  • Provocation: While provocation generally isn’t a complete defense, it might be used to argue for a lesser charge or a more lenient sentence.

It’s crucial to understand that the success of any defense depends heavily on the specific details and evidence presented in the case.

FAQ 5: What should I do if I’ve been accused of assault in Michigan?

If you have been accused of assault in Michigan, it is crucial to take the situation very seriously. Here are the immediate steps you should take:

  1. Do not talk to the police or investigators without an attorney present. Anything you say can be used against you. Politely decline to answer any questions until you have spoken with legal counsel.
  2. Contact a qualified Michigan criminal defense attorney immediately. An attorney can advise you of your rights, explain the charges against you, investigate the allegations, and help you build a strong defense.
  3. Do not attempt to contact the alleged victim or any potential witnesses. This could be misconstrued as harassment or witness tampering and could lead to additional charges or complications.
  4. Gather any information you have about the incident. This might include dates, times, locations, names of witnesses, and any photographs or videos that might be relevant. Share this information with your attorney.
  5. Follow your attorney’s advice. They will guide you through the legal process and help you make informed decisions about your case.

Facing any Assault and Battery charges in Michigan?

Facing an assault and battery charge in Michigan can have serious consequences affecting your driving privileges, 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 Assault and Battery? – 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:

Other Bodily Fluid House Hearing – HB-4391- Update 5-22-25

Other Bodily Fluid House Hearing – HB-4391- Update 5-22-25

May 22, 2025 | FAQs, Michigan Laws

Michigan House Hearing
HB-4391 Saliva Test Update 5-22-25
Watch the hearing or read the summary.

Click here or image below to see video

FYI: Marijuana although voted to be legalized is still classified as a controlled substance in the State of Michigan and Federally.

More ways to take your money.

SUMMARY:

House Bills 4390 and 4391 would amend the Michigan Vehicle Code to allow for roadside oral fluid (i.e., saliva) tests to screen drivers for the presence of controlled substances, including marijuana. These tests, referred to in the bills as preliminary oral fluid analysis, would be added to several provisions that now apply to preliminary chemical breath tests used to screen
for alcohol. The term other bodily fluid (which includes saliva) would be added to several provisions that now refer to the testing of, or to test results for, an individual’s blood, breath, or urine. The bills are described together below.

Other bodily fluid

Other bodily fluid would mean fluid from the human body capable of revealing the presence of controlled substances or their metabolites, including oral fluid.

Preliminary oral fluid analysis would mean the on-site taking of a preliminary oral fluid test, performed by a peace officer, from the oral fluid of a person for the purpose of detecting the presence of a controlled substance, as that term is defined in section 7104 of the Public Health Code.1

[This definition is currently in the law, except that current law requires the tests to be performed by a certified drug recognition expert, a restriction that applied to a roadside drug testing pilot program conducted in five counties in 2017 and 2018 (Phase 1)2 and more broadly in 2019 and 2020 (Phase 2).3]

Currently, a peace officer may require a person to submit to a preliminary breath test if, among other things, the officer has reasonable cause to believe that the person was operating a vehicle while their ability to do so was affected by the consumption of alcohol or a controlled substance
or that the person was operating a commercial motor vehicle while their blood, breath, or urine contained any measurable amount of alcohol or a controlled substance.

The bills would amend the provision concerning operating a commercial motor vehicle to also apply to any measurable amount of alcohol or controlled substances contained in other bodily fluid. Similarly, provisions that currently apply to a request by a peace officer to submit to a preliminary breath test or to penalties for refusing a preliminary breath test also would apply to a request or refusal to submit to a preliminary oral fluid analysis.

The following would apply to a preliminary oral fluid analysis administered under the bills:

  • It could lead to an arrest based on its results.
  • The results would be admissible in a criminal prosecution for certain drunk or drugged driving violations or in an administrative hearing for one or more of the following purposes:

To assist the court or hearing officer in a determining a challenge to the validity of an arrest.

  • As evidence of the presence or nonpresence of a controlled substance in the defendant’s oral fluid if offered by the defendant to rebut testimony elicited on cross-examination of a defense witness that a preliminary oral fluid analysis showed the presence of a controlled substance that was not found to be present when a chemical test of the defendant’s blood or urine was administered under the act.
  • As evidence of the presence or nonpresence of a controlled substance in the defendant’s oral fluid if offered by the prosecution to rebut testimony elicited on cross-examination of a prosecution witness that a preliminary oral fluid analysis showed no presence of a controlled substance that was found to be present when a chemical test of the defendant’s blood or urine was administered under the act.
  • The person would remain subject to provisions of the act pertaining to chemical tests and administrative hearings regarding chemical tests.
  • A person who refuses to submit to a preliminary oral fluid analysis would be responsible for a civil infraction.
  • Each bill would take effect 90 days after its enactment, and neither could take effect unless both were enacted.

MCL 257.43b and 257.625a and proposed MCL 257.36d

An OUI charge is very serious in Michigan can have serious consequences affecting your job, driving priviledges, 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. Since 1993 Attorney Michael Komorn lead trial attorney in both state and federal courts has provided a strong defense above and beyond for clients. Contact Komorn Law and  Call our office 248-357-2550 for a case evaluation.

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Komorn Law

Charged Driving High? – 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 – Marijuana Offenses

Criminal Law FAQs – Marijuana Offenses

May 21, 2025 | FAQs, Michigan Laws

Michigan Criminal Laws FAQs

Marijuana Offenses

FAQ 1: Is recreational marijuana legal in Michigan?

Answer: Yes, recreational marijuana is legal for adults 21 and over in Michigan. However, there are restrictions on possession, use in public places, and driving under the influence. (Reference: Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018)

FAQ 2: Can I still be arrested for marijuana possession in Michigan?

Answer: Yes, even with legalization, there are limits on the amount you can possess (currently up to 2.5 ounces in public and 10 ounces at home, with amounts over 2.5 ounces at home needing to be secured). Exceeding these limits or possessing it if you are under 21 can lead to criminal charges. (Reference: Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018)

FAQ 3: What are the penalties for driving under the influence of marijuana (DUID) in Michigan?

Answer: Driving under the influence of marijuana is illegal in Michigan and carries similar penalties to OWI involving alcohol, including fines, license suspension, and potential jail time, depending on the number of prior offenses. (Reference: MCL 257.625)

FAQ 4: Can I grow marijuana in Michigan?

Answer: Adults 21 and over can grow up to 12 marijuana plants at their primary residence, provided they are not visible from a public place and are kept in a secured area. Exceeding this limit or not following regulations can lead to criminal charges. (Reference: Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018)

FAQ 5: What if I have a prior marijuana conviction in Michigan? Can it be expunged?

Answer: Michigan law allows for the expungement of certain prior marijuana convictions that would now be legal under the current recreational marijuana law. An attorney can help you determine your eligibility and navigate the expungement process. (Reference: MCL 780.621 et seq.)

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Facing any Marijuana or Drug charges in Michigan?

Facing an marijuana or drug charges in Michigan can have serious consequences affecting your driving privileges, 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 Driving High? – 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 – Operating While Intoxicated (DUI – OWI)

Criminal Law FAQs – Operating While Intoxicated (DUI – OWI)

May 19, 2025 | FAQs, Michigan Laws

Michigan Criminal Laws FAQs

Drunk Driving (Operating While Intoxicated – OWI)

FAQ 1: What is the legal blood alcohol content (BAC) limit in Michigan?

Answer: In Michigan, the legal BAC limit for operating a vehicle is 0.08% for individuals 21 years of age or older. For those under 21, there is a “zero tolerance” law. (Reference: MCL 257.625)

FAQ 2: What are the potential penalties for a first-time OWI offense in Michigan?

Answer: A first-offense OWI in Michigan can result in fines (up to $500), community service (up to 360 hours), a suspended driver’s license (up to 180 days), and possible jail time (up to 93 days). (Reference: MCL 257.625(1)).

FAQ 3: Can I refuse a breathalyzer or blood test if I’m suspected of OWI in Michigan? What are the consequences?

Answer: Michigan has an implied consent law. By operating a vehicle on public roads, you’ve consented to chemical testing. Refusal can lead to an automatic suspension of your driver’s license for one year (first refusal) or two years (subsequent refusals), even if you are not convicted of OWI. (Reference: MCL 257.625a)

FAQ 4: What happens if my BAC is 0.17% or higher in Michigan?

Answer: If your BAC is 0.17% or higher, it’s considered “High BAC” or “Super Drunk.” Penalties are significantly enhanced, including increased fines (up to $700), longer license suspension (one year with a restricted license after 45 days), mandatory vehicle immobilization, and possible jail time (up to 180 days). (Reference: MCL 257.625(1)(c))

FAQ 5: Can I get my OWI charge dismissed in Michigan?

Answer: While a dismissal isn’t guaranteed, there are various legal strategies that can be explored, such as challenging the legality of the traffic stop, the accuracy of the testing equipment, or procedural errors. An experienced attorney can assess your case and advise you on potential defenses.

Recent FAQ Posts – More Below

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Facing an OWI charge in Michigan?

Facing an OWI charge in Michigan can have serious consequences affecting your driving privileges, 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 OWI laws (MCL 257.625 et seq.) and can provide you with a strong defense to protect your rights and future. Call 248-357-2550

Komorn Law

When you get an OWI – 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: