Criminal Law FAQs – Assault with Intent to do Great Bodily Harm Less Than Murder (AWIGBH)

Criminal Law FAQs – Assault with Intent to do Great Bodily Harm Less Than Murder (AWIGBH)

Jun 11, 2025 | FAQs, Michigan Laws

Michigan Criminal Laws FAQs

Assault with Intent to do Great Bodily Harm Less Than Murder

According to Michigan State Law (Michigan Compiled Laws – MCL), Assault with Intent to do Great Bodily Harm Less Than Murder (AWIGBH) is a serious felony offense defined in MCL 750.84. It is a specific intent crime, meaning that the prosecution must prove not only that an assault occurred, but also that the defendant had the deliberate purpose or design to cause serious injury, falling short of murder, to the victim.

750.84 Assault with intent to do great bodily harm less than murder; assault by strangulation or suffocation; “strangulation or suffocation” defined; other violation out of same conduct.

Sec. 84.

    (1) A person who does either of the following is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both:
    (a) Assaults another person with intent to do great bodily harm, less than the crime of murder.
    (b) Assaults another person by strangulation or suffocation.
    (2) As used in this section, “strangulation or suffocation” means intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.
    (3) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law arising out of the same conduct as the violation of this section.

FAQs

FAQ 1: What distinguishes Assault with Intent to do Great Bodily Harm Less Than Murder (AWIGBH) from other assault charges in Michigan?

AWIGBH, under MCL 750.84, is a specific intent crime. This means the prosecution must prove two main things: 1) that an assault (an attempt or threat to commit a battery) occurred, and 2) that the defendant had the specific intent to cause “great bodily harm” to the victim. “Great bodily harm” is defined as any serious injury of an aggravated nature. This specific intent element is what elevates it above simple assault or aggravated assault, where such a high level of intent to injure is not required.

FAQ 2: What are the potential penalties for a conviction of AWIGBH in Michigan?

AWIGBH is a serious felony offense in Michigan. A conviction is punishable by imprisonment for up to 10 years and/or a fine of up to $5,000. The actual sentence imposed by the court will depend on various factors, including the defendant’s prior criminal record and the Michigan Sentencing Guidelines.

FAQ 3: Does the victim have to suffer a serious injury for someone to be convicted of AWIGBH?

No. While the charge requires the intent to cause great bodily harm, the victim does not necessarily have to suffer that specific level of injury for a conviction. The focus of the crime is on the defendant’s state of mind and actions at the time of the assault, not the outcome. However, if the victim did suffer a serious injury, that injury can be presented as evidence to help prove the defendant’s intent.

FAQ 4: What kind of evidence might the prosecution use to prove “intent to do great bodily harm”?

To prove the specific intent required for AWIGBH, the prosecution may present various types of evidence, including:

  • Nature of the Weapon: If a weapon was used, its type and how it was employed (e.g., a knife, a firearm, a blunt object).
  • Number and Location of Blows: Multiple blows, or blows directed at vital areas of the body (e.g., head, neck, chest).
  • Threats: Any verbal or written threats made by the defendant before, during, or after the assault.
  • Severity of Injury: While not required, significant injuries sustained by the victim can be strong circumstantial evidence of the defendant’s intent.
  • Statements: Any admissions or statements made by the defendant indicating their intent.

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FAQ 5: What are some common legal defenses against an AWIGBH charge, and how is Komorn Law experienced in fighting these types of charges?

Fighting an AWIGBH charge requires a robust legal strategy due to its serious nature. Common legal defenses include:

  • Self-Defense or Defense of Others: Arguing that the defendant used reasonable and necessary force to protect themselves or another person from imminent harm

An Assault with Intent to do Great Bodily Harm Less Than Murder charge is very serious in Michigan can have serious consequences affecting your 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. 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.

Komorn Law

SUper Drunk – High BAC 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 – Operating a Vehicle with a High BAC

Criminal Law FAQs – Operating a Vehicle with a High BAC

Jun 9, 2025 | FAQs, Michigan Laws

Michigan Criminal Laws FAQs

Super Drunk (High Breath Alcohol Content)

Operating a Vehicle with a High BAC (Super Drunk) – MCL 257.625(1)(c)

FAQ 1: What BAC level qualifies as “High BAC” or “Super Drunk” in Michigan?

Answer: In Michigan, operating a vehicle with a blood alcohol content (BAC) of 0.17% or more is considered “High BAC” or “Super Drunk.” This carries more severe penalties than a standard OWI (Operating While Intoxicated).

FAQ 2: What are the enhanced penalties for a first-offense High BAC conviction in Michigan?

Answer: Penalties for a first-offense High BAC conviction can include up to 180 days in jail, a fine of $200 to $700, a mandatory ignition interlock device on the vehicle for one year, license suspension for one year (with a restricted license possible after 45 days with an interlock), and mandatory alcohol treatment.

FAQ 3: Can the prosecution use a preliminary breath test (PBT) as evidence in a Super Drunk case?

Answer: Generally, a PBT administered at the roadside is used to establish probable cause for an arrest but is not admissible as evidence in court to prove a specific BAC level. The prosecution will typically rely on an evidentiary breath test or blood test administered at a police station or hospital.

FAQ 4: What legal challenges can be raised against a High BAC charge?

Answer: Defenses can include challenging the legality of the initial traffic stop, the administration and accuracy of the evidentiary breath or blood test, any medical conditions that might affect the test results, and ensuring the proper chain of custody of blood samples.

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Criminal Law FAQs – Bench Warrant

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FAQ 5: How can a defense attorney help with a High BAC charge?

Answer: An attorney can investigate the circumstances of the stop and testing, challenge the admissibility of evidence, negotiate with the prosecution for a potential reduction in charges, and present mitigating factors at sentencing to minimize penalties.

A super drunk charge is very serious 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

SUper Drunk – High BAC 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 – Bench Warrant

Criminal Law FAQs – Bench Warrant

Jun 6, 2025 | FAQs, Michigan Laws

Michigan Criminal Laws FAQs

Bench Warrants

According to Michigan State Law (Michigan Compiled Laws – MCL), a Bench Warrant is a court order that directs law enforcement officers to arrest and bring a specific individual before the court. It’s issued by a judge (from the “bench”) when someone fails to comply with a court order or requirement. Unlike an arrest warrant, which is typically issued at the beginning of a criminal case, a bench warrant is issued after a case has begun, usually due to non-compliance.

FAQ 1: What is a bench warrant in Michigan?

A bench warrant in Michigan is a court order issued by a judge that compels law enforcement to arrest a specific person and bring them before the court. It’s typically issued when an individual fails to comply with a court order, such as:

  • Failing to appear for a scheduled court hearing (e.g., arraignment, pre-trial conference, trial, sentencing).
  • Violating the terms of probation.
  • Failing to pay fines or court costs.
  • Failing to comply with a subpoena.
  • Failing to appear in court for a traffic violation.

The warrant gives law enforcement the authority to arrest the person named in the warrant.

FAQ 2: How do I know if I have a bench warrant in Michigan?

It can be difficult to know definitively if you have a bench warrant unless you are directly notified by law enforcement or the court. However, you can try the following:

  • Contact the court: If you suspect you may have missed a court date or failed to comply with a court order, contact the court where your case is pending. You can call the court clerk’s office and inquire about your case status.
  • Check online court records: Some Michigan courts have online databases where you can search for case information. However, not all warrants are listed online, and this is not a guaranteed way to find out.
  • Consult an attorney: An attorney can check for outstanding warrants on your behalf.
  • Be cautious about online warrant searches: There are third-party websites that claim to provide warrant information, but these may not be accurate or up-to-date. It’s best to rely on official sources.

FAQ 3: What should I do if I have a bench warrant?

If you discover that you have a bench warrant in Michigan, it’s crucial to take immediate action:

  1. Do not ignore it: Ignoring a bench warrant will not make it go away and can lead to further legal complications.
  2. Contact an attorney immediately: An attorney can advise you on the best course of action, help you understand the reason for the warrant, and represent you in court.
  3. Do not attempt to resolve the warrant on your own without legal counsel: This is especially important if the warrant relates to a criminal matter.
  4. Gather any relevant documentation: Collect any paperwork related to the court case or the reason for the warrant.
  5. Follow your attorney’s advice: They will guide you through the process of resolving the warrant, which typically involves appearing in court.

FAQ 4: Can I be arrested anywhere if there’s a bench warrant out for me in Michigan?

Yes, if there is a valid bench warrant for your arrest in Michigan, you can be arrested anywhere in the state, and potentially even outside of Michigan if the warrant is entered into a national database. Law enforcement officers are authorized to execute the warrant, meaning they can take you into custody. This can happen during a traffic stop, at your home, at your workplace, or in any other location where you are encountered.

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FAQ 5: How can your firm help me resolve a bench warrant in Michigan?

Komorn Law has extensive experience in assisting clients with resolving bench warrants in Michigan. Our attorneys can:

  • Determine the reason for the warrant: We will investigate the underlying cause of the bench warrant, whether it’s a missed court date, a probation violation, or another issue.
  • File a motion to quash the warrant: We can file a legal motion with the court requesting that the warrant be withdrawn. This often involves scheduling a court appearance to address the reason for the warrant.
  • Represent you in court: We will appear in court on your behalf to explain the circumstances, negotiate with the prosecutor or judge, and work to resolve the warrant in the most favorable way possible.
  • Minimize potential consequences: Depending on the reason for the warrant, we will work to minimize any potential penalties, such as jail time or further legal complications.
  • Provide guidance and support: We understand that dealing with a bench warrant can be stressful. We will provide you with clear communication, guidance, and support throughout the process.

If you have a bench warrant in Michigan, contact Komorn Law immediately for experienced legal assistance. We can help you navigate the legal system and resolve the warrant efficiently and effectively.

DO NOT IGNORE A BENCH WARRANT.

Getting picked up on a bench warrant 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

Accused of Traffic Violation? – 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 – Traffic Offenses

Criminal Law FAQs – Traffic Offenses

Jun 4, 2025 | FAQs, Michigan Laws

Michigan Criminal Laws FAQs

Traffic Offenses

According to Michigan State Law (Michigan Compiled Laws – MCL), Traffic Offenses encompass a wide range of violations related to the operation of motor vehicles on public roads and highways. These offenses are primarily governed by the Michigan Vehicle Code (MCL 257.1 et seq.) and include actions that endanger public safety, impede traffic flow, or violate regulations concerning vehicle equipment, registration, and driver licensing. While Operating While Intoxicated (OWI) is a significant category of traffic offenses, this blog post focuses on other violations.

FAQ 1: What are the potential consequences of speeding tickets and other traffic violations in Michigan?

The potential consequences of speeding tickets and other traffic violations in Michigan, as generally outlined in MCL 257.901 et seq. and related sections, can vary significantly depending on the specific offense. These consequences can include:

  • Fines: Monetary penalties that can range from a few dollars to hundreds of dollars, depending on the severity of the violation and local ordinances. Speeding fines, for example, often increase with the number of miles per hour over the limit.
  • Points on Your Driving Record: The Michigan Secretary of State’s office assigns points to your driving record for most moving violations. Accumulating too many points can lead to license suspension or revocation (as discussed in FAQ 2).
  • Increased Insurance Premiums: Insurance companies often consider points on your driving record when calculating premiums. Multiple violations or more serious offenses can result in significantly higher insurance rates.
  • Court Costs and Fees: In addition to fines, you may be required to pay court costs and other administrative fees associated with the traffic ticket.
  • Driver Responsibility Fees: For certain more serious traffic violations, the state may impose additional Driver Responsibility Fees, which are separate from fines and court costs.
  • License Suspension or Revocation: As mentioned, accumulating too many points can lead to the suspension or revocation of your driver’s license. Certain serious offenses, such as reckless driving or failing to stop at the scene of an accident, can also result in immediate license suspension or revocation.
  • Jail Time: While less common for minor traffic infractions, certain more serious traffic offenses, such as reckless driving causing injury or death, can carry potential jail or prison sentences.
  • Community Service: In some cases, the court may order community service as part of the penalty for a traffic violation.
  • Mandatory Driver Improvement Courses: For certain violations or upon accumulating a certain number of points, the Secretary of State may require you to attend a driver improvement course.

FAQ 2: Can I lose my driver’s license for accumulating too many points?

Yes, you can lose your driver’s license in Michigan for accumulating too many points on your driving record, as governed by MCL 257.320 and related administrative rules. The Michigan point system assigns a certain number of points to different traffic violations. If you accumulate a specified number of points within a certain timeframe, the Secretary of State is required to take action against your driving privileges:

  • Accumulating 12 points within a 2-year period: Can result in a driver re-examination.
  • Accumulating more points within specific timeframes can lead to license suspension:
    • 12 points within 2 years: Potential for license suspension.
    • More points accumulated over longer periods can also lead to suspensions.

The duration of the suspension typically increases with the number of points accumulated. It’s important to be aware of the points associated with different traffic violations and to drive responsibly to avoid accumulating excessive points. The Secretary of State will notify you if you are facing license suspension due to points.

FAQ 3: What is reckless driving in Michigan?

MCL 257.626 defines reckless driving in Michigan as operating a vehicle upon a highway or other place open to the general public, including an area designated for the parking of motor vehicles, in willful or wanton disregard for the safety of persons or property.

Key elements of reckless driving include:

  • Willful or Wanton Disregard: This means acting intentionally or with a conscious indifference to the consequences, knowing that the conduct is likely to cause harm. It’s more than just ordinary negligence or carelessness.
  • Safety of Persons or Property: The conduct must pose a significant risk to the safety of individuals or property.

Examples of actions that could be considered reckless driving include:

  • Excessive speeding in hazardous conditions.
  • Weaving in and out of traffic.
  • Passing in no-passing zones with oncoming traffic.
  • Ignoring traffic signals or signs in a dangerous manner.
  • Engaging in “road rage” behavior while driving.

Reckless driving is a more serious traffic offense than typical speeding or minor infractions and carries more severe penalties.

FAQ 4: What should I do if I receive a traffic ticket in Michigan?

If you receive a traffic ticket in Michigan, you generally have a few options:

  1. Plead Guilty (Admit Responsibility): You can pay the fine and any associated costs by the due date indicated on the ticket. By doing so, you are admitting responsibility for the violation, and points may be added to your driving record.
  2. Plead Not Guilty (Deny Responsibility): You can indicate that you wish to contest the ticket. This typically involves contacting the court within the specified timeframe to schedule a hearing. At the hearing, you will have the opportunity to present your case to a judge or magistrate.
  3. Request a Formal Hearing (Civil Infraction): For civil infractions (most traffic tickets), you can request a formal hearing where the police officer who issued the ticket must be present and prove the violation.
  4. Request a Informal Hearing (Civil Infraction): You can also request an informal hearing where you can discuss the ticket with a court official (often a magistrate or referee), and the officer may or may not be present. This can sometimes lead to a reduced fine or a non-moving violation.

It’s important to carefully read the information on your ticket for specific instructions and deadlines for responding to the court. Failing to respond can result in additional penalties, such as late fees and potential license suspension.

Recent FAQ Posts – More Below

Criminal Law FAQs – Bench Warrant

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FAQ 5: Should I hire a lawyer for a traffic ticket in Michigan?

Whether you should hire a lawyer for a traffic ticket in Michigan depends on the severity of the charge and the potential consequences. Consider hiring a lawyer if:

  • You are facing a serious traffic offense: Charges like reckless driving, driving with a suspended license, or violations that could result in jail time or significant license suspension often warrant legal representation.
  • You have accumulated a significant number of points on your driving record: A lawyer may be able to help you avoid further points that could lead to a license suspension.
  • You believe the ticket was issued in error or you have a strong defense: A lawyer can help you build your case and present it effectively in court.
  • You are concerned about the impact on your insurance rates: In some cases, a lawyer may be able to negotiate a resolution that minimizes the impact on your insurance premiums.
  • You are a commercial driver (CDL holder): Traffic violations can have serious consequences for CDL holders, potentially affecting their livelihood. Legal representation is often advisable.

For minor speeding tickets or non-moving violations, hiring a lawyer may not be cost-effective. However, for more serious offenses or situations where your driving privileges are at risk, consulting with an attorney experienced in Michigan traffic law can be a wise decision. They can advise you on your rights, explore potential defenses, and represent you in court to achieve the best possible outcome.

Facing a Traffic Violation in Michigan?

Facing a Traffic Violations 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

Accused of Traffic Violation? – 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 – 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: