Legal Question in DUI Law in Michigan

Dui

I was arrested for a DUI, at the time

of the 2nd breath test I asked for an

attorney, not understanding a 2nd

one.

I was hauled back off to the hospital

for a blood test. I hired a lawyer to

appeal this, because in Mi it is

considered a refusal and therefore

automatic 1 yr lose of license. The

lawyer I obtained did not do it, when

I received a letter from the state that

I had just lose my license for a year,

I contacted my lawyer, 3 days of him

not returning my call I went to his

office and waited. He said didn't you

do it. Now how was I to know, I

figured that is what I gave him the

money to do. Now it's been 2 days

again, he was going to check into it

and get back with me the next day.

1 more day and my license is gone, I

don't even know if he showed up to

court to plea for me. There may be a

warrent out for my arrest. Any idea's

on what I can do at this point.


Asked on 4/10/08, 8:30 pm

2 Answers from Attorneys

Re: Dui

It sounds like you did not hire an experienced and aggressive attorney that understands drunk driving cases. For more information, go to:

www.WinDrunkDriving.com

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Answered on 4/11/08, 8:19 am
William Morrison Action Defense Center

Re: Dui

Once you refuse to take the DataMaster test in the police station, you're given a notice that you have 14 days to file a notice of appeal with the DLAD. You must sign and file the original notice. Your attorney would have advised you of this once you told him of your refusal. A hearing would have then been scheduled within approximately six weeks.

If he didn't do this, it was a mistake. However, since you gave no reason for your refusal in your post, it is highly unlikely you would have prevailed at the hearing. The one year suspension would have taken effect later than sooner had you gone to a hearing.

Your lawyer or the court should have informed you of your pretrial hearing. If you're in doubt and can't communicate with the attorney, call the court and ask the criminal or traffic clerk for the date. This will relieve you of any anxiety that a warrant has been issued.

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Answered on 4/10/08, 9:40 pm


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