Legal Question in DUI Law in Michigan

dui offense

is a Dui a misdemeanor or a felony?


Asked on 10/26/07, 7:52 pm

2 Answers from Attorneys

Re: dui offense

It depends

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Answered on 10/26/07, 8:37 pm
David Kelly-952-544-6356 Kelly Law Office

Re: dui offense

First offense is a misdemeanor. Second in ten years is a gross misdemeanor. After that, the fifth offense can be a felony.

If there is an additional factor with the first offense, it can become a gross misdemeanor: a reading of over .20, a minor child as a passenger in the car, a serious injury - such factors enhance the level of the offense.

Like many of the questions I see here, it is deceptively simple. What kind of crime is a DWI? That depends.

If you have been charged with one of these, you make a serious mistake to try to face it without a lawyer.

Assuming you are doing this without a lawyer: don't you ever dare to come back here with the following question (which I seem to get all the time): "So how long before this drops off my record?" OR "What do I have to do to get this expunged from my record?" The answer to those is: It's on your record for the rest of your life and it can't be expunged.

So face this without a lawyer if you want to, but if you get tired of the consequences of doing that after a few years, you have nobody to blame but yourself. Don't whine about how unfair things are. Too late then.

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Answered on 10/26/07, 9:12 pm


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