A friend had a drunk driving offense 17 years ago and just got arrested for drunk driving (not sure what he blew) but the reason he got pulled over was a loud exhaust on his car. Will this be considered his first offense since the actual first one was so long ago with a clean record until now for 17 years? Also will his license be suspended? He said that at his arraignment he was told it will be treated as a first offense. I thought as far as the court goes a drunk driving charge stays on your record. Just want to help him find out what he is facing. This is in mid Michigan.
1 Answer from Attorneys
First, his license should not be at issue with respect to the former drunk driving conviction because it did not occur within 7 years. Second, the record may or may not show on lien and it may go unnoticed. Regardless, it would not come into play with respect to his driving privileges as a second offender. Third, he should NOT just simply plead guilty until he's explored all of his options with an experienced DUI attorney, more particularly, the 'stop' of his vehicle. A loud exhaust may be construed as a valid basis but maybe not. Further, even so, the Police must have reasonable suspicion that he was intoxicated at the time... read more at www.attorneyofmichigan.com
Good Luck, you are a good friend for going out of your way to help him.
Daniel Hajji & Associates
www.hajjilaw.com
888.432.6425
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