Michigan Crimes & Criminal Laws

Arrested for OUIL in Michigan?

Summary of Michigan OUIL/OWI/DWI/UBAL Criminal Laws

Criminal Sentencing/Administrative Consequences – Repeat Offender (OUIL/OWI/DWI,Alcohol Convictions)

OUIL/UBACOUID

§625(1)

OWI§625(3) OUIL/OWIDeath/Injury

§625(4)&(5)

ZeroTolerance

§625(6)

ChildEndangement

§625(7)

.04 CDL§625m(1)

1st Offense (no prior 625 Crime)

MisdemeanorFine/Jail/

Comm Svc: 1 or more of following: Up to 93 days jail; $100-$500 fine; up to 45 days comm svc.

Licensing:30/150 Susp./rest

Plate conf: None

Immob:Permissive up to 180 days [90-180 days if prior 653a(3)]

Reg Deny: None

Forf: None

MisdemeanorFine/Jail/

Comm Svc:

1 or more of following: Up to 93 days jail; up to $300 fine; up to 45 days comm svc.

Licensing:

90 day rest

Plate conf:

None

Immob:

Permissive up to 180 days [90-180 days if prior 653a(3)]

Reg Deny:

None

Forf: None

FelonyFine/Jail/

Comm Svc:

Death – prison up to 15 years OR $2,500-$10,000 fine, or both.

Injury -prison up to 5 years OR $1,000-$5,000 fine OR both.

Emergency Responder Death-prison up to 20 years or $2,500 to $10,000 fine, or both.

Licensing:

minimum 1 year revocation/

denial

Plate conf:

Required

Immob:

Required up to 180 days [90-180 days if prior 653a(3)]

Reg Deny:

None

Forf:Permissive

MisdemeanorFine/Jail/

Comm Svc:

Up to $250 fine OR up to 45 days comm svc, or both.

Licensing:

30 day rest.

Plate conf:

None

Immob:

None [90-180 days if prior 653a(3)]

Reg Deny:

None

Forf:

None

MisdemeanorFine/Jail/

Comm Svc:

$200-$1,000 fine AND one or more of the following: 5days to 1year jail; 30-90 days comm svc.

Licensing:

90/90 susp./rest.

Plate conf:

None

Immob:

Permissive up to 180 days[90-180 days if prior 653a(3)]

Reg Deny:

None

Forf:

Permissive

MisdemeanorFine/Jail/

Comm Svc:

Up to $300 fine OR up to 93 days jail, or both.

Licensing:

CDL – 1 yr susp, OPR 90 day rest., HAZ-3yr susp.

Plate conf:

None

Immob:

Permissive up to 180 days [90-180 days if prior 653a(3)]

Reg Deny:

None

Forf:

None

2nd Offense or any prior 625 or 653a(4) crime within 7 years

MisdemeanorFine/Jail/

Comm Svc:

$200-$1,000 fine AND one or more of the following: 5 days to 1 year jail; 30-90 days comm svc.

Licensing:

minimum 1 year revocation/

denial

Plate conf:

Required

Immob:

Required 90 to 180 days unless forfeited [1-3 years if prior 653a(3)]

Reg Deny:

None

Forf:

Permissive

MisdemeanorFine/Jail/

Comm Svc:

$200-$1,000 fine AND one or more of the following: 5 days to 1 year jail; 30-90 days comm svc.

Licensing:

minimum 1 year revocation/

denial

Plate conf:

Required

Immob:

Required 90 to 180 days unless forfeited [1-3 years if prior 653a(3)]

Reg Deny:

None

Forf:

Permissive

FelonyFine/Jail/

Comm Svc:

Death -prison up to 15 years OR $2,500-$10,000 fine OR both.

Injury -prison up to 5 years OR $1,000-$5,000 fine OR both.

Emergency

Responder Death -prison up to 20 years OR $2,500 to $10,000 fine, or both.

Licensing:

minimum 5 year revocation/

denial

Plate conf:

Required

Immob:

Required 90 to 180 days unless forfeited [1-3 years if prior 653a(3)]

Reg Deny:

None

Forf:

Permissive

MisdemeanorFine/Jail/

Comm Svc:

One or more of the following: up to 60 days comm svc; up to 93 day jail.

Licensing:

90 day susp OR if prior §625 then minimum 1 year revocation/

denial

Plate conf:

None

Immob:

None [1-3 years if prior 653a(3)]

Reg Deny:

None

Forf:

None

FelonyFine/Jail/

Comm Svc:

$500-$5,000 fine AND either of the following: 1-5 years prison; probation with 30 days to 1 year jail AND 60-180 days comm svc.

Licensing:

minimum 1 year revocation/

denial

Plate conf:

Required

Immob:

Required 90 to 180 days unless forfeited [1-3 years if prior 653a(3)]

Reg Deny:

None

Forf:

Permissive

MisdemeanorFine/Jail/

Comm Svc:

Up to $1,000 fine OR up to 1 year prison, or both.

Licensing:

CDL-minimum 10 yr rev. OPR 1 yr rev/den.

Plate conf:

Required

Immob:

Required 90 to 180 days [1-3 years if prior 653a(3)]

Reg Deny:

None

Forf:

None

3rd Offense or 2 prior 625 or 653a(4) crimes within 10 years

FelonyFine/Jail/

Comm Svc:

$500-$5,000 fine AND either of the following: 1-5 years prison; probation with 30 days to 1 year jail AND 60-180 days comm svc.

Licensing:

minimum 5 year revocation/

denial

Plate conf:

Required

Immob:

Required 1 to 3 years unless forfeited [“Prior” includes 653a(3)]

Reg Deny:

Required

Forf:

Permissive

FelonyFine/Jail/

Comm Svc:

$500-$5,000 fine AND either of the following: 1-5 years prison; probation with 30 days to 1 year jail AND 60-180 days comm svc.

Licensing:

minimum 5 year revocation/

denial

Plate conf:

Required

Immob:

Required 1 to 3 years unless forfeited [“Prior” includes 653a(3)]

Reg Deny:

Required

Forf:

Permissive

FelonyFine/Jail/

Comm Svc:

Death -prison up to 15 years OR $2,500-$10,000 fine OR both.

Injury – prison up to 5 years OR $1,000-$5,000 fine OR both.

Emergency Responder Death– prison up to 20 years OR $2,500 to $10,000 fine, or both.

Licensing:

minimum 5 year revocation/

denial

Plate conf:

Required

Immob:

Required 1 to 3 years unless forfeited [“Prior” includes 653a(3)]

Reg Deny:

Required

Forf:

Permissive

EndangementZero Tolerance w/occupant

<16 Misdemanor

Fine/Jail/

Comm Svc:

1st One or more of the following: up to 60 days comm svc; up to $550 fine; up to 93 days jail.

2nd- $200-$1,000 fine AND one or more of the following: 5 days to 1 year jail; 30-90 days comm svc.

Licensing: 1st-90/90 susp./rest. 2nd-revoke

Plate Conf:See 1st, 2ndoffense.

Immob: See 1st & 2nd

Reg Deny:

None

Forf:Permissive

FelonyFine/Jail/

Comm Svc:

$500-$5,000 fine and either of the following: prison from 1-5 years; probation with 30 days to 1 year jail AND 60-180 days comm svc.

Licensing:

CDL-rev for LIFE-if prior approval, OPR-minimum 5 yr den/rev

Plate conf:

Required

Immob:

Required 1 to 3 years [“Prior”“ includes 653a(3)]

Reg Deny:

Required

Forf:

None

Criminal Sentencing/Administrative Consequences – Repeat Offender (Driving While Suspended Convictions)

DWLS§904(1) Knowing Allowed Someone to DWLS §904(2) DWLS Causing Death §904(4) DWLS Causing Serious Injury §904(5) Knowingly Allowed Someone to DWLS Causing Death §904(7) Knowingly Allowed Someone to DWLS Causing Serious Injury §904(7)

1st Offense (no *priors)

MisdemeanorFine/Jail/

Comm Svc:

Up to 93 days jail; up to $500 fine, or both.

Licensing:

Mandatory additional under §904(10), (11) and (12)

Plate conf:

None. (Cancel upon notice by officer)

Immob:

None

Reg Deny:

None

Forf:

None

MisdemeanorFine/Jail/

Comm Svc:

Up to 93 days jail; up to $500 fine, or both.

Licensing:

Mandatory additional under §904(10), (11) and (12)

Plate conf:

None. (Cancel upon notice by officer)

Immob:

None

Reg Deny:

None

Forf:

None

FelonyFine/Jail/

Comm Svc:

Prison up to 15 years; $2,500-$10,000 fine, or both.

Licensing:

minimum 1 year revocation/

denial

Plate conf:

Required

Immob:

Required up to 180 days, unless forfeited.

Reg Deny:

None

Forf:

Permissive

FelonyFine/Jail/

Comm Svc:

Prison up to 5 years; $1,000-$5,000 fine, or both.

Licensing:

minimum 1 year revocation/

denial

Plate conf:

Required

Immob:

Required up to 180 days, unless forfeited.

Reg Deny:

None

Forf:

Permissive

FelonyFine/Jail/

Comm Svc:

Prison up to 5 years; $1,000-$5,000 fine, or both.

Licensing:

None

Plate conf:

None

Immob:

None

Reg Deny:

None

Forf:

None

FelonyFine/Jail/

Comm Svc:

Prison up to 2 years; $1,000-$5,000 fine, or both.

Licensing:

None

Plate conf:

None

Immob:

None

Reg Deny:

None

Forf:

None

2nd Offense or 1 *prior 904 susp within 7 years

MisdemeanorFine/Jail/

Comm Svc:

Up to 1 year jail; up to $1,000 fine, or both.

Licensing:

Mandatory additional under §904(10), (11) and (12)

Plate conf:

None (Cancel upon notice by officer)

Immob:

Permissive

up to 180 days

Reg Deny:

None

Forf:

MisdemeanorFine/Jail/

Comm Svc:

Fine/Jail/

Comm Svc:

to 1 year jail; up to $1,000 fine, or both.

Licensing:

Mandatory

additional under §904(10), (11) and (12)

Plate conf:

None. (Cancel upon notice by officer)

Immob:

Permissive up to 180 days

Reg Deny:

None

Forf:

None

FelonyFine/Jail/

Comm Svc:

Prison up to 15 years; $2,500-$10,000 fine, or both.

Licensing:

minimum 5 year revocation/

denial

Plate conf:

Required

Immob:

Required up to 180 days, unless forfeited.

Reg Deny:

None

Forf:

Permissive

FelonyFine/Jail/

Comm Svc:

Prison up to 5 years; $1,000-$5,000 fine, or both.

Licensing:

minimum 5 year revocation/

denial

Plate conf:

Required

Immob:

Required up to 180 days unless forfeited.

Reg Deny:

None

Forf:

Permissive

FelonyFine/Jail/

Comm Svc:

Same as 1stoffense.

FelonyFine/Jail/

Comm Svc:

Same as 1stoffense.

3rd Offense or 2 *prior 904 susp within 7 years

MisdemeanorFine/Jail/

Comm Svc:

Criminal-same.

Licensing:

Mandatory additional under §904(10), (11) and (12)

Plate conf:

Required

Immob:

90 to 180 days

Reg Deny:

None

Forf:

None

MisdemeanorFine/Jail/

Comm Svc:

Criminal-same

Licensing:

Mandatory additional under §904(10),

(11) and (12)

Plate conf:

Required

Immob:

90 to 180 days

Reg Deny:

None

Forf:

None

FelonyFine/Jail/

Comm Svc:

Criminal – same.

Licensing:

minimum 5 year revocation/

denial

Plate conf:

Required

Immob:

90 to 180 days, unless forfeited.

Reg Deny:

None

Forf:

Permissive

FelonyFine/Jail/

Comm Svc:

Criminal-same.

Licensing:

minimum 5 year revocation/

denial

Plate conf:

Required

Immob:

90 to 180 days, unless forfeited.

Reg Deny:

None

Forf:

Permissive

FelonySame as 1stoffense FelonySame as 1st

offense

4th Offense or 3 *prior 904 susp within 7 years

MisdemeanorFine/Jail/

Comm Svc:

Criminal-Same.

Licensing:

Mandatory additional under §904 (10),(11) and (12)

Plate conf:

IRequired

Immob:

90 to 180 days

Reg Deny:

Required

Forf:

None

MisdemeanorFine/Jail/

Comm Svc:

Criminal-Same.

Licensing:

Mandatory additional under §904 (10),(11) and (12)

Plate conf:

Required

Immob:

90 to 180 days

Reg Deny:

Required

Forf:

None

FelonyFine/Jail/

Comm Svc:

Criminal-Same.

Licensing:

minimum 5 year revocation/

denial

Plate conf:

Required

Immob:

90 to 180 days, unless forfeited.

Reg Deny:

Required

Forf:

Permissive

FelonyFine/Jail/

Comm Svc:

Criminal-Same.

Licensing:

minimum 5 year revocation/

denial

Plate conf:

Required

Immob:

90 to 180 days, unless forfeited

Reg Deny:

Required

Forf:

Permissive

5th Offense or 4 *prior 904 susp within 7 years

MisdemeanorFine/Jail/

Comm Svc:

Criminal-Same.

Licensing:

Mandatory additional under §904 (10),(11) and (12)

Plate conf:

Required

Immob:

1-3 years

Reg Deny:

Required

Forf:

None

MisdemeanorFine/Jail/

Comm Svc:

Criminal-Same.

Licensing:

Mandatory additional under §904 (10),(11) and (12)

Plate conf:

Required

Immob:

1-3 years

Reg Deny:

Required

Forf:

None

FelonyFine/Jail/

Comm Svc:

Criminal-Same.

Licensing:

minimum 5 year revocation/

denial

Plate conf:

Required

Immob:

1-3 years

unless forfeited.

Reg Deny:

Required

Forf:

Permissive

FelonyFine/Jail/

Comm Svc:

Criminal-Same.

Licensing:

minimum 5 year revocation/

denial

Plate conf:

Required

Immob:

1-3 years, unless forfeited

Reg Deny:

Required

Forf:

Permissive

FelonySame as 1st

offense.

FelonySame as 1stoffense.

*For purpose of immobilization, priors are defined as prior mandatory additional suspensions/revocations imposed pursuant to §904 (10), (11) or (12); not prior convictions of DWLS.

Substance Abuse Offenses

License Actions Imposed By Secretary of State

Offense Code Offense MCL 257.319 Repeat Offender Licensing Actions
1200 OWI §625(3) (1)     90 rest(2)     denial/revocation

(3)     denial/revocation

1220 OWID §625(3) (1)     180 rest
10001010

1100

1110/1020

OUIL §625(1)UBAC §625(1)

OUID §625(1)

Combined OUIL/UBAC/OUID

(1)     30 susp/150 rest(2)     denial/revocation
1030(1120)

1035

OUIL.OWI-Death §625(4)(OUID/OWID)

OUIL/OWI-Death of Emergency

Responder §625(4)

denial/revocation
1040(1130) OUIL/OWI-Injury §625(5)(OUID/OWID) denial/revocation
1150 Child Endangerment (1)     90 susp/90 rest(2)     denial/revocation

Commercial Driver License Offenses

1230 CDL – .04 BAC – Commerical License (1) 1 yr suspHazardous Endorsement

3 yr susp

(2) revocation for 10 yrs

1230 CDL – .04 BAC operator’s license (1) 90 rest(2) denial/Revocation

Juvenile Offenses

13001306 Open Intoxicants §624a (1) None(2) 30 susp/60 rest

(3) 60 susp/305 rest

13071308 Transport/Possess §624b (1) None(2) 30 susp/60 rest

(3) 60 susp/305 rest

1330 Fraudulent ID Purchase MCL436.33b(2) 90 susp
1240 Under 21 BAC §625(6)Zero Tolerance (1) 30 rest(2) 90 susp
1360 MIP MCL436.33b(1) (1) None(2) 30 susp/60 rest

(3) 60 susp/305 rest

1510 Joyriding MCL750.414 (1) 90 susp(2) 1 yrs susp

Felony Offenses

1500 UDAA MCL 750.413 (1)     1 yr susp(2)     denial/revocation
1706, 1707 Fleeing & Eluding MCL 750.179a – 1st and 2nd degree denial/revocation
1708,1709 Fleeing & Eluding §602a -3rd and 4th degree 1 yr susp
1450 Felonious Driving MCL750.191 (1)     1 yr susp(2)     denial/revocation
1430 Felony Auto Used (1)   1 yr susp(2)   denial/revocation
1807 Failure to Yield to Emergency Responder Causing Injury §653a(3) 90 susp
1808 Failure to Yield to Emergency Responder Causing Death §653a(4) denial/revocation
1400 Manslaughter MCL750.321/91 denial/revocation
1410 Negligent Homicide MCL750.324 denial/revocation
1420 Murder MCL750.391 denial/revocation

Other Offenses

1610 Leaving Scene of Accident Misdemeanor §617a 90 susp
1840 Theft of Vehicle Fuel MCL750.367c (1) 90 susp
3250 Unlawful Use of License §324 (1) 90 susp(2) 1 yr susp
1800 Reckless §626 (1) 90 susp(2) denial/revocation
3600 Alter/Forge Documents §257 1 yr susp
3630 Fraudulent Change of Address §319 (1) 180 susp(2) denial/revocation
3320 Perjury to SOS §903 (False Certification) (1) 90 susp(2) 1 yr susp
1825 Malicious DestructionMCL750.382(1)(b)(c)(d) 30 susp for damage <200
1830 Malicious Destruction MCL750.382 90 susp for damage >200
9200 Drug Crime §319c (1) court ordered-30 susp/ 150 rest(2) court ordered- 60 susp/ 305 rest
LEGEND:
257.625(1)=OUIL/UBAC/OUID (Drugs) 257.625a=Blood/Chemical Test-PBT
257.625(2)=Knowningly Allowing Another to OUIL 257.625b=Licensing Actions for Ct
257.625(3)=OWI 257.625c=IC
257.625(4)=OUIL/OWI/Death-15yr felony 257.625d=Report
257.625(5)=OUIL/OWI/Serious Injury=5yr felony 257.625e=Notice Procedure
257.625(6)=Zero Tolerance 257.625f=IC Hearing Authority
257.625(7)=Child Endangerment 257.625g=Permit
257.904(1)=Operator/Chauffeur DWLS 257.625h=Prevention/Equip Funds
257.904(2)=Knowingly Allow DWLS 257.625i=Audit
257.904(3)=DWLS(1)(2)Penalties 257.625j=Repealed
257.904(4)=DWLS causing Death 257.625k=Ignition Interlocks
257.904(5)=DWLS causing Serious Injury 257.625l=Ignition Interlocks
257.904(6)=DWLS/Death/or Serious Injury 257.625m=CDL-.04 BAC for CMV
257.904(7)=Knowingly Allowing DWLS/Death 257.625n=Forfeiture
257.904(8)=Prosecution list prior convictions
257.904(9)=Requirements to establish a prior
257.904(10)=Mandatory like additionals
257.904(11)=Mandatory 30 day suspensions 257.904c=Plate Confiscation
257.904(12)=Mandatory CDL additionals 257.904d=Immobilization Penalties
257.904(13)=Same incident language 257.904e=Immobilization: Manner
257.904(14)=Police provide Ct w/driving record 257.904f=Immobilization/Plate on LEIN
257.904(15)=Protecting human life exception
257.904(16)=CDL Driving Suspended/Revoked
257.904(17)=SECOND 904 SUSPENSION REQUIRES IMOBILIZATION
257.904(18)=Single Free FAC/FCJ Violation Exception
257.904(19)=Definition of never applied.

Immobilization Chart MCL 257.904d & 904e

Alcohol*

1st 2ndwithin 7 years 3rd or morewithin 10 years
OUIL/UBAC/OUIDOWI

Child Endangerment

OUIL/UBAC/OWI/

Death

OUIL/UBAC/OWI/

Injury

Up to 180 days 90-180 days 1-3 years
Person Under 21 with BAC None None None
Failure to Yield/ Injury/Emergency Responder None None None

*Priors include: Murder or Manslaughter with vehicle, 625m, Neg Hom & all those listed above. MCL 257.904d(8).

-OUIL  Operated Under Influence Liquor

-OUID Operated Under Influence Drugs

-UBAC Unlawful Blood Alcohol Content

-UBAL Unlawful Blood Alcohol Level

-OWI   Operating While Impaired

Driving While License Suspended/Revoked/Denied**

1 prior

904 additional

2 prior

904 additionals

within 7 years

3 prior

904 additionals

within 7 years

4 prior

904 additionals

within 7 years

5 or more

prior

904additionals

within 7 years

Any Conviction/ civil infraction during a suspension/ revocation None Up to 180 days 90-180 days 90-180 days 1-3 years
DWLS/R/ Death or Injury Up to 180 days Up to 180 days 90-180 days 90-180 days 1-3 years

 

**Prior additionals are defined as additional mandatory suspensions imposed pursuant to MCL257.904(10)(11)(12) or former MCL257.904(2) or (4) for driving during a period suspension or -DWLS/R Drove While License Suspended/Revoked

 

General Requirements:

Defendant must provide VIN# and plate# to court

Immobilization starts afer imprisonment

Immobilization applies if defendant is owner, co-owner, lessee or co-lessee

If defendant is not the owner, immobilization applies if owner knowingly permitted defendant to operate vehicle

Does not apply to vehicle registered in another state

Immobilization is defined in MCL257.904e

 

Prepared by Michigan Dept of State/Driver License Appeal Division 1/1/2001.  Compiled by Michael B. Rizik Jr, Personal Injury Attorney , 8226 South Saginaw Street, Ste A. Grand Blanc, MI 48439

A Michigan OUIL law was established in 1983, for OUIL in Michigan that requires any person arrested and convicted for any OUIL, alcohol-related driving violation (OUIL/OWI/UBAL) to undergo an alcohol assessment.

This OUIL alcohol assessment is completed before a person is sentenced on any violation (OUIL/OWI/UBAL).

The alcohol assessment is used to determine if a person has a substance abuse problem, and if so, whether rehabilitation will be of benefit. The defendant is then responsible for paying the cost (usually around $65) of the screening and assessment and all rehabilitative services.

OUIL/OWI/UBAL are three specific types of charges in Michigan involving the use of alcohol while driving a car for which you could be arrested and prosecuted. They stand for:

  • Operating Under the Influence of Liquor (OUIL)
  • Operating While Impaired (OWI)
  • Unlawful Blood Alcohol Level (UBAL)

To meet with an attorney regarding the specifics of your alcohol related arrest, please contact the firm for a free initial consultation.

Criminal Procedure :  Expungement

  • Purpose : The purpose of the expungement statute is to expunge the record of one-time offenders who satisfy the requirements of the act.
  • Applicability – Time : An application for expungement of a criminal conviction may not be filed until five years after imposition of the sentence, or until five years after completion of any term of imprisonment, whichever occurs later.  MCL 780.621(3)
  • Test – Nature of Offense : Upon application, a court may set aside a conviction upon a showing that the circumstances and behavior of the applicant from the date of the conviction to the filing of the application warrant the set aside and that setting aside the conviction is consistent with the public welfare. The nature of an offense does not alone preclude the setting aside of an offender’s record and will not justify denial of a petition to set aside a conviction. Rather, the circumstances and behavior of the applicant must be weighed against the public welfare.  MCL 780.621(9)
  • Multiple Convictions – Misdemeanors : A person who is convicted of not more than one offense may file an application with the convicting court for the entry of an order setting aside the conviction. A person may have only one conviction expunged.  Thus, a person convicted of only one offense may obtain expungement, but a person convicted of more than one offense may not obtain expungement. Multiple offenses which disqualify a person from expungement include any convictions, whether misdemeanor or felony.  MCL 780.621(1)
  • Controlled Substances – Delivery of 50 to 224 Grams : Generally, a person who is convicted of not more than one offense may apply with the convicting court for the entry of an order setting aside the conviction. However, a court may not set aside a conviction for a felony for which the maximum penalty is life in prison or a conviction for a traffic offense. The offense of delivery of between 50 and 224 grams of cocaine is subject to expungement. MCL 780.621(1), MCL 780.621(2)
  • Controlled Substances – Possession of 50 to 224 Grams – Lifetime Probation : A sentence of lifetime probation imposed for a controlled substances offense may not be altered except by imposing imprisonment. An expungement of a conviction is a reduction in a sentence of lifetime probation, and thus is improper.  MCL 771.2, MCL 780.621
  • Criminal Sexual Conduct, Third-Degree. Statutory Amendment – Retroactivity : The expungement statute is remedial and does not create new or destroy existing rights. The setting aside of a conviction is a privilege and conditional, and is not a right. Consequently, an amendment to the statute applies retroactively. In the case of People v Link, the defendant requested expungement of his third-degree criminal sexual conduct conviction, which the trial court denied. After the filing of his application for expungement, the expungement statute was amended to preclude the expungement of third-degree criminal sexual conduct convictions. Because the expungement statute applies retroactively, it precludes the expungement of the defendant’s record.  MCL 780.621
  • Juvenile Offense : A court may at any time for good cause expunge its own files and records pertaining to an offense by a minor other than certain offenses, including an offense which would be a criminal traffic violation if committed by an adult. The court must expunge the files and records when the person becomes thirty years old.  MCR 5.925(E)(2), MCR 5.925(E)(3)(a)

 

To meet with an attorney regarding the specifics of your arrest, contact the firm for a free initial consultation.

The Law Office of Joseph F. Awad, P.C. is Michigan’s Premier Criminal Defense Law Firm. Centrally located in Farmington Hills for Client Visits.

Contact us If you recently violated your probation, or were arrested for assault and battery, possession of a controlled substance, such as cocaine or marijuana, domestic violence, possession of paraphernalia, or any other crime.   There are legal actions we can take to help you.

Consequences of Violation of Probation

Upon finding a probationer guilty of violating a condition of probation, a sentencing court may:

  1. Continue probation without punishment for the violation
  2. Modify the conditions of probation or extend the period of probation
  3. Revoke probation and sentence the defendant on the underlying offense.

Probation – Revocation

The granting of probation is a matter of grace with no vested right to its continuance. If during probation it appears that the probationer is likely to again engage in criminal conduct, the court may revoke probation.

If probation is revoked, the court may sentence the probationer in the same manner and to the same penalty as it could have done if probation had never been granted.

MCL 771.4, MCR 6.445(G)

Michigan Assault and Battery,Domestic Violence Law, Laws:

A. ASSAULT AND BATTERY [MCLA 750.81]
Michigan Law defines a criminal assault and battery as an attempt or offer to do bodily injury with a present intention and ability to do so. See above. Assault is an attempt or threat, with unlawful force, to inflict bodily injury upon another, accompanied by the apparent present ability to carry out the intent if not deterred by another. A threat coupled with present ability may be considered an assault. Battery is the actual physical harm.

B. AGGRAVATED ASSAULT/ASSAULT AND INFLICTION OF SERIOUS INJURY. [MCLA 750.81a]
Any person who shall assault another without any weapon and inflict serious or aggravated injury upon the person of another without intending to commit the crime of murder and without intending to inflict great bodily harm less than the crime of murder, shall be guilty of a high misdemeanor, punishable by imprisonment in the county jail or the state prison for a period of not more than one year or a fine of $500 or both.

C. FELONIOUS ASSAULT [MCLA 750.82]
A felonious assault is an assault with a dangerous weapon without an intent to inflict great bodily harm.  Any person who shall assault another with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon, but without intending to commit the crime of murder, and without intending to inflict great bodily harm less than the crime of murder, shall be guilty of a felonious assault.

D. ASSAULT WITH INTENT TO DO GREAT BODILY HARM LESS THAN MURDER. Felony [MCLA 750.84]
Any person who shall assault another with intent to do great bodily harm less than the crime of murder, shall be guilty of a felony, punishable by imprisonment in the state prison, not more than ten years, or by a fine of not more than $5,000.

E. ASSAULT WITH INTENT TO MAIM. Felony [MCLA 750.86]
Any person who shall assault another with intent to maim or disfigure his person by cutting out or
maiming the tongue, putting out or destroying an eye, cutting or tearing off an ear, cutting or slitting or mutilating the nose or lips or cutting off or disabling a limb, organ, or member, shall be guilty of a felony, punishable by imprisonment in the state prison not more than ten years or by fine of not more than $5,000.

F. ASSAULT WITH INTENT TO COMMIT MURDER. Felony [MCLA 750.83]
Any person who shall assault another with intent to commit the crime of murder, shall be guilty of a felony, punishable by imprisonment in the state prison for life or any number of years.

G. CRIMINAL SEXUAL CONDUCT. {MCLA 750.520}
There are four degrees of criminal sexual conduct (usually known as rape). First, second, and third degrees are felonies. Fourth degree is a misdemeanor.

First and third degrees involve forced or coerced penetration. This can involve vaginal intercourse, anal or oral intercourse, or putting a finger or object in another person’s genital or anal opening.

Second and fourth degree involve forced or coerced sexual contact. This includes touching the groin, genital area, inner thigh, buttocks, or breasts, or the clothing covering those parts.

How serious the crime is depends on a number of factors such as: more than one rapist; a weapon; a physical injury other than the rape; extortion; or the element of surprise. If the victim is under 13, from 13 – 15 and the rapist is a member of the family or in a position of authority, this also makes the crime more serious. Criminal sexual conduct does not require a witness other than the survivor. It is a crime if the rapist is your spouse.

H. Malicious destruction of property [MCLA 750.377(a)]

I. Home Invasion, 3rd Degree. [MCLA 750.110(4)

If a person enters a house of another in violation of an existing court order or with the intent to or committing an assault therein, they have committed a felony.

J. Assault with intent to commit a felony [MCLA 750.87]

SUMMARY OF LAWS APPLICABLE TO DOMESTIC VIOLENCE

A. ARREST WITHOUT A WARRANT; ASSAULT AND BATTERY OR INFLICTION OF SERIOUS INJURY WITHIN HOUSEHOLD [MCLA 764.15a
This law is commonly known as the domestic violence warrant-less arrest statute. It allows the police officer to make an arrest if the officer has “reasonable cause” to believe that an assault has taken place, or is taking place, and that the person who committed the violation is a spouse, former spouse, or a person who resides or who has resided in the same household as the victim, or has a child in common with the victim. Under these circumstances, the officer may arrest the suspect without a warrant, whether the violation was committed in the presence of the officer or not.

B. ARREST WITHOUT A WARRANT FOR INJUNCTIVE ORDER VIOLATIONS. [MCLA 764.15b]
This statute gives police officers the authority to arrest and take into custody a person when the officer has reasonable cause to believe that there is a valid domestic assault restraining order with criminal penalties filed properly.

C. DOMESTIC DISPUTE VICTIMS; ADVISING OF AVAILABILITY OF SHELTER PROGRAM OR OTHER COMMUNITY SERVICES; NOTICE STATEMENT. [MCLA 764.15C]
After intervening in a domestic dispute, police officers are required by law to provide the victim with information on the availability of any local shelter program or other community services, and their phone numbers. A written notification of these services is to be given to the victim.

D. Amendment to the interim bond statute {Public Act 308, formerly Senate Bill 583MCLA 750.582.}
This law says that after a domestic assailant is arrested, he will be held until the next session of court where he will be arraigned. The only exception is if an arraignment could not take place within 24 hours.  In that case, he will be released on interim bond after being held for 20 hours.

E. Court Ordered Counseling Option for Assault Violations {MCLA 769.4A }
This law states that a person who pleads guilty or is convicted of assault, or assault and battery may be ordered by the court to participate in a mandatory counseling program as a condition of probation.

F. Crime Victim’s Rights Act {MCLA 780.751}
This law establishes protections and rights that allow the victims of certain crimes committed in Michigan to be active participants in the criminal justice process. The law defines a victim as: an individual who suffers direct or threatened physical, financial, or emotional harm as the result of the commission of a crime. Crimes covered by the act include felonies and high misdemeanors.

G. Compensation for Injured Crime Victims {MCLA 18.351}
Victims of certain personal injury crimes may receive financial compensation for particular losses that resulted from the crime.

H. Victims Seeking Help Assured of Confidentiality {MCLA 600.101}
Victims of sexual assault and domestic violence who seek the services of workers at sexual assault or domestic violence crisis centers have the protection of law that the counseling sessions are confidential and not admissible in the court without the victim’s written consent.

I. The Ann Arbor Mandatory Arrest Ordinance
There is an ordinance in Ann Arbor which states the police officers are required to arrest domestic assailants if they have reasonable cause to believe an assault took place and there are visible signs of injury or a threat with a weapon. This ordinance also requires police to call the SAFE House on-call team so that they can go to help the survivor of the assault. It requires them to call the survivor to let her know when the assailant will be released from jail.

J. Amendment to the Criminal Sexual Conduct Statute {MCLA 750.520} making spousal rape a crime. {Public Act 138 of 1988}
A spouse can be charged with rape of his partner in Michigan.

K. STALKING LAWS
Stalking is a crime in Michigan. A victim may press charges against stalker, obtain a restraining order with provisions for immediate arrest and criminal contempt penalties, and sue for actual and exemplary damages caused by the stalker.

1. Stalking – MCLA 750.411h
Stalking is defined as a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested. Behavior such as following the victim, showing up at his/her home or at work, confronting him/her in public or in private, making unwanted calls or sending unwanted letters, or leaving objects or “presents” for him/her at home, work, on/in his/her car or other property can be used as evidence of stalking. Stalking is a misdemeanor, punishable by imprisonment of up to one year and/or a fine of up to $1,000. In addition to incarceration and fines, an individual found guilty of stalking may also be put on probation for up to five years. The terms of probation may include an anti-stalking order, a no contact order, and/or mandatory counseling for the assailant, at his one’s expense.

2. Aggravated Stalking – MCLA 750.411i
An individual who engages in stalking is guilty of aggravated stalking if his actions include one or more of the following: making a credible threat of injury to the victim or a member of the victim’s family or household; violating a domestic assault or anti-stalking restraining order; violating a condition of bond, pre-trial release or probation arising from a stalking charge; or having a previous conviction for stalking or aggravated stalking. Aggravated stalking is a felony, punishable by imprisonment of up to five years, and/or a fine of up to $5,000. In addition to incarceration and fines, probation may be ordered for any number of years, but not less than five years. The terms of probation may include an anti-stalking order, a no contact order, and/or mandatory counseling for the stalker, at his own expense.

3. Anti-Stalking Restraining Orders – MCLA 600.2950a, MCLA 764.15b
A victim of stalking may petition the court for a restraining order to prohibit stalking behaviors. The order must be specific as to the particular behaviors to be restrained, but may include (though not be limited to): Following or appearing within the sight of the victim, Approaching or confronting the victim in a public place or on private property; Appearing at the victim’s home, work, or school; Entering onto or remaining on property owned, leased, or occupied by the victim; Contacting the victim by telephone, mail or electronic mail; and Placing an object on or delivering an object to property owned, leased, or occupied by the victim. Violation of a valid anti-stalking restraining order is punishable by immediate arrest and the criminal contempt powers of the court. If found guilty of criminal contempt, the stalker may be sentenced to up to 90 days in jail and/or fined up to $500.00. An individual who violates an anti-stalking order may also be prosecuted and convicted of aggravated stalking for the same violation. [MCLA 750.411i(6)]

2. PERSONAL PROTECTION ORDERS

Personal protection orders (formerly restraining orders) (pursuant to MCLA 600.2950) are civil orders of the circuit court designed to protect domestic violence victims. The victim must demonstrate to the circuit court that there is reasonable cause to believe that the person they are seeking the order against may commit one or more of the acts. An attorney is needed to present this complaint to the circuit court. The request must state specific incidents of assaults/ and/or threats, and may describe injuries sustained and names of witnesses.

Personal protection orders (pursuant to MCLA 600.2950) are for domestic violence victims only. A relationship must exist between the victim or the perpetrator. They must be: married, formerly married, residing together, formerly residing together, have a child in common, or have a dating or formerly dating relationship.

Personal protection orders can prohibit the assailant from: assaulting, beating, molesting or wounding, entering on to the premises, removing minor children from the individual having legal custody,  threatening to kill or physically injure a named person, interfering with the victim at her place of employment, engaging in conduct which impairs the victim’s employment relationship or environment, or any other specific act that imposes a restraint upon the victim’s personal liberty or causes a reasonable apprehension of violence.

Stalking language (MCLA 600.2450A) can be added to personal protection orders that restrains the assailant from: following or appearing within the sight of the victim approaching or confronting the victim in a public place or private property approaching at the victim’s home, work or school entering onto or remaining on property owned, leased or occupied by the victim contacting the victim by telephone, mail or electronic mail placing an object on or delivering an object to property owned, leased, or occupied by the victim. The circuit court judge decides whether to issue a personal protection order. If the judge does not, s/he must immediately state in writing and on the record the reasons for so refusing. Victim may keep her address confidential. The order goes into effect immediately after the judge signs it. Service may be by registered mail. The assailant has an opportunity to object and to appear for a hearing. Police may arrest without a warrant when an assailant violates a personal protection order. A “show cause” hearing is held. If the assailant is found by the judge to have violated the order of the court, the assailant could be sentenced to up to 93 days in jail and receive a $500 fine or both.