The U.S. government website for customs and border protections officially states that Canada does not allow a person with a DUI conviction to enter their county unless that person has express permission from Canadian officials. 

Under Canada’s Immigration and Refugee Protection Act, a person convicted of a crime may be prohibited from entering Canada to visit, work, or immigrate.  This prohibition, or inadmissibility, is discretionary, with the power to prohibit entry placed into the hands of Citizenship and Immigration Canada. 

If you're faced with a drunk driving charge in Michigan, you must speak to your attorney about this issue.  A drunk driving conviction cannot be expunged from your record, and you may be banned from Canada for the rest of your life.  This harsh reality can have a major impact on certain careers, especially if you're required to travel to from Michigan to Canada on a regular basis. Expunging your Michigan DUI? A potential solution
​

​1. Tell me where you were before being approached by the police? Most clients are somewhere consuming alcohol.  This could be your home, a bar, restaurant, party or another venue.  This information will give your attorney a starting point in determining your alcohol consumption and time frame, which the alcohol was consumed.

2. What were you drinking, and how much? Drinking beer, wine or liquor makes a difference, and of course the amount of alcohol you consumed.  You may not remember exact amounts, but even a good guess or estimation will give your attorney a lot of valuable information to assess your case.

3. When and how long ago did you consume alcohol prior to being approached by the police? I always use this example with clients.  If you’re stone cold sober, and you do a quick shot of alcohol, and jump behind the wheel, your blood alcohol content is going to be at 0.00 for a short period of time.  Only after some time passes, will your body absorb the alcohol, and you will register a blood alcohol content.  This important information will allow your attorney to compare the test results to what you actually consumed.

4. How did the police approach you? I don’t use the phrase “traffic stop” because some Michigan drunk driving cases don’t start with a true traffic stop.  Some clients are approached while parked in a parking lot or after a car accident.  Depending upon this answer, the law will view your case in different ways, and present you with different options.

5. What was the conversation like with the police officer? Some interactions begin with a calm and polite inquiry by a police officer, and some start off as an immediate interrogation.  The officer may ask for your driver’s license and registration, and inquire to your whereabouts prior to this conversation.  You have a right not to speak to the police officer, but most people will cooperate and provide some information.

6. What did you tell the police about driving? This seems like an odd question, but in a case where you’re not observed driving a vehicle by a witness, the prosecutor may have difficult proving that you were driving, which is one of the two elements of Michigan drunk driving cases.  This could be the case if you’re observed outside of a car, after a traffic accident or you’re found parked on the side of the road.  If you make a statement about driving the car then it may make the prosecutor’s case a lot easier to prove.

7. Did you tell the police you consumed alcohol? While a police officer is trained to detect consumption of alcohol, and you may take tests that show you consumed alcohol, your own statements about alcohol could be important evidence.  There’s a big difference between telling a police officer you drank a beer an hour ago, versus you just polished off ten beers at the pub. Believe it not, recent consumption of alcohol could be more favorable for your case.

8. Did the officer have probable cause to arrest you? Now you may not be familiar with this term, but your attorney will flush out whether or not the officer made a legal arrest. Police officers in Michigan need probable cause to make an arrest.  Officers need a certain level of evidence that you violated one of the drunk driving statutes in order to legally arrest you.  This evidence will come from your statements, along with field sobriety tests, observations by the officer and a portable breath test.

9. What field sobriety tests were performed?  This could be reciting the alphabet, counting, the one-legged stand, the walk-and-turn, and a number of other tests.  The results of these tests will help or hurt your case.  I also find it interesting, which tests are offered to certain people in different situations.  Most clients fail these tests, because police officers will find any reason to fail a subject.

10. What sort of observations did the officer make? While this information will be contained in the police report, it’s important to hear from the source.

11. Was there an odor of alcohol? Alcohol has no odor! At trial, when the officer is questioned on cross examination of whether the smell was from beer or wine or mixed drink, it is clear that they have no independent recollection of what they smelled.

12. Did you have bloodshot or watery eyes? The officer will have to admit that they do not know what your client's eyes normally look like. They will have to admit that they don't know how long a client had been awake that day or what sort of eyestrain they may have experienced during the day. If a photo was taken of your client by the officer or at the jail, try to take a look at it to see if the eyes look normal in the picture. Also, at trial, sometimes the client’s eyes will look bloodshot and it is a not a waiver of the Fifth Amendment right to remain silent by having the officer observe the client's eyes at trial and testify that they are bloodshot.

13. Did you have slurred speech?  Again, the officer will have to admit that they do not know your client's normal speech pattern. The officers have forms which have checkmarks to fill in for these observations and field sobriety test results. On cross examination, it is often clear that the officer has no independent recollection other than what was checked on this form. Thus, an effective way to attack testimony about slurred speech is to ask the officer whether he understood what the client was saying. Then the officer should be asked whether the client slurred every word or just some words. Very often, the only slurring was the client rapidly saying the letters LMNOP while doing the alphabet.

14. Did you take a portable breath test, and were you read your rights? These test results can help form the basis of probable cause for arrest, but generally (minus a few exceptions) are not admissible at your trial.  A police officer cannot force you to take this test; you should have been read your rights, and been informed that failure to take this test will result in a civil infraction.  THAT IS ALL! You will not lose your license if you refuse this test.  The officer may say that you will go to jail if you refuse, technically this might be true, but its not because you didn’t take the test, it’s because you’re going to jail already, unless you can show your blood alcohol content is below the legal limit.  Even then the officer may still arrest you.

15. Once arrested, were you read your chemical test rights? Like the portable breath test, a police officer must read you your chemical test rights, and inform you of the consequences of not taking the officer’s choice of test.  Failure to take a chemical test results in an automatic one year suspension of your license and 6 points on your master driving record.  From there, the police officer can seek a warrant to draw blood, which could provide for evidence to be used against you.

16. Assuming you took a DataMaster test, did the officer observe you for 15 minutes, and check your mouth for foreign objects? The DataMaster training manual states that the operator of the machine, must observe a subject for 15 minutes prior to administering the DataMaster test, and check the subjects mouth for foreign objects, which might affect the results of this chemical test.  It may be possible to obtain a video of this test, but usually the client can provide this important information.

17. Assuming you had blood drawn instead of the DataMaster test, who drew the blood, and were certain procedures followed? There are very strict protocols for drunk driving cases where the police obtain blood evidence from your person.  One major red flag is the use of rubbing alcohol on the skin prior to drawing blood.  Another issue is whether two vials of blood were taken, and sealed in a Michigan State Police blood kit.

18. How were things left with the police officer? Most clients charged with a DUI will be released within a short period of time.  You be granted a cash bond by the police officer, and given a court date or told that you will be receiving something in the mail with your first court date.  This could give your lawyer more information about how your case is scheduling going forward.

​This is the approach that probation officers, judges and prosecutors don't even consider, but when we come to court, they are pleasantly surprised 

​8. Did the officer have probable cause to arrest you? Now you may not be familiar with this term, but your attorney will flush out whether or not the officer made a legal arrest. Police officers in Michigan need probable cause to make an arrest.  Officers need a certain level of evidence that you violated one of the drunk driving statutes in order to legally arrest you.  This evidence will come from your statements, along with field sobriety tests, observations by the officer and a portable breath test.

9. What field sobriety tests were performed?  This could be reciting the alphabet, counting, the one-legged stand, the walk-and-turn, and a number of other tests.  The results of these tests will help or hurt your case.  I also find it interesting, which tests are offered to certain people in different situations.  Most clients fail these tests, because police officers will find any reason to fail a subject.

10. What sort of observations did the officer make? While this information will be contained in the police report, it’s important to hear from the source.

11. Was there an odor of alcohol? Alcohol has no odor! At trial, when the officer is questioned on cross examination of whether the smell was from beer or wine or mixed drink, it is clear that they have no independent recollection of what they smelled.

12. Did you have bloodshot or watery eyes? The officer will have to admit that they do not know what your client's eyes normally look like. They will have to admit that they don't know how long a client had been awake that day or what sort of eyestrain they may have experienced during the day. If a photo was taken of your client by the officer or at the jail, try to take a look at it to see if the eyes look normal in the picture. Also, at trial, sometimes the client’s eyes will look bloodshot and it is a not a waiver of the Fifth Amendment right to remain silent by having the officer observe the client's eyes at trial and testify that they are bloodshot.

13. Did you have slurred speech?  Again, the officer will have to admit that they do not know your client's normal speech pattern. The officers have forms which have checkmarks to fill in for these observations and field sobriety test results. On cross examination, it is often clear that the officer has no independent recollection other than what was checked on this form. Thus, an effective way to attack testimony about slurred speech is to ask the officer whether he understood what the client was saying. Then the officer should be asked whether the client slurred every word or just some words. Very often, the only slurring was the client rapidly saying the letters LMNOP while doing the alphabet.

14. Did you take a portable breath test, and were you read your rights? These test results can help form the basis of probable cause for arrest, but generally (minus a few exceptions) are not admissible at your trial.  A police officer cannot force you to take this test; you should have been read your rights, and been informed that failure to take this test will result in a civil infraction.  THAT IS ALL! You will not lose your license if you refuse this test.  The officer may say that you will go to jail if you refuse, technically this might be true, but its not because you didn’t take the test, it’s because you’re going to jail already, unless you can show your blood alcohol content is below the legal limit.  Even then the officer may still arrest you.

​1. Tell me where you were before being approached by the police? Most clients are somewhere consuming alcohol.  This could be your home, a bar, restaurant, party or another venue.  This information will give your attorney a starting point in determining your alcohol consumption and time frame, which the alcohol was consumed.

2. What were you drinking, and how much? Drinking beer, wine or liquor makes a difference, and of course the amount of alcohol you consumed.  You may not remember exact amounts, but even a good guess or estimation will give your attorney a lot of valuable information to assess your case.

3. When and how long ago did you consume alcohol prior to being approached by the police? I always use this example with clients.  If you’re stone cold sober, and you do a quick shot of alcohol, and jump behind the wheel, your blood alcohol content is going to be at 0.00 for a short period of time.  Only after some time passes, will your body absorb the alcohol, and you will register a blood alcohol content.  This important information will allow your attorney to compare the test results to what you actually consumed.

​1. What was the conversation like with the police officer? Some interactions begin with a calm and polite inquiry by a police officer, and some start off as an immediate interrogation.  The officer may ask for your driver’s license and registration, and inquire to your whereabouts prior to this conversation.  You have a right not to speak to the police officer, but most people will cooperate and provide some information.

2. What did you tell the police about driving? This seems like an odd question, but in a case where you’re not observed driving a vehicle by a witness, the prosecutor may have difficult proving that you were driving, which is one of the two elements of Michigan drunk driving cases.  This could be the case if you’re observed outside of a car, after a traffic accident or you’re found parked on the side of the road.  If you make a statement about driving the car then it may make the prosecutor’s case a lot easier to prove.

3. Did you tell the police you consumed alcohol? While a police officer is trained to detect consumption of alcohol, and you may take tests that show you consumed alcohol, your own statements about alcohol could be important evidence.  There’s a big difference between telling a police officer you drank a beer an hour ago, versus you just polished off ten beers at the pub. Believe it not, recent consumption of alcohol could be more favorable for your case.

The first DUI expungement in Michigan will happen in February of 2022.  

Do you really want to be standing in line with potentially a million other people trying to expunge their drunk driving? No.

There is a lot of legwork that is required before creating the optimal drunk driving expungement application; various agencies in Michigan must be put on notice and have an opportunity to respond.

On top of that, my expungement clients are going to be multiple value bomb assets into their application, all which will take a bit to get done.  We need to answer the question of rehabilitation and progress since your offense; we have a lot of work to do.

Don't wait until February; be prepared and ready to go!

Watch the video below, and send me an email jonathan@michiganlawgrad.com or call me 248-924-9458

I meet new clients charged with drunk driving under two different circumstances.  All clients have been arrested and processed by the police, some may have a court date set, some may not; some clients may not even be charged yet due to a delay in receiving the chemical test results (usually blood).

The two different types of clients are either pre-arraignment or post-arraignment.  In Michigan, a person charged with a DUI will appear before a judge or magistrate unless an attorney has waived their appearance; some courts allow this, some do not.  

If my new client has not be arraigned yet, I will actually put some of our own bond conditions in place in anticipation of what a judge may order, which will make us look good when we appear before a judge with items already in place.  If my client has been arraigned, we discuss following those conditions, and we usually add additional proactive elements.  

When a judge in Michigan sets bond in a drunk driving case, the law requires the arraigning magistrate or judge to take into consideration the risk of flight and the potential risk of harm to the public when making a decision to release a person on bond.

Most DUI clients do not have a flight risk, but there is a risk of consuming alcohol or drugs while out on bond, and re-offending; this is a worst case scenario for a judge; a person charged with a DUI, getting another DUI while on bond with the court. 

Conditions of bond requiring the defendant to refrain from the use of drugs or alcohol and monitoring the abstinence of the defendant are routine and will help alleviate the judge’s concern about public safety. The ability to monitor sobriety can justify a personal or nominal bond when risk of flight is not an issue.  Most clients arrested for a DUI are issued a personal bond or a reasonable 10 percent provision on a larger amount.  

Here are some common factors that a magistrate or judge would consider in assessing the appropriate bond: 

(a) defendant’s prior criminal record, including juvenile offenses;
(b) defendant’s record of appearance or nonappearance at court proceedings or flight to avoid prosecution;
(c) defendant’s history of substance abuse or addiction;
(d) defendant’s mental condition, including character and reputation for dangerousness;
(e) the seriousness of the offense charged, the presence or absence of threats, and the probability of conviction and likely sentence;
(f) defendant’s employment status and history and financial history insofar as these factors relate to the ability to post money bail;
(g) the availability of responsible members of the community who would vouch for or monitor the defendant;
(h) facts indicating the defendant’s ties to the community, including family ties and relationships, and length of residence, and
(i) any other facts bearing on the risk of nonappearance or danger to the public.

In my experience, the number one bond condition for a drunk driving case will be alcohol testing during the case.  If alcohol testing has not already been ordered, my clients typically engage in their own proactive alcohol testing to make a good impression on the key players in the case, and to demonstrate sobriety.  I will always try to help my client determine the best course of action for testing, which allows them to live a normal life outside of the courthouse.  

I have many professional clients who would prefer to avoid the inconvenience of the standard court ordered testing.  For many of my clients, we're able to setup alternative testing, which better fits their schedule, and still accomplishes the goal of the judge, if not goes beyond what a judge ordered. 
 
Currently, the following methods are available to test for the presence of alcohol:
Preliminary breath tests (PBTs). The most common and least expensive method used to ensure sobriety is to require a defendant on bond to appear at a testing facility for a breath test on a PBT machine. The judge may order the test to be performed daily or a random number of times per week. Because alcohol is fairly quickly metabolized, the defendant is usually directed to appear before 9:00 a.m. to submit to a test and sometimes for an evening test as well. Daily testing is often required if the defendant is charged with a second or subsequent offense or if there are other indicia of a substance abuse disorder. The time for testing may vary based on a defendant’s work schedule, with the idea being to conduct the test at a time most likely to detect a drinking incident.
Transdermal alcohol tethers.

These devices have the ability to detect the use of alcohol around the clock. The units contain sensors that test the concentration of alcohol present in the insensible (evaporates before it is perceived) perspiration that is constantly given off by the skin and tests and stores data obtained every 30 minutes, 24 hours per day. In addition to the sensor that tests for the presence of alcohol, other sensors monitor vital signs to ensure that the unit remains on the defendant and to verify that there is no obstruction between the skin and the unit. These units present an option that may be preferable to breath tests for both the defendant and the judge. For the defendant, it eliminates the potentially time-consuming need to report to a testing facility.

​From the judge’s perspective it is a far superior means of monitoring abstinence and provides a measure of assurance that the risk of harm to the public is being diminished. While outfitting the defendant with a transdermal unit is more expensive than appearing for once-a-day testing, it becomes more cost neutral if testing is required twice a day after the payment of the initial installment fee. The convenience of these devices is worth the expense for certain individuals and can be used as a rationale for a personal or nominal bond.

In-home Breathalyzers. These devices, equipped with a camera to verify the identity of the user, plug into a regular wall socket and do not require a telephone line. Data is stored and downloaded at the provider’s offices weekly or biweekly as directed by the court. As the technology has advanced, some providers offer devices with cellular connectivity so results are constantly transmitted, eliminating the need for downloading data. Having an in-home unit alleviates the requirement for the defendant to appear at the testing agency and can be a valuable and practical option for many defendants. These units are more expensive than regular testing but allow for more flexibility with work and family scheduling.

Ignition interlock devices. Installed in a vehicle, these devices require the driver to perform a breath test before the vehicle can be started. Interlock devices now come equipped with a camera to identify the person performing the test.

Ethyl glucuronide (EtG) or Ethyl sulfate (EtS) alcohol testing. These tests measure the amount of EtG or EtS metabolites of alcohol in urine. Depending on the amount of alcohol consumed, the test may be able to detect the presence of alcohol consumed for up to 72 hours before the test is performed. The cost of this test is more than a breath test; however, a judge will usually order the defendant to test less frequently than with PBTs. This test may be beneficial to a defendant who works odd hours or travels as part of his or her schedule.

If charged with a DUI in Michigan, how can we apply the New Rules of Criminal Defense? 

Every drunk driving case in Michigan is different, and we need to consider the unique court, judge, the facts of the case and the charges.  There are many variables that go into the right approach, but it all starts with a core strategy; it means deliberately choosing a different set of activities to deliver a unique mix of value.  My clients adopt a logical and consistent set of choices that generate and sustain long term competitive advantage in a Michigan DUI case. My clients are competing for the limited attention span of a judge, prosecutor, and probation department; to be more than just a name and a charge.  

We must take a growth mindset for a DUI case; to take a fixed mindset would mean to focus only on what has already happened, which we cannot change.  This doesn't mean what happened is true or cannot be contested, but when a case happens, there is no venue to simply tell a prosecutor or judge, X, Y and Z didn't happen; that requires litigation such as filing a motion or a setting a case for a trial; those are options down the road, but to begin a case, those are the facts we have, so we ignore them.

We focus on what we can control and that is to get out of the box.  This means to view the situation from outside your own point of view, to value what drunk driving means in Michigan; the public perception and the laws in place.  To get out of the box is to put yourself in the shoes of the audience looking down at your case and to see if from their eyes.  Sure it really sucks to get a drunk driving in Michigan; you worry a lot of bad things are going to happen to you, but this case isn't about you, it's about your action and impact to the community; it's about how you would view a drunk driver if it happened to someone you didn't know or care about in the world.  Outside of your shareholder list, nobody is supporting you or rooting for a good outcome.

The stakeholders will not give you the benefit of the doubt, and the culture stinks in your case.  We need to change that culture and that begins with putting what happened behind us and creating core values for complex change.  We need a case for change, a vision, the skills, the right incentives, the resources and the action plan.  

To get ourselves organized and to focus on both the past, present and future, we create a DUI client balance sheet, which adopts the time value of money and the client value chain.  Doing things in the present for a drunk driving case have more value than doing things in the future when ordered by the court.  A DUI case of any case I handle has the most opportunity to act now rather than later; this could mean flexibility to travel, get your kids to school, get to and from work and to avoid time consuming tasks during bond; if you want your freedom during a DUI, adopt the time value of money.

The client value chain will supply our asset column.  The liabilities are the case before us; the worst version of it, and the equity will ask "what's in your pocket?"; if you're a 45 year old with no prior history, then you 45 years of credit; if you're a hard working nurse, a great parent and already active with a non-profit, those are points for you.  If you're struggling to find work, you have a criminal record, or you're very young, we have less equity and simply need to create more assets; every case is different with a unique approach.  The key is to make everything measurable and compatible so we can focus on the 3 R's.

We need to begin with the reset, move to the rebrand, and hopefully reap the rewards at the conclusion of your case, and thereafter once the case is over.  ​

 1. What is the definition of a repeat offender?
“Repeat Offender” as used in the new legislation applies to persons who are eligible for vehicle plate confiscation and immobilization. This applies to any arrest for a 2nd alcohol or drug violation while operating a motor vehicle (convictions for murder, manslaughter, and negligent homicide with a vehicle are included in this calculation), or an arrest or citation for a 3rd
violation while suspended or revoked.

Convictions and suspension/revocation violations appearing on the driving record prior to October 1, 1999 will be used to determine eligibility for repeat offender status.

2. What are “violations of suspension/revocation” on the driving record?
Mandatory additional suspension/revocation actions are imposed by the DOS for commission of any moving violation during a period of suspension/revocation. Look for language that looks like:

“Addl Admin Denied and Revoked (MCL 257.904)”
“Addl to Court Sup.”
“Addl Admin Revocation (MCL 257.904)”
“Addl Susp from (date)”
“Addl to Court Revocation (MCL 257.904)”

At the Stop

3. How does the police officer know a defendant is a “repeat offender”?
At the time the officer requests a driving status on a 35;. If the LEIN/SOS message returns a “001" or more, in the prior “alcohol conviction” field and you are arresting for drunk driving, take the plate, destroy it, and issue a paper plate. If the LEIN/SOS message returns a “002" or more, in the “prior additional suspension/revocation” and you are arresting for DWLS, take the plate, destroy it, and issue a paper plate. The officer or the court can also run a new record that will list every conviction and/or action used to compute and determine whether a defendant is a repeat offender. When used in conviction with the driving record it is easy to see which entries are being counted.

Use the following code:

PRIOR;Z123456789123. (Substitute actual operator’s license number for example and follow
with a period.)

4. Does the police department confiscate a leased, rental or commercial vehicle plate? What
about out-of-state plates, tribal plates, or trailer plates. Yes, leased vehicle plates are confiscated. Neither rental, tribal, trailer, manufacturer, dealer, US government, nor out-of-state vehicle plates are confiscated. Commercial plates may be confiscated unless they are Apportioned- International Registration Plan plates.

5. If the metal plate is expired at the time of the stop, would a paper plate be issued?
MSP plans to train their Troopers to issue the paper plate showing the expired date. This is because there is no authority to confiscate an expired plate. If the operator continues to drive the car without renewing the registration they could be re-ticketed for the expired plate.

6. What if the plate is improper or there is no plate on the vehicle?
The improper plate should be removed and a paper plate is issued but not placed on the vehicle. For both an improper plate or no plate, officer should leave the plate number field on the paper plate blank. Law enforcement enters the VIN and other information into LEIN. The court gets their copy of the paper plate but does not enter anything in the plate number field. An NOA is issued on adjudication. Immobilization may be ordered.
​
7. What does the officer do if there is already a paper plate on the vehicle?
The officer should take the previous paper plate off the vehicle and destroy it, then issue a new paper plate. Each adjudication gets a Notice of Adjudication. The drivers/defendants may be different for each paper plate.

8. Where is the vehicle going to be kept after the officer takes the plate?
The vehicle may be driven away by a person not otherwise prohibited to operate a motor vehicle (i.e. not drunk, not suspended, etc.). If there is no person available to drive the vehicle, law enforcement may have the vehicle towed as they do now. In addition, vehicles may be towed if they were reported stolen or in accordance with local police practice.

9. When does a paper plate expire?
The paper plate expires when the underlying plate expires or when adjudicated, whichever is sooner. If the underlying plate expires, the paper plate must be renewed at the branch office and a new paper plate will be issued.

10. How does the court know who the owner of a vehicle is?
The court could request law enforcement to provide a registration status with ownership information along with the ticket or complaint and the paper plate. Or, the court could run this if they have LEIN or SOS access.

11. What if the plate is confiscated in error?
If the error is discovered the same date as the confiscatio, simply delete the entry from the LEIN. If the error is not discovered until a later date, you may remove the flash by sending a message in
through LEIN requesting a correction to the record that includes the year, make, VIN, plate number, and date of offense.

Filing the Complaint

12. Can DWLS and OUIL be issued on a ticket?
Citations may be issued for a 93-day misdemeanor for 1st offense written under the Michigan Vehicle Code or a substantially corresponding local ordinance. 2nd and subsequent offenses carrying penalties over 93 days should be filed on a complaint and warrant.

13. Can DWLS and OUIL be written under local ordinance?
Yes, although cities and townships should amend their ordinances to provide for 93 day and
immobilization penalties.

14. What if the prosecutor chooses to charge 1st offense when there are prior convictions on the
record? This is the prosecutors prerogative. This would lesson the criminal penalties, but the license sanctions imposed by the Department of State will be based upon the driving record regardless of whether the defendant was convicted of 1st, 2nd, or 3rd offense. The court will receive no notice from SOS of the license action it takes. The defendant will receive a notice of the suspension or restrictions imposed with an effective date.

15. What if prints do not accompany the complaint from the police or prosecutor to the court?
The court would be obligated to order fingerprints taken prior to sentencing. The prints would have to be updated with the appropriate CTN from the county prosecutor, in order to match to the judgment of sentence, dismissal/ acquittal, or nolle prosequi sent to MSP-Central Records.
CTNs are not issued on ordinance violations. Convictions under ordinance for offenses with penalties up to 93 days must also be reported by submitting the original fingerprint card with a copy of the judgment of sentence, dismissal/acquittal or nolle prosequi form. Locations using LIVE SCAN submission of fingerprints should coordinate electronic submission of conviction information using the appropriate CTN or other local tracking number.

16. What if the prosecutor declines to authorize a complaint? How does the defendant get a new
metal plate?

The prosecutor has the obligation to notify law enforcement that charges will not be issued. The
prosecutor and law enforcement will have to work out an agreement as to which agency has the
responsibility to notify the defendant s/he may apply for a new metal plate. Either entity, may correct the LEIN entry which will clear the plate hold.

17. Will a fee be required to get a new plate if charges are not filed?
The Department of State will charge a $5.00 replacement fee for a new plate regardless of whether the defendant was ever charged or was convicted, or the case was dismissed.

18. How does the owner get a new metal plate after the case is adjudicated?
The court must provide the owner with an NOA (Notice of Adjudication) form. This is a combination form with the CORDL (Court Ordered Restricted Driver License). CORDLs will be used on pre October 1, 1999 alcohol cases and on all drug cases because the court will continue to impose license sanctions on these cases. On all new cases license sanctions will be imposed by the Secretary of State. The CORDL form will be used as an NOA on cases occurring after October 1st when a paper plate was issued. The owner may take this form to an SOS branch office to get a new metal plate.

Sentencing - Immobilization

19. If the defendant is sentenced to jail, can the car be immobilized during that time?
No. Immobilization must follow incarceration. See MCL 257.904d(6).

20. How does the court initiate immobilization, and how does the court determine that it occurred?

SCAO new form MC-267, Order for Vehicle Immobilization is designed for the purpose of ordering
immobilization. It contains a certification section by which the defendant can provide proof of
compliance with the order. 

21. Where are vehicles immobilized and who pays for it?

There are various methods by which this can be accomplished. Any technology that locks the ignition, wheels, or steering of the vehicle, or otherwise prevents any person from operating the vehicle, or that prevents the defendant from operating the vehicle may be used. The court may order the vehicle stored at a location and in a manner it considers appropriate. Costs for immobilization may be ordered paid by the defendant.

The court might wish to provide defendants with a specific place to have a vehicle immobilized, such as an impound lot, or it might wish to provide a list of choices and require the order to be returned completed as verification. Local circumstances and availability of locked storage lots or other means of immobilization will impact these decisions.

22. How much time does the defendant have to prove the vehicle is immobilized? What if the
defendant fails to provide proof of immobilization?

Each court must determine how much time to provide for immobilization, and how it will proceed if no proof is provided. The court could set a specific date by which immobilization must occur, or if facilities are available, make it immediate (other than when incarcerated). There could be an Order to Show Cause, with a subsequent Order for Vehicle Impoundment(MC-254) and/or a Bench Warrant for failure to comply with a court order or a condition of probation.

23. How can an innocent owner address the court regarding possible immobilization?
One way could be that the innocent owner files a motion to prove they did not knowingly allow the
offender to operate. Each court should determine at what stage it wants to decide this issue; before
sentencing or at sentencing and how the judge will make that determination.

24. Will the LEIN/SOS response on a vehicle status inquiry indicate a vehicle has been
immobilized?

Yes. It will show the dates of immobilization along with the DLN of the offender.

25. If defendant uses immobilization tether technology that prevents only him/herself from driving the vehicle, how will law enforcement know that a non-defendant is legally operating the
vehicle?

The driver license number of the defendant will appear on the registration record for the vehicle
ordered immobilized. If a vehicle is driven by someone other than the defendant, law enforcement is being trained to inquire as to why the vehicle isn’t immobilized. The driver then should have
documentation to show the officer identifying the tether technology has been installed or a copy of the Order of Immobilization.

26. Who monitors the defendant during immobilization to make sure s/he does not purchase or
lease another vehicle?

During immobilization the offender may not purchase or lease another vehicle. Only the offending
vehicle is affected by the immobilization order. SOS will monitor for no transfer to a family member. It is a crime to purchase or lease a new vehicle and the defendant will be subject to prosecution.

27. Is there any mandatory jail time?

For a 2nd offense OUIL/OWI within 7 years there is either a minimum of 5 days in jail or a minimum 30 days community service. For a 3rd offense OUIL/OWI within 10 years there is either a mandatory 1 year jail, or with probation, a mandatory 30 days jail.

28. How are suspensions and restrictions applied to the driving record, and how is the driver
notified?

Upon receipt of the conviction abstract the Department of State will impose the minimum license
sanctions. Restrictions will be the broadest possible under the statute, and the defendant will be
required to carry documentation proving their reason for driving (such as letter from employer, school schedule, doctor’s appointment card, etc.). The driver is notified by letter by DOS.

29. How is vehicle forfeiture handled?

This procedure is outlined in MCL 257.625n, and is initiated by the prosecutor. There are several
SCAO forms; MC-66, MC-68, and MC-69. If the court orders forfeiture the unit of government that seized the vehicle sells it and disposes of the proceeds according to statute.

30. If a defendant has been denied the ability to register a vehicle who will check to see if s/he tries
to purchase or lease another vehicle during the denial period?

It will be a crime for a person to purchase or lease another vehicle. Any person suspended or revoked for a 3rd drunk driving or 4th DWLS will be denied the ability to transfer a vehicle to a family member without a court order.

31. Will specific restrictions (work hours, etc. appear on the driving record for license
restrictions?

No. These will only appear for old law cases. Any offense occurring on or after 10/1/99 will receive
“generic” restrictions and the operator must carry proof of destination and hours with them.

32. When the LEIN/SOS driver status response indicates the operator may only drive a vehicle
with an ignition interlock device, what does this mean?

When repeat alcohol offenders are returned to the road with a restricted license, hearing officers must place them on an ignition interlock device for a minimum of one year. This device requires a person take and pass a breath test before operating a vehicle.

https://www.michigan.gov/documents/Repeat_Offender_8731_7.pdf