Detroit Drunk Driving DUI Lawyer & Attorney
Serving Detroit, Metro Detroit and Southeastern Michigan
Call Today (248) 705-3742

Contact us at The Law Office of James G. Schmier, PLLC


Breaking News on Alcohol Related Offenses


If you refused to take a breath test, your license will be suspended for a year.

If you refuse to take a DataMaster Breath Test (not a Preliminay Breath Test or PBT) or Chemical Blood Test after being arrested for Driving While Intoxicated or Driving While Visibly Impaired, your license can be suspended for one year if you do not take immediate action. You only have fourteen days to demand a hearing after you are arrested. Often, if this is your first implied consent violation, you can petition the Circuit Court for a restricted license which will allow you to at least drive to work and save your job.Contact the Law Office of James G. Schmier. We can advise you about the appropriate action you must take in order to protect your driving privileges.

Changing Law Alert: You can now be charged with a felony.

It used to be that an arrest for an alcohol related offense that occurred more than 10 years before the next offense was not counted in the decision to charge you with a felony. In 2007, however, Governor Granholm signed a new law that removes the 10 year look back period for all drunk driving offenses. Now, a third offense will be considered a felony regardless of when you were arrested. The best advice is to not drink and drive but if you are charged, call the Law Office of James G. Schmier to protect your driving privileges and your record.

Changing Law Alert: Michigan’s MIP Law is Held Unconstitutional

A recent ruling out of the Eastern District Federal Court held that Michigan’s MIP law is unconstitutional. This ruling by Federal District Court Judge, David Lawson, found that requiring minors to submit to a breath test was an illegal search and seizure and that police must have “probable cause” or obtain a search warrant before administering these tests. Under current Michigan’s law, the police need just “reasonable suspicion” that a minor had consumed alcohol but according to Judge Lawson, that was just not enough to "abridge the constitutional rights of our citizens." In response to this ruling, many cities have now changed their local ordinances removing the word “requiring” with the wording “may request”.

The highest court in Michigan has agreed to look at this issue, so stay tuned for further developments, but right now, if you are charged with MIP, an experienced Minor in Possession or MIP Lawyer and Attorney, who knows the law and stays on top of recent court rulings, could be the best investment you will ever make.

The Law Office of James G. Schmier, PLLC is a Criminal Defense, Drunk Driving DUI and Family Law and Divorce law firm and provides legal representation in Wayne County, Oakland County, Macomb County and throughout Michigan including these Michigan cities:

Macomb County

Armada
Centerline
Chesterfield Twp.
Clinton
Eastpointe
Fraser
Harrison
Lenox
Macomb
Memphis
Mt. Clemens
New Baltimore
New Haven
Richmond
Romeo
Roseville
St. Clair Shores
Sterling Heights
Shelby
Utica
Warren
Washington

St. Clair County

Port Huron
Capac
Saint Clair
Algonac
Keewahdin
Marine City
Emmett
Yale

Washtenaw County

Ann Arbor
Ypsilanti
Chelsea
Saline
Manchester
Milan
Dexter

Ingham County

Lansing
East Lansing
Williamston
Webberville
Stockbridge
Meridian Township
Danville

Oakland County

Auburn Hills
Addison Twp.
Berkley
Beverly Hills
Bingham Farms
Birmingham
Bloomfield
Bloomfield Hills
Brandon Twp.
Clarkston
Clawson
Commerce
Farmington
Farmington Hills
Ferndale
Franklin
Groveland
Hazel Park
Highland
Holly
Huntington Woods
Independence
Keego Harbor
Lake Angelus
Lake Orion
Lathrup Village
Lyon Twp.
Madison Heights
Milford
Novi
Novi Township
Oak Park
Oakland Township
Orchard Lake
Orion
Ortonville
Oxford
Pleasant Ridge
Pontiac
Rochester
Rochester Hills
Royal Oak
Southfield
South Lyon
Springfield
Sylvan Lake
Troy
Walled Lake
Waterford
West Bloomfield
White Lake
Wixom
Wolverine Lake

Wayne County

Allen Park
Belleville
Brownstown
Canton
Dearborn
Dearborn Heights
Detroit
Ecorse
Flat Rock
Garden City
Gibraltar
Grosse Isle
Grosse Pointe
Grosse Pointe Farms
Grosse Pointe Park
Grosse Pointe Woods
Hamtramck
Highland Park
Huron
Inkster
Lincoln Park
Livonia
Melvindale
Northville
Plymouth
Redford
River Rouge
Riverview
Rockwood
Romulus
Southgate
Sumpter
Taylor
Trenton
Van Buren
Wayne
Westland
Woodhaven
Wyandotte

Call for a No Cost Initial Consultation
The Law Office of James G. Schmier, PLLC
Criminal Defense, Drunk Driving DUI Defense and Family Law Divorce Attorney
(248) 705 3742