Guide to DUI Cases in the 53rd District Court: Questions & Answers - Livingston County Drunk Driving

​1. What areas does the 53rd District Court cover?
The 53rd District Court covers Brighton, Genoa Township, Green Oak Township, Hamburg Township, Howell, Pinckney, and Fowlerville. If you’re charged with a DUI in any of these areas, your case will be handled in this court.

2. Who are the judges at the 53rd District Court?
The current judges at the 53rd District Court are Judge Shauna Murphy and Judge Daniel Bain, both of whom have significant experience handling DUI cases and other criminal matters within Livingston County.

3. What should I expect if I’m charged with a first-time DUI in Brighton?
If charged with a first-time DUI in Brighton, you will likely be processed by the police, have your mugshot and fingerprints taken, and then be released with a court date. Penalties could include fines, license suspension, community service, and possible jail time. Working with an attorney familiar with Judge Murphy and Judge Bain is crucial for your defense.

4. What are the penalties for a first-time DUI in Howell?
For a first-time DUI in Howell, you could face penalties including up to 93 days in jail, fines up to $500, community service, and a 30-day suspension of your driver's license, followed by a 150-day restricted license. The 53rd District Court takes DUI charges seriously, so legal representation is highly recommended.

5. What is a Super Drunk DUI charge in Pinckney?
A Super Drunk DUI in Pinckney means you were driving with a BAC of 0.17 or higher. This charge carries harsher penalties than a regular DUI, including up to 180 days in jail, a $700 fine, and mandatory use of an ignition interlock device for 320 days after your license is reinstated.

6. What happens if I refuse a breathalyzer test in Genoa Township?
Refusing a breathalyzer test in Genoa Township results in an automatic 1-year suspension of your driver’s license under Michigan’s implied consent law. You can challenge the suspension in the 53rd District Court, but you’ll need an attorney to effectively present your case.

7. Can I lose my license for a DUI in Green Oak Township?
Yes, a DUI conviction in Green Oak Township can result in your driver’s license being suspended or restricted. For a first offense, your license can be suspended for 30 days, followed by a 150-day restricted license.

8. How does the 53rd District Court handle repeat DUI offenses in Hamburg Township?
The 53rd District Court takes repeat DUI offenses very seriously. For a second DUI within 7 years, you could face mandatory jail time, extended license revocation, and heavier fines. Both Judge Murphy and Judge Bain enforce strict penalties for repeat offenders.

9. Is a third DUI in Fowlerville considered a felony?
Yes, a third DUI offense in Fowlerville or anywhere in Michigan is considered a felony, regardless of how much time has passed since your previous offenses. A third DUI conviction can lead to up to 5 years in prison and permanent license revocation.

10. Can I get my DUI charge reduced in the 53rd District Court?
It is possible to have a DUI charge reduced to a lesser offense, such as Operating While Visibly Impaired (OWVI), depending on the circumstances of your case. An experienced attorney can negotiate on your behalf, but the final decision rests with Judge Shauna Murphy or Judge Daniel Bain.

11. What happens at a DUI arraignment in the 53rd District Court?
During a DUI arraignment in the 53rd District Court, the judge will formally charge you, explain your rights, and ask for your plea of guilty or not guilty. The judge will also set bail and discuss any conditions of your release. Having an attorney present is important for entering the right plea.

12. What are the consequences of a DUI with a minor in the car in Hamburg Township?
If you are caught driving under the influence with a minor in the car in Hamburg Township, you will face enhanced penalties, including higher fines, longer jail time, and possible involvement with Child Protective Services (CPS) under Michigan’s child endangerment laws.

13. What is Michigan’s Zero Tolerance Law for underage DUI in Howell?
Michigan’s Zero Tolerance Law applies to drivers under the age of 21 who have a BAC of 0.02 or higher. In Howell, underage drivers caught with any measurable alcohol in their system can face fines, community service, and license suspension, even if their BAC is below the adult legal limit.

14. How do I challenge a DUI arrest in the 53rd District Court?
To challenge a DUI arrest in the 53rd District Court, you will need to question the legality of the traffic stop, the accuracy of the field sobriety and breathalyzer tests, and whether proper legal procedures were followed. A skilled DUI attorney can help build a defense to potentially dismiss or reduce charges.

15. What is the difference between OWI and OWVI in Brighton?
In Brighton, Operating While Intoxicated (OWI) means driving with a BAC of 0.08 or higher, while Operating While Visibly Impaired (OWVI) means driving while impaired by alcohol or drugs, but with a BAC below the legal limit. OWVI generally carries lighter penalties compared to OWI.

16. Can I get probation instead of jail for a DUI in Pinckney?
For a first-time DUI in Pinckney, you may be eligible for probation instead of jail time, especially if you complete a substance abuse treatment program or community service. However, the final decision will be made by Judge Murphy or Judge Bain, depending on your case.

17. What happens if I’m caught driving on a suspended license after a DUI in Genoa Township?
If you are caught driving on a suspended license after a DUI conviction in Genoa Township, you could face additional penalties, including jail time, fines, and an extended period of suspension or revocation.

18. What is an ignition interlock device, and when is it required in Howell?
An ignition interlock device is a breathalyzer installed in your vehicle that prevents it from starting if alcohol is detected. It is required after a Super Drunk DUI conviction or for repeat DUI offenses in Howell, as part of the reinstatement process for your driver’s license.

19. Can a DUI conviction affect my job in Green Oak Township?
Yes, a DUI conviction in Green Oak Township can affect your employment, especially if you are required to drive for your job. Many employers conduct background checks, and a DUI conviction could result in job loss or difficulties in career advancement.

20. How long does a DUI conviction stay on my record in Fowlerville?
A DUI conviction in Fowlerville will stay on your criminal record for life in Michigan. However, the points on your driving record will typically fall off after 2 years. A DUI on your record can lead to long-term consequences, including increased insurance rates and potential employment challenges.