Criminal defense

Do not put it in an email. Pick up the phone and talk to a person.

A man on the steps outside a municipal building at dusk holding a folded notice and making a phone call.

For criminal matters, call us directly at 844-ASK-AZZO (844-275-2996). The office is at 33687 Woodward Ave in Birmingham. Have the citation, the notice you were handed, and the date of the stop in front of you. The attorney on your file gets back to you, usually the same day.

An arrest in Oakland County opens a criminal case in the district court where the stop happened. If you refused the chemical test, it also opens an administrative case against your license, and that one runs on a 14-day clock under MCL 257.625f(1). The two proceedings do not wait for each other, and neither one decides the other. People lose the license case while they are still waiting on a court date.

What is on the table

Your license. A refusal sanction runs one year, or two years for a second or subsequent refusal within seven years, imposed through the Secretary of State independent of the court case. MCL 257.625f(1)(a).

The charge. Operating while intoxicated at 0.08 or above under MCL 257.625(1)(b), or high-BAC at 0.17 or above under MCL 257.625(1)(c), which is charged and penalized as its own offense.

A driver under 21. Michigan's zero-tolerance threshold is 0.02, far below the adult per se limit. MCL 257.625(6). A number that would not charge an adult will charge a college student.

Traffic offenses and misdemeanors. Citations, suspended license charges, and the misdemeanor set that moves through the same district courts.

Assault and battery. Defended in the same district court system, on the same pretrial track.

The charging window. Michigan's general deadline for the prosecutor to bring a charge is six years. MCL 767.24(10). A short list of offenses has no deadline at all. MCL 767.24(1)(a).

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0.08

The per se alcohol content for operating while intoxicated. MCL 257.625(1)(b). The statute carries a dormant provision that would move it to 0.10 five years after the state treasurer publishes a certification under MCL 257.625(28). That certification has not been published, so 0.08 is the number today.

0.17

The high-BAC threshold, charged as a separate and more serious offense. MCL 257.625(1)(c).

14 days

To request a hearing after a chemical test refusal, counted from the date of the notice and not from your court date. MCL 257.625f(1).

A person seen from behind walking down the limestone steps of a Michigan municipal building into golden hour light, phone lowered at their side.

How this works

Two cases, running at once

The license path. Secretary of State.

Administrative, not criminal, and it never sees the inside of the district court. A chemical test refusal triggers it and MCL 257.625f governs it. You have 14 days from the notice to request a hearing. Miss that request and the sanction lands without any judge ruling on whether you were guilty of anything: a one-year suspension or denial, or two years for a second or later refusal inside seven years. MCL 257.625f(1)(a). Shortest clock in the matter, and the one people miss.

The court path. District court.

The criminal case is heard in the district court for the city or township where the stop happened. For most of our clients that is an Oakland County district court. MCL 257.625 sets the offense and its penalties. MCL 767.24 sets the deadline for the prosecutor to bring the charge. Winning here does not restore your license, and losing the license hearing proves nothing in court. Two records, two outcomes.

Deadlines

14 days from the date of the notice to request an implied-consent hearing after a chemical test refusal. MCL 257.625f(1). This deadline ends first and nobody is warned about it at the roadside.

Miss it and the sanction is automatic. One year of license suspension or denial, two years if it is a second or subsequent refusal within seven years. MCL 257.625f(1)(a). No hearing, no finding, no court.

Six years for the prosecutor to bring most charges, running from the date of the offense. MCL 767.24(10).

No deadline at all for murder, conspiracy or solicitation to commit murder, and first-degree criminal sexual conduct. MCL 767.24(1)(a).

Your arraignment date is set by the court. It has no bearing on the 14-day license clock, which is already running while you wait for it.

Request an implied-consent hearing

MCL 257.625f(1)

14 days

Refusal sanction if the request is missed

MCL 257.625f(1)(a)

1 to 2 years

Prosecutor's window to bring most charges

MCL 767.24(10)

100

6 years

Working with us

A named attorney owns the file the whole way and calls you back, usually the same day.

The stop and the paperwork.

You leave with a citation, a court date, and if you refused the test, a notice that starts the 14-day clock. Bring all three.

The license request goes out first

Because it expires first. The hearing request under MCL 257.625f(1) gets filed while the court case is still weeks away.

Arraignment.

The charge is read, a plea is entered, conditions of release are set.

Discovery.

The police report, the dash and body camera footage, the chemical test records, and the calibration history on the instrument. The proof gets read line by line before anyone talks about resolution.

Pretrial and motions.

Whether the stop was lawful, whether the test was administered correctly, whether the evidence comes in at all. Most of the leverage gets built here.

Resolution.

By negotiated plea or by trial, depending on what the evidence will actually support.

A man sitting on the tailgate of his car in an empty municipal lot at dusk, holding a folded notice and making a phone call.

Fees

Criminal defense is not contingency work. We quote a flat fee or an hourly rate, in writing, before we start, with the scope in the same document: what stage it covers, what it does not, and what happens if the matter goes to trial. Costs are separate from the fee and itemized. You know the number before you retain us, and if it changes, it changes in writing.

No lawyer can promise you an outcome in a criminal case, and one who does is telling you something they cannot know.

Questions

Questions people ask

What is the legal limit for drunk driving in Michigan?

0.08. MCL 257.625(1)(b). At 0.17 or above you are charged under the high-BAC provision at MCL 257.625(1)(c), a separate and more serious offense. Drivers under 21 face a 0.02 threshold. MCL 257.625(6).

How long do I have to request a hearing after refusing a breath test?

14 days from the date of the notice. MCL 257.625f(1). The clock starts at the notice, not at your arraignment, and the two dates are usually weeks apart. If the request does not go in, the Secretary of State imposes the sanction without a hearing.

What happens if I miss the 14-day deadline?

Your license is suspended or denied for one year, or two years if this is a second or subsequent refusal within seven years. MCL 257.625f(1)(a). No court rules on it and no finding of guilt is required. It is an administrative consequence of the refusal itself.

Is the license case the same as the court case?

No. They are separate proceedings with separate decision makers, deadlines, and outcomes. The license case runs through the Secretary of State under MCL 257.625f. The criminal case runs through the district court under MCL 257.625. They run at the same time and neither decides the other.

Which court will my case be in?

The district court for the city or township where the stop happened. For most Metro Detroit stops that is an Oakland County district court. The court is set by where the offense occurred, not by where you live or where your lawyer's office is.

How long can the prosecutor wait to charge me?

Six years from the date of the offense for most charges. MCL 767.24(10). Some offenses carry no limitation period at all, including murder, conspiracy or solicitation to commit murder, and first-degree criminal sexual conduct. MCL 767.24(1)(a).

Do I need a lawyer for a first-offense OWI?

Two proceedings are running against you and only one of them sends you a court date. The 14-day license window under MCL 257.625f(1) closes whether or not anyone tells you about it, and a first offense still produces a record and a license consequence.

This page explains Michigan law. It is not legal advice about your situation, and the statutes and figures on it change. Reading this page, calling the firm, or sending us information does not create an attorney-client relationship. That relationship starts only when you and the firm sign a written agreement.

For the firm's full terms, see our disclaimer.

The Azzo Law storefront office on a Birmingham main street at dusk, warm light in the windows.

Lauren Sitto Azzo leads Azzo Law from 33687 Woodward Ave in Birmingham, with a team behind the work. Most people who reach this page are not asking about trial. They are asking whether they can drive to work on Monday. That question has a 14-day answer, and it is the one we take first.

Call 844-ASK-AZZO. Have the notice in front of you and we will start with the deadline that is closest.

Call 844-ASK-AZZO (844-275-2996)

Criminal defense

What is on the table

Two cases, running at once

The license path. Secretary of State.

The court path. District court.

Deadlines

Working with us

The stop and the paperwork.

The license request goes out first

Arraignment.

Discovery.

Pretrial and motions.

Resolution.

Fees

Questions people ask

What is the legal limit for drunk driving in Michigan?

How long do I have to request a hearing after refusing a breath test?

What happens if I miss the 14-day deadline?

Is the license case the same as the court case?

Which court will my case be in?

How long can the prosecutor wait to charge me?

Do I need a lawyer for a first-offense OWI?

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Business disputes

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Catastrophic injury

Work injuries

Tell us what happened

Criminal defense

What is on the table

Two cases, running at once

The license path. Secretary of State.

The court path. District court.

Deadlines

Working with us

The stop and the paperwork.

The license request goes out first

Arraignment.

Discovery.

Pretrial and motions.

Resolution.

Fees

Questions people ask

What is the legal limit for drunk driving in Michigan?

How long do I have to request a hearing after refusing a breath test?

What happens if I miss the 14-day deadline?

Is the license case the same as the court case?

Which court will my case be in?

How long can the prosecutor wait to charge me?

Do I need a lawyer for a first-offense OWI?

Where to go next

Explore other services

Business disputes

Property damage

Catastrophic injury

Work injuries

Tell us what happened