Paul J. Tafelski Blog

No. A driver can refuse a handheld roadside breath test, commonly called a preliminary breath test or PBT, but refusal does not come without consequences. Refusing a PBT is a civil infraction and may result in a fine of up to $150, plus court costs. Also, refusal does not prevent the officer from arresting you if there is other evidence suggesting that you were drinking or impaired. Bloomfield Hills DUI refusal lawyer Paul J. Tafelski of Michigan Defense Law has spent more than two decades defending drivers charged with drunk driving in Oakland County and across the state. We handle...

Not automatically. Even when a traffic stop is lawful, police still need a separate legal basis to search the vehicle. They need a warrant or a recognized exception to the warrant requirement, such as voluntary consent. Which rule applies also determines how far officers can search and can affect whether evidence they find can be used in court. At Michigan Defense Law, criminal defense attorney Paul J. Tafelski represents people facing drunk driving charges in Oakland County, including cases involving disputes over whether a vehicle search was lawful. Our Oakland County OWI defense lawyers can review how the stop and...

Treatment history and a past relapse do not automatically disqualify you from getting your Michigan driver’s license back, but both need to be fully disclosed and properly documented. Hearing officers look closely at your treatment history, current sobriety, and how you responded to any setbacks. Missing records, inconsistent sobriety dates, or an undisclosed relapse can create serious problems in a restoration case. At Michigan Defense Law, we help drivers throughout Oakland County prepare and present license restoration cases involving treatment and relapse histories. Oakland County license restoration attorney Paul J. Tafelski helps clients organize their evidence, address potential concerns, and...

Yes. Attending Alcoholics Anonymous (AA) is not legally required to win a Michigan license restoration case. Counseling records, non-AA support programs, treatment completion certificates, letters of support, and a current substance abuse evaluation can all carry the same weight when they are specific and consistent. Michigan license restoration attorney Paul J. Tafelski has practiced law in Michigan for over twenty years and handles Michigan license restoration cases for drivers across the state and for former residents applying from out of state. We can review your sobriety documentation, tell you honestly whether your file is ready, and explain what it needs....

Getting your Michigan driver’s license back requires clear proof that your substance abuse is under control and will stay that way. You must provide a recent substance evaluation, a documented sobriety date, credible support letters, and testimony that matches your documents. Hearing officers demand a longer record of sobriety if you have past relapses. A successful hearing grants you a restricted license with an ignition interlock device before you earn a full license. At Paul J. Tafelski, Michigan Defense Law, we help drivers throughout Oakland County prepare and present these appeals. Driver’s license restoration attorney Paul J. Tafelski has been...

An EtG test (ethyl glucuronide test) is often used for people on Operating While Intoxicated (OWI) probation in Oakland County to check for alcohol use. At Michigan Defense Law, we help people on probation who receive a positive EtG result protect their rights and their freedom. We examine laboratory protocols, verify whether proper testing cutoffs were applied, and investigate whether incidental alcohol exposure may have contributed to a positive result. This guide explains how EtG tests detect alcohol, what causes false positives, how to get the most accurate result, and the reliability of EtG tests and its effect on your...

MCL 257.303(1)(c) prevents the Michigan Secretary of State from issuing a license to someone whose driving privileges are suspended, revoked, denied, or canceled in another state. If you move to Michigan and an old out-of-state licensing action appears when you apply, the first step is to identify which state imposed the action, whether it remains active, and whether Michigan has entered a separate revocation or denial based on the underlying convictions. At Michigan Defense Law, Michigan license restoration attorney Paul J. Tafelski helps drivers throughout Oakland County and across Michigan address license holds and restoration matters involving out-of-state records. Our...

Michigan law uses the term OWI, which stands for operating while intoxicated. DUI is a common term for impaired driving, but OWI is the term used for Michigan charges under MCL 257.625. Michigan does not permit sobriety checkpoints because the state Supreme Court found suspicionless roadblocks unconstitutional. However, even without checkpoints, police in Oakland County and statewide can still stop drivers based on reasonable suspicion and make OWI arrests based on probable cause. At Paul J. Tafelski, Michigan Defense Law, we defend drivers facing OWI and other criminal charges throughout Oakland County. Our OWI defense lawyers review the legality of...

A 12-panel drug test screens for 12 specific substances and is commonly ordered in Michigan driver’s license restoration hearings, probation supervision, and criminal cases involving drug offenses. The test detects marijuana, cocaine, opiates, amphetamines, benzodiazepines, and several other controlled substances. Understanding what the test covers, how it works, and what a positive result means for your legal situation can make a significant difference in how you prepare for court proceedings or administrative hearings in Oakland County and throughout Michigan. Oakland County OWI Lawyer Paul J. Tafelski at Michigan Defense Law has over 25 years of experience representing clients in Oakland...

If you have been convicted of a felony in Michigan, you may have lost your right to possess a firearm under state and federal law. However, under MCL 750.224f(9), Michigan’s felon-in-possession statute does not apply to a conviction that has been expunged or set aside unless the expungement order expressly provides that the person may not possess a firearm or ammunition.  At Michigan Defense Law, Paul J. Tafelski is an experienced Oakland County expungement attorney who helps clients with both expungement petitions and gun rights restoration. Our team can evaluate your eligibility and guide you through the process. Contact us...