Blog

Paul J. Tafelski Blog

Drunk Driving Penalties

April 15, 2025

A driver convicted of OWI, OWVI or Superdrunk in Michigan faces a number of different sanctions that can affect their driving privileges. Michigan has stringent driving sanctions for drunk drivers. It is possible to lose your driver’s license even before you are convicted of DUI if you refused a chemical test after your arrest. This is called an implied consent violation and the penalty is a one year suspension of your license and six points, even if you are innocent of the actual drunk driving. It’s important to hire a knowledgeable DUI defense attorney promptly to protect your driving privileges if you...

Posted in: Criminal Defense

What Is the Difference Between a Michigan OWI and OWVI?

April 10, 2025

by Michigan Defense Law

In most states, the law that prohibits drunk or drugged driving is referred to as a DUI, or driving under the influence. However, in Michigan, slightly different terminology is used to refer to these charges. In Michigan Vehicle Code section 257.625, lawmakers lay out the different types of Michigan drunk driving offenses. If you have been charged with drunk driving in Oakland County, it is important to speak with an Oakland County DUI lawyer today. Contact us at (248) 451-2200 to schedule a consultation. What is Considered an OWI in Oakland County? An OWI, or Operating While Intoxicated, is the...

Posted in: Criminal Defense

Does Expungement Restore Gun Rights in Michigan?

March 20, 2025

by Michigan Defense Law

If you have been convicted of a felony in Oakland County, you will lose your right to possess a firearm both at the state and federal levels. Under Michigan Penal Code Act 328, Section 750.224f, you will not be allowed to “possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in this state” until certain conditions are met. Getting the help of a skilled expungement attorney to represent you and protect your rights is important. If you’re in Oakland County and need a lawyer for expungement, Paul J. Tafelski, a top-rated Oakland County expungement attorney, may be...

Posted in: Expungements

What Happens if I Violate a Restraining Order?

March 6, 2025

by Michigan Defense Law

When served with a restraining order—sometimes referred to as a personal protection order (PPO)—one must refrain from contact with a specific person. The order contains detailed information regarding prohibited actions and behaviors concerning the person seeking protection. Any violation of the restraining order results in serious consequences under Michigan law. A simple mistake can land you in jail, cost you fines, or possibly both. If you’re charged with violating a restraining order, it’s crucial to contact an Oakland County restraining order lawyer without delay to protect your rights and work toward the best possible outcome for your situation. At Michigan...

Posted in: Criminal Defense

Breath Tests and DUI Probation in Michigan

February 25, 2025

by Michigan Defense Law

When you are charged with operating while intoxicated (OWI) in Michigan, there is a good chance you will be put on probation as part of your OWI sentencing. Typically, one requirement of OWI probation is that you abstain from consuming alcoholic beverages. Michigan employs a number of techniques to determine if you have been drinking in violation of your probation. One method is random breathalyzer tests. Unfortunately, breath tests are not always reliable, and you may face a probation revocation hearing on the basis of faulty results from a breath test. If you find yourself facing drunk driving offenses, it...

Posted in: DWI

Driving on a Suspended License in Michigan

February 12, 2025

by Michigan Defense Law

Michigan’s stringent laws against driving with a suspended license can pull drivers into a web of legal troubles, each more problematic than the last. A suspended license casts a long shadow over your daily life, from limiting your ability to commute to impacting your standing in professional circles. The consequences extend beyond the immediate legal penalties, potentially affecting your insurance premiums, job prospects, and financial stability due to hefty fines and the specter of civil litigation. In these critical moments, the guidance of a seasoned Oakland County criminal defense attorney from Michigan Defense Law becomes an indispensable asset. Our legal...

Posted in: Criminal Defense, DWI

What is Disorderly Conduct in Michigan ( MCL 750.167)

January 28, 2025

by Michigan Defense Law

Disorderly conduct charges in Michigan cover a wide range of behaviors that can lead to legal consequences, from fines to potential jail time. The laws under MCL 750.167 address actions considered disruptive or harmful to public peace, often leaving individuals unsure about their rights and options. With penalties varying based on the circumstances, understanding the nuances of these laws is essential for anyone facing such accusations. If you or someone you know is facing disorderly conduct charges in Michigan, seeking legal assistance is crucial to protecting your rights and minimizing potential penalties. Attorney Paul J. Tafelski and our team of...

Posted in: Criminal Defense

ETG Test

January 21, 2025

by Michigan Defense Law

Why Are EtG Tests Performed? An EtG test, short for ethyl glucuronide test, is commonly performed on DWI probationers to determine if they have consumed alcohol. Many probationers in Michigan are required to refrain from drinking while on probation. An EtG test can be administered as part of a scheduled test or without telling you in advance that you will be tested. If an EtG test indicates alcohol consumption, a probation violation may be filed against you. Such violations should be taken seriously, as they can result in additional penalties, including jail time or the revocation of probation. If your...

Posted in: DWI

When is a “Stop and Frisk” Illegal?

January 13, 2025

by Michigan Defense Law

The Fourth Amendment of the U.S. Constitution prohibits unlawful search and seizure. There are many ways in which a search and seizure can be unlawful, from the illegal search of a person to the unlawful seizure of property from an alleged criminal suspect’s home or motor vehicle. One of the more contentious issues concerning the Fourth Amendment and its protection is the practice of “stop and frisk.” In 2013, The New York Times published an article about the prevalence of racial discrimination in “stop and frisk” procedures and programs. Despite the fact that a New York court found the NYPD’s...

Posted in: Criminal Defense, Juvenile Offenses, Property Seizures

Tagged: Criminal Defense Attorney, police discrimination, probable cause, stop and frisk, Terry Stop, unlawful search, unlawful searches, unlawful seizure

Will I Go to Jail for My First DUI in Michigan?

January 9, 2025

by Michigan Defense Law

Being charged with a DUI for the first time in Oakland County, Michigan can be a frightening and overwhelming experience. You may be worried about potential jail time, license suspension, hefty fines, and how a conviction could affect your future. Michigan’s DUI laws are strict, but whether or not you face jail time depends on the specifics of your case, including your Blood Alcohol Content (BAC) and any aggravating factors and the Judge you get. Understanding the legal consequences of a first DUI can help you prepare for what lies ahead and explore options to minimize the impact on your...

Posted in: Criminal Defense