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1. What should I know about adult traffic misdemeanors?

If you have received a traffic ticket, it is important to read both sides of the ticket. The ticket will indicate whether you are accused of committing a civil infraction or a misdemeanor. Also located on the ticket is information about how you can respond to the ticket, where you may need to appear, and what your rights are. Most traffic violations are heard by district judges or magistrates in the district court located closest to where the incident occurred.

If you have received a misdemeanor traffic ticket and are 17 years of age or older, you must appear in the district court where the violation occurred. If a hearing is requested, you may be represented by an attorney and you have the right to a trial by a judge or jury. The prosecutor or city attorney must prove that you are guilty. You may want to talk to an attorney prior to your hearing.

An arraignment is the initial step where you are formally charged with the offense, informed of your rights, and are asked to plead guilty or not guilty. If you fail to appear for the arraignment, a warrant for your arrest may be issued and your driver's license may be suspended. If you are convicted of a traffic misdemeanor, you may be required to pay a fine and costs, points will be added to your driving record by the Secretary of State, and some convictions may result in jail sentences.

2. What should I know as a minor about traffic misdemeanors?

If you have received a traffic ticket, it is important to read both sides of the ticket. The ticket will indicate whether you are accused of committing a civil infraction or a misdemeanor. Also located on the ticket is information about how you can respond to the ticket, where you may need to appear, and what your rights are. If you are under the age of 17, and have received a misdemeanor traffic ticket, you must appear at the family division of the circuit court.

You will be notified to appear for an intake interview and a preliminary hearing. At the preliminary hearing, you will plead guilty or not guilty, and be notified of the next hearing date. Your parents or legal guardian must be present during all proceedings. You may be represented by an attorney, and you have the right to a trial by a judge or jury. The prosecutor must prove that you are guilty.

If you fail to appear for the arraignment, an order may be issued to the police to bring you to court. If you are convicted of a traffic misdemeanor, you may be put on probation, be sent to a driver improvement course, and points will be added to your driving record by the Secretary of State.

3. What happens when I'm stopped by a police officer and I have been driving under the influence?

If you are stopped for drunk driving by a law enforcement officer, you may be asked to take a breath test while on the road. This breath test is called a PBT or a preliminary breath test. If you refuse to take the PBT, a civil infraction ticket may be issued for refusing to take the breath test.

You will be taken to a police department to take a breathalyzer test. If you refuse, your driver’s license will be suspended for a minimum of 6 months and 6 points will be added to your driving record. A drunk driving conviction has many consequences. You may want to talk to an attorney before the first court hearing.

4. What are the charges regarding drunk driving violations or misdemeanors?

If you have been stopped for drinking and driving, you may be charged with 1 of 4 misdemeanor offenses. First, an OWI, which stands for Operating While Intoxicated. Second, an OWVI which stands for Operating While Visibly Impaired. Third, OWPD which stands for Operating With the Presence of Drugs, or fourth, Zero Tolerance, which applies to persons under 21 years of age. For all of these offenses, one must appear before a judge or magistrate to be arraigned.

In all drunk driving offenses, you have the right to an attorney and to a trial by a judge or jury. If you have been previously convicted of a drunk driving offense, the charge may be increased. Anyone convicted of the first 3 of these charges will automatically lose his or her driver’s license for a minimum of 90 days and have at least four points added to his or her driving record. Sometimes the court will issue a restricted driver's license allowing you to drive only for certain reasons such as going to work or school.

5. What happens regarding sentencing and other consequences, if I am convicted of drunk driving?

Anyone convicted of a drinking and driving offense may be sentenced to jail, ordered to pay fines and costs, required to do community service, be put on probation, and ordered to attend an alcohol education or treatment program. Your car insurance coverage and rates may be influenced if convicted.

If you are a Michigan resident and are arrested for drinking and driving, the law enforcement officer will take and destroy your driver's license. The officer will provide you with a temporary Michigan driving permit until your case is resolved.