My question involves criminal law for the state of: Michigan
Toward the end of 2012, I was charged with operating while impaired (OWI) as a reduced charge plea from the Michigan Super Drunk
charge. I was sentenced to 18 months of probation, outpatient counseling, an alcohol education class, and the Michigan Checkpointe
Program - as well as paying court costs and fees.
I have currently been on probation for about 5 months without touching a drop of alcohol nor missing and meetings or PBT's.
My questions pertain to the following situation: I am a student in the state of Michigan, but my permanent residency is in another state.
1) Can the state of Michigan force residency upon me due to my situation? I am on track to graduate in May and, before this OWI, I was
planning on returning to my home state to search for employment - where my family is. I was told by my PO that the only way that they
can commute my probation back "home" is to provide viable employment - bringing him a job offer, not a job opportunity. Once I graduate,
am I allowed to return home to my permanent residency address? Wouldn't it be the same as if you were charged with a DUI in a state
while on vacation?
2) If my home state does not have an OWI charge, what will happen if my probation is commuted? Some answers I have gotten are that
my home state can either terminate my probation due to the nature of the charge or continue it in conjuction with the state of Michigan.
Either way, I assume responsibility for my actions and will do what needs to be done to correct my mistake. I am not, simply, trying to
"get off" with it or "get away with a loophole in the system". I messed up and I understand that.
3) Michigan requires a "Driver Responsibility Fee" for alcohol/drug related offenders in a two-consecutive-year phase. 1st year - $500, 2nd
year - $500. If my probation is commuted to my home state, will I be required to pay the second tier of the fee, since I will no longer be
"driving" in the state of Michigan?
Any and all information would be greatly appreciated. Thank you!

