DUI and Criminal Defense at the 42-1 District Court in Romeo
If you’ve been charged with a DUI or another criminal offense in Romeo, Armada Township, Armada Village, Bruce Township, Memphis (south of Bordman Road), Ray Township, Richmond, Richmond Township, or Washington Township, your case will be heard at the 42-1 District Court in Romeo. Our firm has been representing clients at this court for more than 35 years, and we know how cases move here — how they’re prosecuted, what Judge Andary looks for, and what it realistically takes to get the best possible outcome. This article is meant to give you an honest picture of what to expect.
Before anything else, it’s worth noting that the first goal in every DUI case we handle is to find a way to get the charge dismissed outright. That means a thorough review of the traffic stop, the administration of field sobriety tests, the chemical (breath and/or blood) tests, and every other aspect of the arrest. If the evidence is solid enough to withstand a legal challenge, the focus shifts to getting the charge reduced and minimizing the fallout.
Only after those possibilities are exhausted do we turn to avoiding as many of the legal penalties and negative consequences as possible — and that’s where experienced, knowledgeable representation makes an enormous difference.
What Kind of Court Is the 42-1 District Court?
The 42-1 is one of the better courts in Metro Detroit to face a DUI charge. Judge Jennifer Andary presides as the sole judge here. She is fair-minded and guided by common sense. She is not a “hammer” — she doesn’t approach DUI cases looking to impose the harshest possible outcome.
Like the best judges in the Macomb County court system, she’s more interested in what makes sense for the individual rather than just checking boxes. A first-offense DUI defendant who demonstrates accountability and takes the process seriously will always be treated decently, fairly, and with respect.
The 42-1 also covers a large geographic footprint — 180 square miles of northern Macomb County — and handles a significant caseload as a result. As noted, its jurisdiction includes Romeo, Armada Township, Armada Village, Bruce Township, Memphis (south of Bordman Road), Ray Township, Richmond, Richmond Township, and Washington Township.
DUI cases are prosecuted by a mix of municipal attorneys — representing individual cities, townships, and villages — and the Macomb County Prosecutor’s Office, depending on where the arrest occurred and which agency made the stop.
What You Need to Know
- Judge Jennifer Andary is genuinely fair and practical
- Dismissal is always the first goal — we review every aspect of the arrest and testing
- First-offense jail is very unlikely absent serious aggravating factors
- Sobriety court is available and can override mandatory license revocation for second-offense cases
- Third-offense felony DUI can sometimes be reduced to a second-offense misdemeanor at the district court level
DUI Cases at the 42-1 District Court
Michigan’s drunk driving law, MCL 257.625, covers a range of charges from Operating While Intoxicated (OWI) and Operating While Visibly Impaired (OWVI) through High BAC and felony-level third-offense charges. What that law allows as a maximum penalty and what actually happens in court are two very different things — and understanding that difference is where our 35-plus years of experience at the 42-1 becomes directly useful to our clients.
First-Offense DUI at the 42-1
A first-offense OWI in Michigan is a misdemeanor. The statutory penalties include up to 93 days in jail, fines, and a license suspension. At the 42-1, jail time for a first offense is very unlikely in the absence of serious aggravating factors — an accident with injuries, an extraordinarily high BAC, or similar circumstances. This is not a court that automatically defaults to locking up first-time DUI defendants, and Judge Andary’s approach reflects that.
What matters most in a first-offense case is how the defendant is presented. If the court perceives this as an honest lapse in judgment and not part of an ongoing pattern of drunk driving behavior, then things will go well. How the case is handled directly affects whether a person will wind up on long, demanding, and intrusive probation with frequent testing or a more manageable, less burdensome, shorter term of probation. Ultimately, success in a DUI case is best measured by what does NOT happen to you.
Second-Offense DUI at the 42-1
A second-offense OWI within seven years is a misdemeanor carrying a potential penalty of up to 12 months in jail, higher fines, and mandatory license revocation. In practice, jail exposure at the 42-1 for a second offense is real but manageable with the right preparation. In these cases, the court will want to understand the pattern of drinking behavior, not just the incident.
One of the most important options available in a second-offense case is sobriety court. The 42-1 has its own sobriety court program, and successfully completing it can override the mandatory license revocation that would otherwise follow a second DUI conviction within 7 years of a prior. That’s a significant practical benefit — it means the difference between losing your license for years and keeping driving privileges while completing a structured treatment program. For the right client, sobriety court is worth a serious conversation.
Third-Offense DUI at the 42-1
A third DUI offense at any point in a person’s lifetime is a felony under Michigan law, which means it starts in the district court at the arraignment and probable cause stage before being bound over to the Macomb County Circuit Court — if it proceeds as a felony.
However, in Macomb County — and the 42-1 is no exception — it is sometimes possible to get a plea bargain that reduces a third-offense charge to a second-offense misdemeanor at the district court level, avoiding the circuit court entirely. Whether that’s available depends on the specific facts, the prosecuting agency, and the prior record, but it’s always something we explore thoroughly and fight for with all available resources.
If it’s achievable, we’ll get it, and that makes a meaningful difference in both the immediate penalties and the long-term consequences. We’ve written in more detail about license restoration after a third DUI for those who want to understand what the road back looks like.
Other Criminal Cases at the 42-1 District Court
Beyond DUI, the most common criminal matters we handle at the 42-1 involve suspended and revoked license charges — DWLS and DWLR. These charges are more serious than many people realize. Driving on a suspended license can result in additional license sanctions that compound the original problem, and a revoked license charge carries its own set of consequences. Our firm handles these regularly at the 42-1 and knows how to navigate them effectively.
The court also handles the full range of misdemeanor and civil infraction matters — traffic offenses, retail fraud, domestic violence, embezzlement, indecent exposure, and other criminal charges that arise in northern Macomb County. If you’re facing any criminal charge at the 42-1 and want to understand your realistic options, we’re glad to talk through the specifics.
How Our Firm Approaches the 42-1 District Court
Our firm has been practicing at the 42-1 District Court in Romeo for more than 35 years. That’s not a marketing line — it means we’ve seen how this court operates across multiple judicial tenures, how the prosecution approaches cases depending on which municipal attorney or county prosecutor is handling them, and what works best with Judge Andary. We’ve handled cases here involving first, second, and third offenses, DWLS and DWLR charges, and a full range of other criminal matters.
What that experience translates to, practically, is this: we know what to look for in the arrest record, we know how to prepare a client to get the best result, and we know the realistic range of outcomes at this court. We don’t make promises no one can keep, and we don’t pad our reputation with hollow assurances. What we do is give every client a clear-eyed picture of where their case stands and then do everything necessary to get the best result possible.
If you’d like to know more about our fees before calling, we publish them openly at our fees page. We believe in transparency, and we think you should know what you’re getting into before you pick up the phone.
Facing a DUI or Criminal Charge at the 42-1 District Court? Call Us.
If you’ve been charged with a DUI or any other criminal offense at the 42-1 District Court in Romeo, our firm is ready to help. Consultations are free, confidential, and done over the phone. We’re available Monday through Friday, 8:30 a.m. to 5:00 p.m., at 586-465-1980. An after-hours answering service is available if you call outside those hours. You can also reach us through the contact form or chat box on our website.
For a full overview of what’s involved in a Michigan DUI case — charges, penalties, and what a defense actually looks like — visit our Michigan DUI/OWI defense page.
