Articles Posted in Drunk Driving

For many people, their first contact with the criminal justice system happens when they are charged with drunk driving. When someone is stopped for suspicion of drunk driving or DUI, they often become extremely nervous and overly chatty. They may think that they can talk the police officer into letting them go, or that being cooperative and doing all roadside tests will convince the police not to arrest them. Most people simply do not know their rights or know what to do when pulled over by the police on suspicion of drunk driving. If you are stopped for suspicion of...

Is it mandatory for police in Michigan to obtain a warrant before conducting a blood draw on a DUI/OWI suspect? According to Michigan law (MCL 257.625a), individuals under 21 can be charged with OWI based on any detectable alcohol level in their blood, breath, or urine, while those 21 and older must have a blood alcohol content (BAC) of 0.08% or higher. Although breathalyzer tests are commonly used by Michigan police officers to determine a driver’s BAC, officers might also opt for a blood test. Is a warrant necessary for law enforcement officers to compel a blood test from a...

Being issued a license in Michigan gives you driving privileges but it also carries certain responsibilities. One of these is the “implied consent” to submit to breath, blood, or urine tests if you’re suspected of driving under the influence (DUI). Refusal to comply with a chemical test can lead to severe penalties, including license suspension, irrespective of whether a DUI charge is substantiated. These implied consent laws can be challenging to understand, especially when dealing with charges related to test refusal or the repercussions of a DUI case. At Michigan Defense Law, our focus is on DUI cases. We are...

Anyone accused of a crime in the United States has the right to an attorney if they face jail time. That includes anyone charged with operating a motor vehicle while intoxicated under Michigan law. As anyone who has watched a crime-related TV show knows, part of the famous Miranda warnings includes the statement: “if you cannot afford an attorney, one will be appointed for you,” or something to that effect. If the court determines you are indigent you will have the right to a court appointed attorney.  However, the court will ultimately charge you some fee for use of the...

Navigating the legal alcohol limits in Michigan is a critical responsibility that every individual should take seriously. Understanding these limits and their implications can help prevent legal troubles and ensure the safety of yourself and others on the road. However, when faced with complex legal matters related to alcohol offenses, such as the penalties involved in an underage OWI or the legal implications of an OWI with prescription drugs, seeking experienced help from a Michigan OWI (Operating While Intoxicated) lawyer becomes crucial.  If you find yourself in a situation involving an OWI charge or have questions about the legal alcohol...

Earlier this month, a state appellate court issued an opinion in an OWI case involving a fatal car accident. Among the issues raised on appeal, the defendant claimed that a statement he made to a detective while at the hospital should not have been admitted into evidence. However, the court rejected the defendant’s claim, finding that he was not in custody at the time he made the statement and that the police did not act inappropriately when informing him that the victim had died. The Facts of the Case According to the court’s opinion, the defendant was driving a white...

Earlier this year, a state appellate court issued an opinion in a Michigan drunk driving case discussing the defendant’s challenges to his conviction. However, after reviewing and rejecting each of the defendant’s arguments, the court affirmed his conviction. That said, the case is important, as it illustrates the type of challenges that may be successful, especially pertaining to field sobriety tests. The Facts of the Case According to the court’s opinion, a Michigan State Police Trooper observed the defendant not maintaining his lane. The Trooper pulled up next to the defendant, saw that he was not distracted or on his...

In 2018, Michigan voters passed the “Michigan Regulation and Taxation of Marijuana Act,” (the Act) which provided for the legal recreational use of marijuana. The Act, which will go into effect in 2020, allows adults ages 21 and over to possess up to 2.5 ounces of marijuana for personal use, and to grow up to 12 cannabis plants at home. Of course, driving under the influence of marijuana is still considered a crime under the Operating While Under the Influence (OWI) statute. As people began to use marijuana more freely, lawmakers believe that there will be an increased risk of...

You’ve been charged with operating a motor vehicle while intoxicated under Michigan law. You know you need a lawyer. But how do you find a good one, and what questions do you ask that lawyer when you meet for the first time? In this blog post, we cover the basics of finding and interviewing a Michigan DUI lawyer to make sure you give yourself the best chance of mounting the strongest possible defense. Part One: Finding a DUI Lawyer It’s not particularly difficult to find a Michigan lawyer who advertises services for clients facing DUI charges. A simple Google search will...

DUIs in Michigan, as in other states, typically carry heavy consequences: loss of the drunk driver’s license, heavy fines, and even jail time, depending on the severity of the offense and the number of times the driver has faced DUI charges. For underage drivers, however, the consequences of DUI may go further. Drivers under the age of 21 convicted of driving while intoxicated may face serious penalties that can linger—and subsequent DUI charges in the future may cause even more serious problems. Michigan has a zero-tolerance policy for DUIs for underage drivers. To speak to a professional about your options...