DWI

Articles Posted in DWI

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...
Posted in: Drunk Driving, DWI
Recently, a state appellate court issued a written opinion in a Michigan OWI case requiring the court to determine whether statements the defendant made before and after his arrest should have been excluded from the jury’s consideration. While the court determined the trial judge should have suppressed certain statements, the court held that the remaining statements were admissible. Thus, the court affirmed the defendant’s conviction and sentence. The Facts of the Case According to the court’s opinion, the case involved a man who allegedly pulled out into traffic while operating a car under the influence of methamphetamine and marijuana. He...
Posted in: DWI
Recently, a state appellate court issued an opinion in a Michigan operating while visibly impaired (OWVI) case involving the defendant’s claim that the Michigan Medical Marijuana Act (MMMA) prevents him from being charged. However, ultimately, the court disagreed, affirming his conviction. A Michigan OWVI offense is similar to an operating while intoxicated (OWI) offense, except that it does not require proof of intoxication. Instead, the prosecution can proceed under the theory that a defendant was visibly intoxicated. In an OWVI case, the prosecution does not need to present any proof that the defendant was actually intoxicated, only that they were...
Posted in: Drug Crimes, DWI
Last month, a state appellate court issued a written opinion in a Michigan operating while intoxicated (OWI) case involving a defendant’s motion to suppress a statement that he made to a detective following his arrest. Ultimately, the court concluded that admission of the defendant’s statement, even if the statement was illegally taken, was harmless error based on the other evidence presented at trial. As a result, the court dismissed the defendant’s appeal, affirming his convictions and sentence. According to the court’s opinion, on June 7, 2016, the defendant crashed his pickup truck into a group of cyclists, killing five and...
Posted in: DWI
In Michigan, the law is tough on underage drinking and driving. If you are under the age of 21, have a measurable amount of alcohol in your blood, and are operating a vehicle, the consequences are severe. According to the Centers for Disease Control, more than 4,300 underage youth die each year from excessive drinking. Even though it is illegal for people under the age of 21 to drink alcohol, those aged 12 to 20 years drink 11 percent of all alcohol consumed in the United States and over 90 percent of the alcohol is consumed while binge drinking. The...
Losing your license is stressful and makes life very difficult, especially if you have a family to take care of. Hardships include things you probably always took for granted, such as getting to work; taking the kids to school, activities, and doctors’ appointments; and going grocery shopping. You can’t even take the car to go a couple of blocks down the street to pick up milk at the convenience store. In order to be a productive adult, you need to have a driver’s license. Determining Eligibility to Get Your License Back In general, you must meet three requirements to get...
Do the police in Michigan have to obtain a warrant in order to draw blood from a DUI/OWI suspect? Under Michigan law (MCL 257.625a), a person can be charged with an OWI if that person’s blood, breath, or urine show any sign of alcohol if the person is under the age of 21, and if the blood alcohol content (BAC) is 0.08% or higher for anyone who is 21 and older. Sometimes Michigan police officers administer breathalyzer tests in order to determine a driver’s BAC, but a police officer also may require a driver to submit to a blood test...
No one gets behind the wheel of a car expecting to be charged with drunk driving in Michigan, but even a slight lapse in judgment can lead to serious implications. Depending on your history of prior convictions and whether your conduct caused an accident, you could be facing misdemeanor or felony offenses. In addition to fines and potential jail time, a conviction can lead to a driver’s license suspension, sky-high insurance rates, a permanent criminal record, and other consequences. Knowing that prosecutors are cracking down on drunk driving, it’s important to retain an experienced criminal defense attorney to assist with...
Attorney Paul Tafelski comments on an article in www.Entrepreneur.com about a research claiming the UBER services lead to decrease in DUI deaths. We recommend that clients place the Uber app or some similar serve on their phones. It is clear that the cost both psychologically, financially and professionally is high for anyone convicted of a DUI. Making it as easy as possible to use alternative transportation to get home is going to result in a cost savings in the long run if you were to ever get busted. A single arrest and conviction can exceed $8000 in costs when legal fees, court fines,...
Posted in: DWI
In Michigan, when a police officer stops a driver on suspicion of drunk driving or OWI, the officer can request field sobriety tests and/or a preliminary breath test (PBT). If a driver in Michigan refuses this test, the state may impose a fine of up to $150, plus court costs. The roadside breath test, also called a preliminary breath test or PBT, indicates the presence and/or concentration of alcohol based on a breath sample. The purpose of the breath test and other field sobriety tests is to determine if there is probable cause to arrest you for driving under the...
Posted in: DWI