DWI

Articles Posted in DWI

Can Involvement Of Alcohol And Drugs Aggravate Domestic Violence Charges?

June 8, 2023

The majority of times in a domestic violence, one or both of the parties have been drinking alcohol. It’s rare to see drugs as the cause of anger. In fact, drugs are less often involved in domestic violence cases than just two sober people who get into an argument, but alcohol is very frequently involved. Sometimes it makes the case worse, and sometimes it doesn’t because we are able to convince the court that there is not an alcohol problem there, but for a particular situation combined with the use of alcohol, this never would occur. Alcohol can make the...

Posted in: Drug Crimes, DWI

Six Things to Know About DUI Breath Tests

June 8, 2023

by Michigan Defense Law

If you are arrested for drunk driving in Michigan, you are required to take a chemical test – of your blood, breath or urine – to determine your bodily alcohol content (BAC). You can refuse to take the test. But if you refuse, your license will be immediately destroyed and you will be given a paper permit. You may drive on the paper permit until your criminal case is resolved in court. You can appeal this suspension. But you have a limited time – 14 days – to do so. All of this might seem harsh. But that is how...

Posted in: DWI

Stiff Penalties For Underage Drinking and Driving in Michigan

May 26, 2023

by Michigan Defense Law

Being charged with drunk driving in Michigan is bad news for anyone, but a DUI for drivers under the age of 21 is especially serious. In Michigan, a “zero tolerance” policy is strictly enforced, which bars young drivers from getting behind the wheel after consuming alcohol, regardless of whether they’re legally intoxicated or not. Underage drivers can face OWI/DUI charges if their blood-alcohol concentration surpasses 0.02, provided they’re under 21 at the time of the incident. More grave charges, like driving while intoxicated, can be imposed if their blood alcohol content crosses the 0.08 threshold. In such challenging situations, a...

Posted in: DWI

Six Things To Know About Prescription Drugs and Driving in Michigan

May 19, 2023

by Michigan Defense Law

When it comes to prescription drugs and driving, there are several crucial factors that individuals in Michigan need to be aware of to ensure their safety and comply with the law. While prescription medications are often prescribed to treat various medical conditions, they can also have significant effects on a person’s ability to drive safely. Understanding the potential risks and legal implications of driving under the influence of prescription drugs is essential for residents of Michigan. If you find yourself facing legal issues related to driving under the influence of prescription drugs, seeking the help of a skilled lawyer is...

Posted in: Drug Crimes, DWI

Breath Tests and DUI Probation in Michigan

April 19, 2023

by Michigan Defense Law

When you are charged with operating while intoxicated (OWI) in Michigan, there is a good chance you will be put on probation as part of your OWI sentencing. Typically, one requirement of OWI probation is that you abstain from consuming alcoholic beverages. Michigan employs a number of techniques to determine if you have been drinking in violation of your probation. One method is random breathalyzer tests. Unfortunately, breath tests are not always reliable and you may face a probation revocation hearing on the basis of faulty results from a breath test. If you find yourself facing drunk driving offenses, it...

Posted in: DWI

Can You Drive After DUI Before the Court Date in Michigan?

March 29, 2023

by Michigan Defense Law

Being charged with operating while intoxicated or driving under the influence (OWI/DUI) in Michigan can be a confusing and challenging time. Even the refusal of a chemical test or aggressive driving behaviors can result in additional DUI charges being filed against you. An individual can face a lot of uncertainty especially if they are not familiar with the process and do not have the help of an experienced OWI defense attorney. At Michigan Defense Law, our team of experienced Michigan DUI attorneys can help you understand your rights. Top-rated Michigan attorney Paul J. Tafelski has provided quality legal assistance and...

Posted in: DWI

ETG Test

October 6, 2022

by Michigan Defense Law

Why Are EtG Tests Performed? An EtG test, short for ethyl glucuronide test, is commonly performed on DWI probationers to determine if they have consumed alcohol. Many probationers are required to refrain from drinking while on probation in Michigan. An EtG test can be administered as part of a scheduled test or without telling you in advance that you will be tested. If an EtG comes up positive for alcohol, a probation violation may be filed against you. A probation violation should always be taken seriously as it can result in additional penalties, including jail time or complete revocation of...

Posted in: DWI

Michigan Court Affirms Defendant’s Conviction Following Fatal OWI Accident

September 16, 2021

by Michigan Defense Law

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

Court Rejects Defendant’s Motion to Suppress Statements Made to Detectives in Recent Michigan OWI Case

September 16, 2021

by Michigan Defense Law

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

Michigan Court Determines Medical Marijuana Patient Can Be Found Guilty of OWI Offense

February 26, 2021

by Michigan Defense Law

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