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Birmingham DUI Laws
In the State of Michigan, instead of DUI, the term operating while intoxicated is used. The definition of intoxicated is being materially and substantially affected in the ability to operate a motor vehicle. There are a couple of ways in which a person can be intoxicated. One of them is what they used to call the common law, drunk driving. That is having an unauthorized bodily alcohol level or UBAL for short. That means that the person had alcohol in their system above 0.08.
There is another way to go about it and that is OUIL or operating under the influence of liquor. That requires that a person has some level of impairment they are materially and substantially affected. Either one of those two theories can come into play when determining whether somebody is intoxicated under the statute because the Birmingham statute follows the statute and the Birmingham DUI laws of Michigan, specifically MCL 27.625, Subsection 1, which is the drunk driving law in the State of Michigan. Speak with a professional attorney to learn more.Enforcing Laws
One of the unfortunate things about drunk driving in Birmingham is that the court that oversees Birmingham is the Bloomfield Hills Court. In that court, there are three judges. In two of the judges’ cases, a drunk driving, even a first offense, will result in jail time. It is enforced in that court much more heavily than across the state.
It is important if a person is charged with an OWI or DUI in Birmingham that the person contacts an attorney immediately. A person does not want to go in front of one of those judges at sentencing and, a person does not get to choose which judge they get; it is determined by blind draw.Seriousness of Charges
They are taken very seriously. The police officers want to make sure that the public is protected. It is also a more affluent area. To keep it that way, the police officers make sure that they enforce the Birmingham DUI laws and the standards so that the community does not suffer. That is what one of the judges has indicated. Furthermore, even the prosecutors and the judges want to make sure that the law is being carried out effectively. They are very big on protecting the local population and making sure that standards remain high.
Any kind of accusation of drunk driving is going to be taken extremely seriously by all the parties involved, including the police officers, prosecutors, and judges. That is very big as far as trying to determine the final outcome of a case.Local Nuances
As far as the local Birmingham DUI laws, it is based on the Michigan State Statute 257.625-1, which is drunk driving, similar to everywhere across the state. Most cities and municipalities adopt the Motor Vehicle Code. The nuances that a person faces in Birmingham are based on where the stop occurs. It is a very small area comparative, so there are sometimes other police agencies involved. A person will want to make sure that they are doing their best to try and get cases transferred to the other venues to avoid the judges in Birmingham and in the Bloomfield Hills area.
Additionally, whenever a person is looking at Birmingham, they have to be aware of how to go through obtaining records, making sure that they are getting all the police and car videos, the booking videos, and any videos that may be generated out of Oakland County Jail, because most people are transferred from the Birmingham area to the Oakland County Jail. Also, a person will want to make sure that they understand who the prosecutor is, who the judges are, and all of the potential issues dealing with those people.Handling DUI Cases in Birmingham
The cases from Birmingham are handled by the city attorney. The attorney usually at court is Mary Kucharek. She is very big on making sure that people who violate the Birmingham DUI laws are punished accordingly. That means that although most court deals are given freely, in this court it may take a lot of time and effort to receive even a basic deal on a drunk driving. She also knows what the judges’ punishments will be, likely jail time on even a first offense, and will make sure that she uses that to her advantage when attorneys are negotiating.