With marijuana use on the rise in Michigan more and more drivers are found to have marijuana in their system or to even be intoxicated from using marijuana containing products. This is exactly what happened in a causing death case recently decided by the Michigan Court of Appeals. The name…
Articles Posted in OWI
Michigan Roadside Saliva Testing for Marijuana Use Now in Use Statewide
A localized pilot program to allow Michigan police officers to test a driver’s saliva for the presence of marijuana has been expanded statewide. If you have used marijuana or cannabis containing products and then drive a motor vehicle in Michigan, you should be aware that roadside testing for marijuana use…
DUI Causing Serious Injury with High BAC Increases Max Penalty to Ten Years in Prison
Michigan law recently changed regarding the penalty imposed for a DUI with a high BAC (Blood Alcohol Content) where serious injury has occurred. This change enhances the causing serious injury DUI charge such that it is almost on par with a DUI causing death case. Now, if you operate a…
Driving Under Influence of Marijuana at Least Twice as Dangerous as Alcohol
A study prepared by researchers from Columbia University concludes that drivers under the influence of marijuana are more than twice as likely to cause motor vehicle accidents. The report, entitled Marijuana Use and Motor Vehicle Crashes which was a metanalysis of prior studies, found: Specifically, drivers who test positive…
A Single DUI Conviction May Result in Job Loss
Depending on how you are employed, even a single drunk driving conviction can result in termination. If you keep your job, then a DUI conviction might result in being passed over for a promotion. A drunk driving conviction might also result in future employers selecting other candidates for open positions,…
Will I Get a DUI if I Drive High?
Colorado was one of the first States to legalize the use of marijuana. Michigan has now followed suit and has legalized both the use of medical as well as recreational marijuana. However, in Michigan and all other states, driving under the influence of marijuana remains illegal. If you are caught…
According to Science, Odor of Alcohol Not a Reliable Indicator of Intoxication
In nearly every drunk driving arrest, the police officer’s narrative report will indicate the observation of “strong odor of intoxicants.” As with all the facts, it will ultimately be up to a jury to decide the meaning of this observation, and to “weigh” it along with all the evidence in…
Should I Use the Covid-19 Lock Down to Finally Get My Michigan Felony Expunged?
If you’ve been convicted of a criminal charge at some point in your life, you’ve probably asked yourself, “is there any way I can get this thing off my record?” The answer, in many cases, is yes. And there’s no better time than the current Covid-19 shutdown to improve your…
Prosecutors Often Commit Professional Misconduct in DUI Trials
The trial of an alleged drunk driving brings out all sorts of personal biases and strong opinions. In their zeal to gain convictions, prosecutors, often without realizing it, violate their professional ethics. The most common place this happens is during opening and closing arguments. But it often happens during the…
After a Drunk Driving Death, the Power of Forgiveness Heals
Perhaps one of the most tragic drunk driving accidents in recent memory involved the simultaneous death of a mother and her two boys, aged 12 and 9. The husband and father of the boys, Mr. Gary Weinstein, was not in the vehicle, and therefore survived the crash that wiped out…