DUI Enforcement

What Happens to My Driver’s License if I Am Convicted of DUI in Michigan?

Published on: June 23, 2020 | by Patrick Barone

If you are convicted of DUI in Michigan, then your driver’s license will either be restricted, suspended, or revoked. The exact driver license sanction will depend on the nature of your DUI conviction and your prior record. Driver license sanctions for DUI range anywhere from a 90-day restricted license to a 5-year hard revocation. These sanctions are not imposed until after you are convicted. A conviction occurs when you either plead guilty to an intoxicated or impaired driving or are found guilty by a judge or jury.

The specific driver license sanction depends on the nature of your conviction, the number of prior offenses you have, and when those prior offenses occurred. The following is a brief explanation of these driver license sanctions:

First Offense Operating While Visibly Impaired (OWVI)

More Police Officers Trained to Use Roadside Drug Tests to Make DUI Arrests in Michigan

Published on: June 13, 2020 | by Patrick Barone

There are 32 new drug recognition “experts” (DRE) qualified to make DUI arrests in Michigan. Only a trained DRE may administer the saliva tests in a DRE DUI investigation. Including this new crop of 32 DREs, there are currently 157 a total of DRE trained officers in Michigan.

The use of “oral fluid” drug tests began as a pilot program in Michigan in late 2017 and lasted one year. Initially, the devices were only used in DUI investigations in five Michigan counties, including Berrien, Delta, Kent, St. Clair, and Washtenaw Counties. During this time a little more than 7 drivers per month were tested. No information is available relative to number of Michigan DUI arrests that followed.

The DRE officers in this pilot program used a device called a SoToxa Mobile Test System. This device tests a DUI suspect’s saliva for the presence of amphetamines, benzodiazepines, cannabis (delta 9 THC), cocaine, methamphetamines, and opiates. As such it is only used to give a yes/no answer to the question of whether a drug is present. The test does not give a number, or a quantitative drug level. Therefore, it cannot indicate if a driver is actually DUI.

Will Sales of Carry-Out Cocktails Increase Instances of Michigan Drunk Driving?

Published on: June 11, 2020 | by Patrick Barone

Allowing the sale of pre-made cocktails and other types of alcoholic beverages to be sold carry-out may increase the numbers of drunk drivers on Michigan’s roads. However, because the answer to how carry out liquor sales will impact instances of DUI is not clear-cut, only time will tell if this potential for increased DUI becomes reality.

A good argument can be made that the new carry-out laws will have zero impact on DUI in Michigan. But these arguments assume that the bars and restaurants will be keeping a close eye on their patrons after the carry-out sale is made. If the persons consuming the alcohol are under less scrutiny from the persons selling it, and therefore less likely to get “cut off” before becoming intoxicated, then the new law may create a greater likelihood of drunk drivers.

The covid-19 restrictions imposed by Governor Whitmer have hurt the bottom line for all of Michigan’s bars and restaurants, and these new bills are intended in part to create a new stream of revenue and help these small businesses survive. For example, as quoted in the Detroit Free Press, Ben Giovanelli, who is the president of the Rochester Downtown Development Authority, believes that outdoor sales will be the key to survival for many bars and restaurants, who are still only allowed to operate at half-capacity. Social districts can help make up the difference.

Top Michigan DUI Lawyer Predicts that Drunk Driving Arrests Will Skyrocket Starting in June

Published on: June 9, 2020 | by Patrick Barone

How Much is Legal Limit to Drive in Michigan?

What is Legal limit in Michigan For most drivers the legal limit to drive in Michigan is .08. For people under the age of 21, Michigan has zero tolerance, which is legally defined as .02 or above. Commercial drivers, such as truckers and limousine drivers, can’t have a BAC of more than .04 to drive legally.

Is it Legal to Drink and Drive in Michigan?

My Michigan DUI Case is Waiting on Blood Test Results. Do I Need to Hire a Lawyer Right Away?

Published on: May 29, 2020 | by Ryan Ballard

Driving under the influence (DUI), or in Michigan Operating While Intoxicated (OWI), is usually charged using a breath test result. However, due to the recently discovered breath testing fraud, more often Michigan DUI cases are charged using a blood test result. Breath test results are available immediately after the test is administered at the police station or jail. Blood sample results, however, can take weeks or months to be returned from the Michigan State Police (MSP) forensics lab. The prosecutor in a DUI case generally, but not always, waits for blood results to submit formal charges because if the result is over .08 then the case can be charged under Michigan’s Unlawful Blood Alcohol Level law. And if the test result is above a .17, then it is considered a super-drunk driving.

What is the Process That My Blood Sample Goes Through?

If you have gone through a Michigan DUI arrest that involved a blood sample, you may have noticed that the police officer provided special vials to be used for the sample. These blood collection vials come from a kit that is specifically made for police agencies in Michigan to collect blood samples for criminal investigations. There should be two vials with grey caps. Sodium fluoride should be in the vials to properly preserve the blood. The vials are sent to the Michigan State Police forensics lab in Lansing for testing. Once tested, the results are sent back to the arresting agency, and the prosecutor for that agency. The prosecutor will review the matter, and if appropriate, will file DUI charges against you in court. If the blood is being tested for alcohol only, the process usually takes three to six weeks. If it’s also being tested for drugs, it could take months. During the coronavirus pandemic, the results could take even longer to be returned.

Government Claims Mandatory Use of Interlocks Will End Drunk Driving by 2024

Published on: May 16, 2020 | by Ryan Ramsayer

Almost since the uniform adoption of the automobile in the early 20th Century, drunk driving has been a vexing problem. After World War II, as the population began to move to the suburbs and the two-car garage become standard, instances of drunk driving increased. A couple decades later, Mothers Against Drunk Driving become one of the strongest, most influential, and most successful political action committees in all the land. Most recently, MADD has begun to champion Breath Alcohol Interlock Devices, or BAIIDs, as the panacea needed to end drunk driving.

History of HR 3011 Proposing to End DUI by 2024

There have been multiple attempts by both parties in the federal government to pass legislation that would require the mandatory use of BAIIDs. The most recent incarnation of these efforts manifests in a bill that would require BAIIDs in motor vehicles by 2024. Prefaced with the desire to “[T]o improve the safety of individuals by taking measures to end drunk driving”, H.R. 3011 is sponsored by Rep. Kathleen Rice, a Democrat from NY and supported by Senators Tom Udall (D-New Mexico) and Rick Scott (R-Florida) and Representative Debbie Dingell (D-Michigan). The Bill, originally submitted in 2019, seeks to force automotive manufacturers to install systems that would prevent a vehicle from being started if the driver was above a .08. These bills represent the latest attempts to force untested and unreliable equipment into our motor vehicles, with little regard for the severe consequences that could potentially follow.

I Left the Restaurant with My Unfinished Wine, How May I Legally Drive Home in Michigan?

Published on: May 15, 2020 | by Michael Boyle

Provided you did not drink enough of the wine to become impaired or intoxicated, the only potential ramifications of driving home with your unfinished open bottle is that you could be charged with possessing or transporting open intoxicants in a motor vehicle. This crime is often simply called “open intox” or “open alcohol in a car.” Avoiding this charge is easy if you know the law. So, before we discuss how to avoid picking up a charge for open intoxicants in a motor vehicle, let’s first make sure you understand the law.

Michigan Penalties for Open Intoxicants in a Motor Vehicle

In Michigan it is illegal to possess or transport alcohol that is open, or uncapped, or where the seal has been broken within the passenger area of the car. ‘Open’ most often refers to a can where the tab has been popped, or a cup that contains alcohol. ‘Uncapped’ refers to a bottle top that has been removed. ‘Broken seal’ refers to a twist of cap, or similar top, or cork that has been opened previously and replaced. The ‘passenger area’ means any area that is readily accessible to the driver or a passenger(s) from their seats, including the glove compartment and center console.

In Michigan DUI Causing Death Case Victim’s Intoxication Probably Not Relevant

Published on: May 5, 2020 | by Michael Boyle

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 of the case is People v. Baase. In this case, the driver was not intoxicated but was he was driving on a suspended license. The victim on the other hand had THC in her system. The defense attorney argued that the accident would not have happened but-for the victim’s diminished capacity to “react to the world around her.”

The Michigan Court of Appeals did not agree with the defense attorney’s arguments and found that the victim’s THC was not relevant. It is not clear from the opinion if the victim had used recreational or medical marijuana. And while this case did not involve an intoxicated driver, the ruling would likely have been the same whether a DUI driver who caused death or serious injury was under the influence of alcohol, marijuana or both.

What were the Facts of this Suspended License Causing Death Case?

How Much Will a DUI Lawyer Cost?

Published on: June 26, 2018 | by Patrick Barone

How Much Will a DUI Lawyer Cost?

There is at least a ten-fold difference in the amounts Michigan lawyers charge to handle a first offense drunk driving case. Fees usually start at around $1,500.00 for a newer less experienced lawyer. From there, fees increase to as much as $15,000 – $25,000.00, including trial, for a top DUI lawyer. Where death or serious injury is involved, fees can be even higher.

With such a wide range of fees you may wonder if it is worth spending more to hire a great lawyer? For some people the answer is clearly yes while for others the answer is more elusive. Either way, it’s a personal decision that depends on many factors. Before making the investment in a top DUI lawyer, you may wish to consider the following questions:

Is the Lawyer Available to Answer my Questions? If you’re spending a lot of money for a lawyer then you should expect plenty of communication. Facing a criminal charge can make you feel like you are standing on the edge of an abyss staring into the great chasm of the great unknown. Your attorney will be your guide helping to bring order into the chaos you are facing. Consequently, when needed, you should have an easy ability to contact your lawyer without delay or hassle. No lawyer is going to be forever available, and consideration should be given for time spent in court and handling other client’s cases. Nevertheless, you should expect to be in contact within a reasonable amount of time under most circumstances. A good way to determine if the lawyer you’re considering will be good with communication after you’ve paid them is to start paying attention from the first time you contact the Firm. You will begin to get a feel of how important communication is to the lawyers and staff involved. Consider such things as whether a person answers the phone, or it goes to voicemail; does your attorney provide a cell phone number to call or text; how much time does it takes for someone to get back to you for an initial consultation; how much time does the attorney give you in the initial consultation, before you’ve even paid them. If communication seems labored or difficult, then this is a warning sign that will lead to an increase in stress as your case moves through the system.

Driver’s License Sanctions for First Offense Drunk Driving Convictions in Michigan

Published on: May 24, 2017 | by Patrick Barone

If you have never been arrested for drunk driving before in Michigan, or anywhere else in the country, then there are three possible drunk driving charges in Michigan. The driver’s license sanction for each offense is described below.

High BAC/Super Drunk OWI

According to Michigan’s Criminal Code, section 257.625(c) a driver is considered “super drunk,” meaning they have a high BAC (bodily alcohol content) if that person has an alcohol content of 0.17 grams or more in their blood, breath, or urine.