Articles Posted in DUI Penalties

Published on: | by

A Barry County Judge has indicated that he’s going to start cracking down on repeat drunk drivers by giving them a minimum of 30 days in jail.

Judge Michael Shipper was appointed by Governor Snyder in 2011 and is already tough on first-time offenders.  Now he says he’s ready to be even tougher on repeat drunk drivers.  He’s indicated that the 30-day sentences could be spread out over 15 weekends.

In Michigan, a second offense drunk driving charge is appropriate only where the offender has a prior offense within the prior 7 years.  If the prior offense is more than seven years old the new offense will be considered a first offense.  However, the same is not true for those drivers with two prior drunk driving offenses on their record.  Michigan has a lifetime look back for drivers with three or more total drunk driving convictions.  These drivers are considered felons and may face up to five years in prison.

Continue Reading ›

Published on: | by

The answer is somewhat unclear because so far no Michigan court has specifically ruled that police officers must administer standardized field sobriety tests in accordance with protocol set forth by the National Highway Traffic Safety Administration (NHTSA).  However, a new law was recently passed in Michigan that suggests that the legislature wants substantial compliance with the NHTSA standards.

The new law, with an effective date of September, 2016, reads as follows:
257.62a “Standardized field sobriety test” defined.

Sec. 62a. “Standardized field sobriety test” means 1 of the standardized tests validated by the National Highway Traffic Safety Administration. A field sobriety test is considered a standardized field sobriety test under this section if it is administered in substantial compliance with the standards prescribed by the National Highway Traffic Safety Administration.

Continue Reading ›

Published on: | by

If you have been arrested for a first offense drunk driving in Michigan, then you are not prohibited in any way from buying, selling or leasing a car.  However, if you have been arrested for a second offense drunk driving, then things get a bit trickier.

In 1999, the Michigan drunk driving set forth at Michigan Complied Laws 257.625 et. seq., changed substantially.  Part of these changes included license plate confiscation for people arrested for a second offense within seven years, or a third offense within a lifetime.[i]  The police replace the metal license plate with a temporary paper plate that is valid, under statute, until the charges against the person are dismissed, the person pleads guilty or nolo contendere to those charges, or the person is found guilty of or is acquitted of those charges.[ii]

These procedures bring up a whole host of potential issues including what happens if you want to sell your car, or turn in your lease, and what happens if you want to buy a new car?

Continue Reading ›

Published on: | by

In Michigan, a charge of drunk driving causing death is punishable by up to 15 years in prison.  This possible sentence is set forth in Michigan Complied Laws 257.625(4)(a).  In determining exactly what sentence to impose for an individual case a judge will be looking at many factors, including the Michigan Sentencing Guidelines.

A recent case dealing with this issue is People v. Taylor.  In this particular case the defendant Taylor was found guilty of drunk driving causing death. The facts were that Taylor admitted drinking, then while driving a car killed a person on a bicycle.  He failed field sobriety tests and was over the legal limit.

The sentencing guideline range was 29 – 57 months.  Taylor’s defense attorney filed a sentencing memorandum where he requested a downward departure from these guidelines.  He argued that there were substantial and compelling reasons to do so, including his lack of criminal history, education, employment history, remorse and many other factors.  The prosecutor, of course, argued that none of this mattered.

Continue Reading ›

Published on: | by

Many people don’t realize that a drunk driving picked up on their “own time” can sometimes affect their jobs. This is particularly true for nearly anyone who carries a professional license, be it a pilot license, medical license, insurance license, real estate license or even a cosmetology license. In almost every instance the license holder must report the drunk driving arrest or conviction to the licensing authority, usually the Michigan Licensing Authority and Regulatory Affairs.  Pilots who pick up a drunk driving have very stringent reporting requirements, and a failure to report in a timely manner can be devastating.  With pilots however, it’s more of a federal issue rather than a state issue.

For the past several decades, the Federal Aviation Administration (FAA) had required pilots, that is anyone who holds an FAA license, to report each motor vehicle action (MVA).  This FAA reporting requirement includes even a first drunk driving arrest.  Because pilot licenses generally don’t expire, this reporting requirement holds true for both active and non-active pilots.

The FAA sets forth the following definitions of a MVA, all of which must be reported within 60 days:

Continue Reading ›

Published on: | by

Michigan law provides that drivers convicted of drunk driving can have their cars forfeited.  This means that upon conviction the state can take the convicted drunk driver’s car.  In those cases where the car was used without the permission or knowledge of the owner the “innocent owner” defense would apply.  If successful this defense would keep the state from grabbing the car.

The Minnesota courts have significantly lessened the applicability of this defense.

According to the Newspaper.com, the Minnesota Supreme Court recently upheld the right of police to confiscate vehicles from owners who have done nothing wrong. The decision narrowed the applicability of an “innocent owner” defense in cases where a vehicle is jointly owned. The high court considered the case of David and Jean Margaret Laase whose then-brand new 2007 Chevrolet Tahoe was confiscated in 2006.

Continue Reading ›

Published on: | by

To help make up for lost revenue, more Michigan counties are seeing forfeiture of the cars driven by people arrested for DUI.  Will yours be next?

If the Oakland County Prosecutor has her way, then the answer may well be “yes.” Jessica Cooper has instructed her prosecutors to seek forfeiture for repeat drunk driving offenses.

Here is what the Royal Oak Daily Tribune had to say about it:

Continue Reading ›

Published on: | by

Michigan shares a rather large border with Canada and so it is very common for Michigan residents to travel to Canada for both business and pleasure.  Being convicted of even a single instance of drunk driving can complicate such travel.

According to an excellent  In and Out of Canada Article written by top DUI lawyer Wayne R. Foote:

Canadian inadmissibility is governed by the Immigration and Refugee Protection Act.  It states that a Michigan resident is inadmissible if he or she committed a single “indictable” offense.  This includes drunk driving.

Continue Reading ›