DUI Category Archives — Page 4 of 7 — Michigan Criminal Defense Lawyer Blog Published by Michigan Criminal Defense Attorney

Understanding and Defending a SCRAM Violation in Michigan

Published on: November 20, 2021 | by Michael Boyle

Note: what follows is a summary recapitulation of Michigan DUI Lawyer Mike Boyle’s CDAM presentation. Lawyers wishing to know more about how to defend an alleged SCRAM violation may wish to review these materials for more in-depth information:

Secure Continuous Remote Alcohol Monitoring, or SCRAM, is an alcohol monitoring tether that is used throughout the State of Michigan by courts, judges, and probation officers to monitor abstinence of defendants and probationers from alcohol consumption. There are mixed views regarding the use of SCRAM as a tool to assist in sobriety and for abstinence, but more concerning is the reliability and usefulness of this device.

What is a SCRAM?

Should Michigan Drunk Drivers Causing Death Be Forced to Pay Child Support?

Published on: November 15, 2021 | by Patrick Barone

As Michigan’s drunk driving laws have continued to evolve, the range and type of punishment upon conviction has continued to increase over time. In the 70s when DUI laws were just beginning to be taken more seriously by drivers, police, prosecutors, and judges alike, punishment was usually limited to a fine and points on the offender’s driving record.

In the 80s, the DUI laws of the 70s were being amended, and these amendments almost always included some new or increased penalty. Jail time began to be considered for repeat offenders and in those cases involving serious injury or death. Fines and costs began to increase, and a variety of driver license sanctions such as restricted driving and a suspension of driving privileges.

The 1990s ushered in a whole new slew of increasingly draconian DUI laws, and the current incarnation of Michigan’s DUI laws dates back to 1999. It was at this time that the definition of DUI changed in Michigan as well. Previously, an offender could be charged with OUIL, UBAL or both. Charges were frequently reduced to reckless driving or “OWI,” which prior to 1999 meant “operating while visibly impaired.”

Michigan DUI Attorney Michael Boyle Moderates Legal Seminar on Blood Alcohol Testing

Published on: October 18, 2021 | by Barone Defense Firm

Michigan drivers arrested under suspicion of intoxicated driving will have their bodily drug and alcohol levels tested by the police. When drugs including marijuana are suspected, a police officer will see if that distinct marijuana smell is present. Many OWI lawyers near me wrongly believe that DUI cases involving blood tests can’t be defended. The Michigan DUI lawyers at the Barone Defense Firm alcohol, the police will take and test a blood sample. The forensic method used for blood testing is considerably more complicated. Our law firm however believe that in some ways blood test cases are easier to defend. This belief is born out of a comprehensive knowledge about this complex scientific method.

To help other lawyers understand forensic blood testing in DUI cases, the Michigan Association of OWI Attorneys (MIAOWIA) periodically presents seminars on this topic. Barone Defense Firm founding criminal defense attorney near me Patrick Barone, and Partner Michael Boyle, were both closely involved in the creation of MIAOWIA, and Mr. Boyle currently serves as an officer to the group.

As an example of Mr. Boyle’s expertise as well as his commitment to helping other lawyers get better at defending Michigan DUI cases involving blood test evidence, in early October 2021, he served as a host, moderator, and presenter for the Michigan Association of OWI Seminar on Blood Alcohol. Mr. Boyle is an original member of MIAOWIA, which is membership dedicated to the education and training of attorneys throughout the State of Michigan in the complex litigation and representation of individuals charged with Operating Under the Influence of Alcohol and/or Drugs.

Can a MI DUI Be Expunged? New Law for First OWI Convictions

Published on: August 30, 2021 | by Ryan Ramsayer

Yes, a DUI Michigan can be expunged (set aside). If your DUI case is not expunged, it will stay on your criminal record for life. This is true of all DUI convictions, and this means your prior criminal history can be seen by potential employers. For many people, this is one of the most serious DUI penalties. Once your record is expunged, your past DUI charges will be removed from many public records.

Stipulations do exist when looking at getting your drunk driving conviction removed from your criminal record:

You can only have one OWI expunged in your lifetime

How Long Should a Marijuana User Wait Before Safely Operating a Car?

Published on: May 7, 2021 | by Patrick Barone

It can be difficult for a marijuana user to subjectively assess their level of impairment. Even worse, there is no way for a marijuana user to objectively evaluate their level impairment. So, after consuming marijuana medically or recreationally, how can a marijuana user make a safe decision about driving?

This uncertainty is what makes marijuana-related DUI charges in Michigan so complicated. You may feel fine to drive, but under the law, it’s not how you feel—it’s how your behavior is perceived and how well you can perform critical driving tasks. Unlike alcohol, where we have clear BAC limits, marijuana impairment is subjective and varies from person to person. That means two people could consume the same amount of cannabis, and one could be legally impaired while the other may not be—yet both could be arrested depending on how they appear during a traffic stop.

Before we get to that question, let’s do a quick review of Michigan’s OWI laws as it relates to drugs. In Michigan, you can be charged (and potentially convicted) if you are either impaired or intoxicated by alcohol, drugs, or any combination thereof. Specifically, Michigan’s OWI law references impairment or intoxication caused by alcohol, controlled substance or “other intoxicating substance.” See Michigan Compiled Laws Sec. 257.625.

Incarceration for Second Offense DUI Now Less Likely in Michigan

Published on: March 22, 2021 | by Patrick Barone

A new law in Michigan makes it somewhat less likely that persons charged with misdemeanor drunk driving, including first and second DUI offenses, will go to jail. This is because Public Act No. 395 of 2020, which was signed into law by Governor Whitmer on January 4, 2021, creates a rebuttable presumption against incarceration for most misdemeanor offenses, including most misdemeanor drunk driving offenses. The effective date of the new law is March 24, 2021.

The new law amends Michigan Compiled Laws Section 769.5. Subsection 3 of this law indicates that there is a rebuttable presumption that a person convicted of a misdemeanor will be sentenced to a fine, or community service, or some other non-specified non-jail and non-probation sentence. The only circumstances under which a sentencing judge may depart from this presumption is if they state on the record “reasonable grounds” for doing so. The term “reasonable grounds” is not defined.

The law also provides that if the offense in question is punishable by both a fine and imprisonment, the court can impose one but not the other, or both. However, if the court does impose both a fine and incarceration, or just incarceration, then as indicated, the Judge must articulate on the record reasonable grounds for doing so.

How Long After My Michigan DUI Arrest Will I Actually Get Charged?

Published on: October 12, 2020 | by Ryan Ballard

In some drunk driving cases you will immediately know that charges are being filed. For example, there was a traffic stop, field sobriety tests and a preliminary breath test (PBT), an arrest, and a subsequent breath test at the police station. Then, when you leave the police station you’ll have all the documents reflecting that you’re being charged with DUI.

In other cases, it might not be so clear. Some confusion may arise when a blood sample was taken as opposed to a breath test. In most DUI cases in which a blood sample was obtained, no formal citation issued at the time of the arrest. The same is true if you have one or more prior DUI offenses. Another reason you may not have received a ticket is you blow super-drunk at the roadside. In any of these cases you won’t leave the station with a ticket or any other document indicating you got a DUI, and you may wonder if you are actually being charged. This is because the police and prosecutor are waiting for the results of the blood sample to know which level, if any, of DUI crime they can charge. If you were involved in a case like this, you might be left wondering when you should hire an attorney.

How long will it take for me to find out whether charges will be filed?

What to Expect When You Plead Guilty to a Crime in Michigan

Published on: October 6, 2020 | by Patrick Barone

If you have been charged with a crime in Michigan, you will have to decide if you should plead guilty or go to trial. You should make this decision only with the assistance of your Michigan criminal lawyer near me, who can explain to you the advantages of the plea offer and contrast them with the advantages or disadvantages of trial. Once you’ve made your decision to plead guilty, your case will be set for a plea hearing. This is when the court will take your plea, and after which your case will be set for sentencing.

Prior to your court hearing you may be asked to review and sign a plea form. In federal court this is referred to as a Rule 11 agreement. Most, but not all, state courts also use written plea forms. When used, plea forms set forth the terms of the plea and usually include a recitation of any possible sentence. If yours is a state case, and there is a Cobbs agreement, then this sentencing agreement will also appear on the plea form. Your signed plea agreement will be provided to the court and the judge will confirm that your signature appears on this document.

As it relates to the plea hearing itself, there are two parts to any plea; the first is the advice of rights, and the second is the factual basis. With the advice of rights, the court’s primary interest is to confirm, through question and answer, that you understand all the constitutional rights you give up by pleading guilty. Most state district courts will use standard form 213, which you are often asked to sign at your arraignment. These constitutional rights include all your trial rights and include the following:

Can Drunk Driving be Charged as Murder in Michigan Where Death Occurs?

Published on: September 22, 2020 | by Patrick Barone

Can Drunk Driving be Charged as Murder in Michigan Where Death Occurs?

Whenever a death occurs at the hands of another, a prosecutor must decide how to charge the wrongdoer. In several Michigan cases involving intoxicated drivers where a death has occurred prosecutors have successfully charged murder. Generally, the appropriate charge is OWI causing death, which is punishable by up 15 years in prison. See MCL Sec. 257.625, et. seq. However, if a prosecutor can show that a driver had the appropriate mindset, then this charge can be raised to second degree murder, which is punishable by up to life in prison. See MCL Sec. 750.317.

Each crime is made up of elements, and an important element in a murder charge relates to the element of criminal intent. Consequently, in a murder case, the prosecutor will be focused on evaluating any evidence suggesting the wrongdoer’s state of mind, or what we lawyer’s call “mens rea.”

Michigan Drunk Driving Arrest Can Lead to Job Loss

Published on: September 15, 2020 | by Ryan Ballard

After a Michigan drunk driving arrest, the first thing on many people’s minds is: will I lose my job? A recent story in the Detroit Free Press details how for many, the unfortunate answer is yes.

As the article explains, a public safety director for a city in Michigan was placed on leave because of an Operating While Intoxicated (OWI) charge. Even though the case hasn’t concluded, the officer is already facing consequences for the OWI charge. The final “verdict” on this officer’s job status could depend not just on the result of the case but also how the officer handles himself before the case is finalized.

The Michigan DUI lawyers are the Barone Defense Firm always discuss this issue with clients immediately after they have retained the Firm. It is important to address this issue at the beginning rather than at the end of a case because getting ahead of the issue can help our client’s save their jobs. There are several things to consider including: