DUI Category Archives — Page 4 of 8 — Michigan Criminal Defense Lawyer Blog Published by Michigan Criminal Defense Attorney

What Happens to Drivers License After MI DUI Arrest?

Published on: January 1, 2022 | by Patrick Barone

Immediately upon your arrest for DUI in Michigan the arresting officer notifies the Secretary of State. This happens when the arresting officer destroys your plastic driver’s license and prepares a DI-177, which is entitled “Breath Blood or Urine Report Michigan Temporary Driving Permit.” This document becomes your paper license and you will use it to drive until you are convicted or until your case is dismissed. A DI-177 is only prepared if you agree to take a breath or blood test when asked by the arresting officer.

If you refused to submit to a breath or blood test then the officer will prepare a DI-93, which is entitled “Report of Refusal.” This too becomes your paper license but is only good for 14 days or until after you win your appeal hearing. Because you are not allowed to refuse a breath or blood test your license will be suspended for a year unless your Michigan DUI lawyer demands a hearing within this 14-day period.

Your Driving Record Shows Your DUI Arrest Even Before Conviction

Infrastructure Bill to Combat Drunk Driving by Requiring Alcohol Monitoring Technology

Published on: December 29, 2021 | by Patrick Barone

The bipartisan Investment Infrastructure and Jobs Act (IIJA) seeks to combat drunk driving by requiring all new passenger vehicles be equipped with Advanced Alcohol Monitoring Technology. The drive behind this section of the 2702-page IIJA was led by Michigan Congresswoman Debbie Dingell. MADD also played a significant role in the development of this law.

However, until now, their efforts have focused on requiring all first-time drunk driving offenders to use Breath Alcohol Ignition Interlock Devices (BAIID). The IIJA instead focuses on different type of technology and this technology will be required in all passenger vehicles, regardless of whether the driver has ever been charged with drunk driving.

Congresswoman Dingell and MADD’s combined efforts bore fruit on November 15, 2021, when President Joe Biden signed into IIJA into law. Section 24220 of the Act is entitled “Advanced Impaired Driving Technology” (AIDP) and requires that “drunk and impaired driving prevention technology” become standard equipment in all new passenger motor vehicles.

High BAC Superdrunk OWI and Child Endangerment on the Rise in Michigan

Published on: December 22, 2021 | by Patrick Barone

The number of High BAC Superdrunk OWI and Child Endangerment Cases are on the rise in Michigan. This is due to a variety of factors, including an increase in binge drinking among college educated, divorced or separated males, pandemic isolation and school closures.

One recent study published in Science News [i] suggests that between 2015 and 2019 binge drinking among men 65 and older increased by about 20% from 12.8 percent to 15.7 percent. The study suggests that binge drinking did not increase for older women during the same period. College educated women and separated or divorced men were both also at higher risk of binge drinking. The use of marijuana or tobacco increased risk of binge drinking for both men and woman alike. The study had a sample size of 18.794.

Another study, this one published by Journal of Environmental Research and Public Health, supports the proposition that the pandemic has had a great influence on the recently higher prevalence of both Super Drunk Driving and Child Endangerment OWI.

What Does Michigan Law Say About Jury Nullification?

Published on: December 15, 2021 | by Patrick Barone

The black letter law in Michigan suggests that juries have the power but not the right to exercise jury nullification.[i] Nevertheless, the practice of law is all shades of gray, and the arguments made by lawyers are often in the penumbras of black letter law.

For example, some Michigan cases have indicated that nullification may be argued where nullification is a recognized legal defense. Because a trial judge may exclude a defense attorney from presenting to the jury evidence supporting a defense that has not been recognized by the legislature[ii], the judge can preclude a lawyer from arguing for nullification.

This does not mean that the power of nullification can be taken away from the jury, and a judge cannot explicitly tell a jury that they are precluded from exercising jury nullification. In one Michigan case where a judge told the jury that jury nullification was inconsistent with the recognized power of the jury, the verdict of guilty was reversed.[iii] In support of their reversal, the court indicate that:

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.