Michigan Criminal Law Blog

Losing your license because of drunk driving can be one of the most devastating things to happen as a result of your arrest. The experience is even worse because the process of petitioning the court to get your license back after losing it can be so complex.

A drunk driving arrest can be an intimidating experience. This is especially true if this is your first DUI arrest or first arrest in general. You have no idea what to expect and the anxiety and frustration of your uncertainty can make a bad situation even worse.

Implied consent laws exist throughout the country, but slight variations exist from state to state.

If you’ve been accused of driving drunk you probably have a lot of questions. It can be one of the scariest, most frustrating experiences in your life. Here are a few of the most common questions asked by those arrested for OWI:

One of the most inconvenient and frightening penalties for those arrested for DUI or other traffic violations is the loss of driving privileges. Not only does losing your license make things difficult for you, not being able to drive can also interfere with other areas of your life.

It happens to even the most responsible drivers on the road: you decide to drive home after just a beer or two, confident you are under the legal limit and capable of driving safely. Often, things go as planned and you arrive home safely without incident, but unfortunately, sometimes things go awry and you find yourself staring into the accusing face of a police officer.

As of October 2010, anyone arrested for driving with an extremely high blood alcohol content in Michigan faces enhanced penalties. Essentially, the law distinguishes between someone who has had one too many drinks and attempts to drive versus drivers who are way over the legal limit and inarguably a threat on the roads. Because the “Super Drunk” law puts drivers at risk for serious legal consequences, it is essential anyone accused of driving while under the influence of alcohol seek legal counsel immediately.

Facing a DUI/OWI in Southfield, Michigan can be a difficult time. It is important to have your arrest reviewed by an experienced and knowledgeable Southfield DUI Attorney.

I am often asked by clients, friends and family what advice I can give if they are pulled over after they had been drinking alcohol.  I consistently respond that the best advice I can give is to avoid it.  Leave the car at home and find a sober friend to drive or call a taxi.

A simple traffic ticket in Oakland County may seem to be a situation where an experienced Traffic Ticket Defense Attorney is not necessary.  However, even the the most simple traffic ticket can lead to a substantial increase in your insurance premiums.  Often times clients decide to reach out to my office after receiving an increased bill from their insurance or after a second or third traffic citation.  Sometimes at that point there is little recourse available.

Many clients facing significant license sanctions will inquire about alternative transportation options.  This can be especially important in areas where public transportation is not widely available.  I have been asked on multiple occasions about the possibility of utilizing a Moped with a Moped License.  Unfortunately, for most individuals facing driver license sanctions, this is not going to be an option.

The Secure Continuous Remote Alcohol Monitor tether, otherwise known as a SCRAM tether, was designed to monitor defendants on probation to ensure that they refrain from consuming alcohol. The tether is fitted around the ankle and analyzes the offender’s perspiration for traces of alcohol.  Every thirty minutes a reading is sent through a modem in the person’s residence to central computer system.  If the data collected indicates an individual has exceeded more than one drink per hour (for an average person), the supervising probation officer is notified.

HYTA – Holmes Youthful Trainee Act (MCL 762.11 et)

Miranda Rights, as they are commonly referred to today, are the result of the 1966 Supreme Court case – Miranda v. Arizona.  In this case, the Court determined that when a suspect is put into police “custody,” he or she must be informed of their Fifth Amendment right to avoid making self-incriminating statements before being questioned.   If the police fail to advise the suspect of  their Rights, the involuntary statements made by the suspect are generally not to be admissible in a criminal case (and this includes any evidence that is discovered as a result of a statement or confession obtained unlawfully as well).

A Michigan OWI and Michigan Public Health Code License could mean additional responsibilities for an individual.  If a licensee is ultimately convicted, the individual has finite amount of time to report the incident to the Department of Community Health – Licensing Division.

A Michigan OWI and travel to Canada is one area of collateral consequences that is not often considered.  It appears that Canada’s Immigration and Refugee Protection Act, if you have been convicted of a crime, including Michigan OWI, you may be prohibited from entering Canada to visit, work, or immigrate. This prohibition, or “inadmissability,” seems to be discretionary, with the power to prohibit entry lying in the hands of Citizenship and Immigration Canada.

In 2010, the Michigan legislature passed the “Super Drunk Driving Law.”  The law essentially amended the previous Michigan drunk driving laws to increase penalties for drivers with a blood alcohol content (BAC) of .17 or greater.  Under the law, a first-time offender will face up to six months in jail, a fine of $200-700 dollars, and up to 360 hours of community service.  In addition, anyone convicted under the Super Drunk Driving Law will be required to attend one year of substance abuse treatment.  The changes do not impact second or third time offenders, as the penalties will be the same regardless of whether their BAC reaches the .17 threshold.