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Michigan Criminal Law Blog

Want to Get Your License Back after a DUI? Avoid These Five Things

DUI

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.

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DUI-OWI: The Top Four Apps to Download for your next Night Out

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.

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SCRAM Tether

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.

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Miranda Rights

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).

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