If you are a Michigan resident, you should be aware that the act of operating a vehicle enters you into an implicit agreement to submit to alcohol testing. MCL 257.625c dictates that any individual who operates a motor vehicle on a public highway or other place open to the general public or generally accessible to motor vehicles within the state is considered to have given consent to chemical tests of his or her blood, breath, or urine to determine if he or she has been using alcohol or another controlled substance in certain circumstances. These circumstances include if you are being arrested for operating while intoxicated or while visibly impaired.
Violations occur when an individual is arrested under one of the provisions cited in MCL 257.625c including operating while intoxicated and the driver has refused to submit to a breath test. Though it is not mandatory that you submit to a breath test, you should know that refusal is de facto an implied consent violation. Some individuals refuse under the assumption that it may help them avoid the primary charge including operating while intoxicated. However, the officer will almost always proceed to obtain a warrant to do the testing and the implied consent violation has already occurred.
An individual seeking to challenge the refusal violation must request a hearing within 14 days of the date of notice. Time is of the essence in these cases. The ramification of violating the implied consent provision is a one-year suspension of your operator’s license. Note that this applies only to the first refusal. If you refuse a second time within seven years of the first refusal, your operator’s license may be suspended for a period of two years. There may also be special ramifications if you have a commercial operator’s license.
There is an exception to the implied consent rule under MCL 257.625(c)(2) for individuals that suffer from hemophilia, diabetes or other conditions requiring the use of an anticoagulant which may justify the refusal to submit to a blood test. This defense should be raised by your attorney because an officer may neglect to include this information in his report thus subjecting you to punishment.
Losing your operator’s license has a severe impact on your life economically and socially. If you were arrested for operating while intoxicated or any of the other offenses cited in MCL 257.625c and refused to submit to alcohol testing, contact the attorneys at Garmo & Kiste, PLC. We have extensive experience handling cases in the Metro Detroit area, giving is the expertise necessary to handle these intricate cases. Contact Garmo & Kiste, PLC at (248) 398-7100 now for a free consultation or contact us with a private message.
Opening day is here and with it spring temperatures. While we all remember past opening days when it was chilling and people were anxious to head home early, this year it’s actually nice enough to be outside and even hit the bars after the game. However, police are active and in the area during opening day and are often writing an inordinate number of citations.
Have you been charged with urinating in public at the Tiger’s opening day? If so, you may be charged under the city ordinance, or state law. Detroit’s code Sec 28-9-2.0- Indecent exposure states that “No personal shall make any indecent exposure of his or her person in any public place.” MCL 750.335a states: A person shall not knowingly make any open or indecent exposure of his or her person or of the person of another. Violation of the section is a misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $1,000.00, or both. While both of these sound fairly ambiguous and like they are not a big deal, they actually have pretty serious consequences. You can end up on the sex offender registry unless these charges are successfully negotiated and reduced by an experienced attorney.
Have you been charged with a drinking and driving/DUI offense on opening day? Michigan law provides strict penalties for operating while impaired (OWI), operating while visibly impaired (OWVI), and OWI High BAC (HBAC Law), where your blood alcohol content is .17 or above. These are difficult charges to handle with an attorney, let alone on your own especially if it is not your first offense. You are looking at licensing ramifications, as well as potential jail time, court costs and fines. An experienced attorney can work to mitigate these penalties and protect your rights.
Finally, each year around this time we hear from people who have been charged with a Minor in Possession (MIP), open intoxication/public intoxication (public intox or open intox), or drunk and disorderly conduct. These are all misdemeanor offenses which can be negotiated with the city attorney or prosecutor to minimize the effect on your life. However, without an experienced attorney you risk jail time, a permanent criminal record, and high costs and fines. Our offices work with local prosecutors and city attorney’s every day and can work to get you the best deal available so you can go on to enjoy the rest of the season in peace. Contact Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or contact us with a private message.
In 2003 there were 340 deaths related to drinking and driving. The legislature acted to lower the BAC threshold for drinking and driving from .10 to .08. By 2011, drinking and driving related deaths had dropped to 253. The law lowering the limit was originally temporary. It would have reverted back to .10 on October 1st. The Senate unanimously voted to retain the .08 threshold. This was not entirely unexpected based on the relatively recent passage of the “Superdrunk” law. It seems the Michigan legislature aims to take a hard line with respect to drinking and driving offenses across the board. If you or someone you know is charged with a drinking and driving offense, it could have serious repercussions with respect to driving privileges and your criminal record. An experienced attorney can minimize this effect.
Can you get a dui for driving a lawn mower? Bloomfield Township Man’s Arrested for Drinking and Driving a Lawnmower
Late last month, a 47 year old man who had been drinking decided he had some pressing errands that couldn’t wait for him to sober up. Whether a lawnmower is Mr. Walton’s vehicle of choice, or he was trying to avoid drinking and driving is unknown, but he fired up his lawnmower to head to the store. Police spotted the lawn mower parked at a local store, observed him exiting and begin to drive it. Upon determining Mr. Walton was intoxicated the police pulled him over and he was promptly arrested for felony drinking and driving. As the original article notes “Michigan law doesn’t care whether it’s a lawn mower or a Lamborghini, if you drive a motor vehicle while intoxicated” you are subject to arrest for drinking and driving. Pursuant to Michigan law, any vehicle with a motor is covered. If you or someone you know has been charged with a drinking and driving offense of ANY kind contact Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.
If you have ever been pulled over and suspected of drinking and driving, you might know there are a series of tests officers administer prior to the BAC known as field sobriety testing. This can include walking heel to toe, saying the alphabet backwards, and or following an object with your eyes and not your head tests (HGN). While in the past I had thought this was only to see if you were able to directions, it turns out there is a biological reason behind the last test. If you have not been drinking (absent some major neurological disorders), your eyeball will pan across a landscape following object at a consistent pace. If you have been drinking though, it will jump from frame to frame across your field of vision. Think of it like the difference between a continuously variable transmission and stick gear shifting. As such, it is impossible to mask this biological reaction. On the other hand, the interpretation of this result is entirely up to the officer so there is very little way to independently confirm the officer’s findings. If you have gotten this far in the process though, there is probably other evidence that is sufficient to uphold your DUI absent extenuating circumstances. Very, very few DUI/OWI/OWVI/DWI offenses get overturned entirely. At this point, it is best for you to focus on minimizing the consequences through strong representation. An experienced attorney knows the ins and outs of metro Detroit courts, various judge’s proclivities, and can work to negotiate a lenient plea agreement and sentence for you.
What is Michigan’s BAC Limit? Recently the Michigan Legislature acted to prevent state BAC limits from reverting back to .10, keeping the limit at .08. To allow otherwise would have rendered Michigan ineligible for significant federal highway funding which is tied to the lower BAC limit. The National Transportation Safety Board issues safety regulations, many of which have become law. Their victories include lowering the limit to .08 in the first place, and raising the drinking age from 18 to 21. They have decided to make their next fight lowering the BAC limit again, this time to .05. Citing Australia and Ireland who have lowered their rates to .05, the NTSB states that the US is practically alone in having such a high BAC limit. They allege that Australia saw 8%-18% reduction in drunken driving deaths. That seems like a fairly large margin of error.
For your reference here is a map of BAC limits around the world.
It seems if this were really such a problem, we would be hearing a lot of anecdotal evidence of people being pulled over, breathalyzed, and blowing between .05 and .08. In our experience, this is pretty rare. Most clients who have been arrested for Drinking and Driving offenses blow at least a .10, plausibly because until that point of inebriation driving impairment is not often visible.
Understanding Alcohol Related Crime:
If there is one thing that makes Judges scared, it is the idea of having to explain to voter’s why they are perceived as being soft on drunk driving. The result is basically a competition to see who can be the toughest on drinking offenses. A secondary effect, is that in the legal world the social drinker seems to be becoming extinct. If you find yourself charged with an alcohol related crime, or dealing with an alcohol related driver’s license restriction the court is basically going to presume you have at least an alcohol problem, and more likely that you are a full-blown alcoholic. One problem that we see when people represent themselves is their initial and natural response is to try to disprove this presumption. When we represent someone we see this as an opportunity. The court is anxious to see you rehabilitated, and if we can work with this presumption, we can show the court through counseling, AA, and periods of sobriety that you are committed to staying sober and following the court’s instructions.
Navigating the legal world can be challenging if you are inexperienced, but an able lawyer can put their experience to work for you. Need help Understanding Alcohol Related Crime? call us at (248) 398-7100 for a free consultation or contact us with a private message.
While everyone who has received a drinking and driving ticket wants to get it dismissed, it is actually an extremely rare occurrence. Especially in Oakland County, the police and prosecutors have convictions down to a science and are unlikely to drop a case unless it is extremely weak.
Our office has been successful in defeating charges and has identified a few common factors. First, if the police stop was not legal you stand a much better chance of the charge being dismissed. Second, if you were not read your rights any information that came in after it would have been reasonable expected you would be read your rights is out. Thirdly, if you were not actually seen by the police driving your car it can be difficult for the prosecutor to prove beyond a reasonable doubt you were drinking AND driving. Finally, in some cases if your breath tests were performed in violation of the police’s own policies we may be able to argue they are invalid in rare circumstances.
If this does not describe your case though, don’t despair, we will still work to get you a good result. At this point our efforts will shift to sentencing, and plea negotiations. We can try to avoid you being subjected to extensive terms of probation, court costs and fines, and alcohol education and/or counseling sessions. So how can i get a get a DUI/OWI/OWVI/OUI Dismissed? call us at (248) 398-7100 for a free consultation or contact us with a private message.
Biomarkers are a blood protein that can be indicative of the not only the presence of alcohol, but also usage patterns, alcohol dependency, and relapse in the case of alcoholics. They can be identified rapidly and with a high level of certainty by a simple blood test. The only confounding factor yet identified is the presence of alcohol in household and personal hygiene items such as mouthwash or hand sanitizer. Previously labs could identify indirect residue of alcohol consumption based on effects primarily to the liver and other measures of body chemistry. These tests are direct as they test for analytes of alcohol consumption. They are therefore more reliable.
What does this mean for you? If you are on bond or probation, subject to alcohol testing, or required to be abstinent as a condition of your driving privileges the level of supervision you face may be about to go up. On the other hand, as the tests become more specific and fine-tuned, there is less of a chance of a false positive and could be used to your advantage. Currently probation officers and roadside tests use PBT testing, or at the very best the datamaster. PCT is notoriously unreliable and the datamaster may give rise to many implied consent violations for those who are unable to perform the test. An experienced attorney can work to get you off of probation faster, or to get a type on non-reporting probation so that you don’t have to submit to the uncertainty of drug testing, regardless of the procedure used.
So you got the dreaded Oakland County DUI, OWI, DWI, DWVI. While Macomb County and Wayne counties are somewhat more lenient with respect to DUI charges and sentencing, Oakland county is regarded as an extremely tough County. It is unclear why this may be the case, except that Judges must live in the district in which they sit. Oakland County has many cities that are perceived as young, hip, and fun places to go out and have a few drinks. Judges living in the county and seeing such behavior may feel the need to overcompensate to protect their own cities and families. Additionally, no Judge wants to be seen as “soft on drinking and driving” or risk the wrath of potential voters.
Unfortunately those who are charged in Oakland county pay the price. While a similarly situated Defendant in Macomb or Wayne County would be unlikely to do community service and would have fewer alcohol class requirements, an Oakland County Defendant is practically guaranteed to do at least community service and a significant amount of alcohol treatment programming. An experienced attorney in the tri-county area is familiar with these trends and the quirks of individual judges. We can work to ensure you get justice and to protect your rights. Ultimately we will force the prosecutor or city to prove their case against you, or work with them to get the charges against you reduced, modified, or even dismissed. When it comes to sentencing we can present factors that weigh in your favor to avoid jail time, court fees, and fines. When it comes to terms of probation we can try to get the shortest term, or the least invasive, whatever program can be successful for you. Due to the nature of Oakland county courts, it is very important to have an advocate when facing a DUI charge.
Our attorneys are regulars at metro Detroit courts, and are at Oakland County Circuit on a weekly basis. We know the judges, prosecutors and city attorneys who will be assigned to your case. We can put this experience to work for you and attempt to negotiate an early settlement saving you time and money.
Charged with a DUI / OWI / DWI / DWVI’s in Oakland County? To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.