Michigan Criminal Lawyer Blog

St. Clair County is located in the south eastern part of the thumb area of Michigan. It is the gateway county to the northern thumb and the Great lakes. It is known as the Blue Water Area. St. Clair County borders Macomb, Lapeer and Sanilac Counties and is just a short distance (across the Port Huron River via the Blue Water Bridge) from Sarnia, Ontario, Canada. The Blue Water Bridge is a major international crossing from Canada into the United States. Interstate expressway I-94 runs north and south through St. Clair County, I -69 runs east and west and ends in the City of Port Huron. M-29 is the highway that is located on the eastern shoreline of St. Clair County which takes you in and around the St. Clair River and Anchor Bay. Map of St. Clair County Link.

The eastern side of St. Clair County consists of shoreline on the St. Clair River, Lake Huron, Anchor Bay and Lake St. Clair. The major cities which border these bodies of water are Port Huron (the county seat), St. Clair, Marine City and Algonac. One can enjoy views on the river (freighters, Canada) in any of the cities along these shoreline cities.

Click this link for a live web-cam of the Port Huron River and the Blue Water Bridge.

Recreational attractions in this area include boating, hunting and fishing. The City of St. Clair would be my top pick for dining (Charly's River Crab, St. Clair Inn) or enjoying the charm of a small town with a large park area dedicated along the river. In 2012, more than 50,000 visitors are expected to attend the Blue Water Fest which occurs just prior to the Port Huron to Mackinac Race.

St. Clair County is well guarded and policed because of its international border with Canada and heavy recreational traffic. The courts in St. Clair County see a fair amount of cases associated with recreation violations, DNR violations, border crossing issues (on both the US and Canada side) and drunk driving cases. A drive along the winding highway of M-29 which meanders along the St. Clair River is not a place to be if you have had any alcohol or drugs. In some places, the road is only a matter of feet from the water. Unfortunately, a fair share of accidents and OWI cases occur on this road.

A traffic violation, drunk driving or criminal case (such as domestic violence, disorderly conduct, boating under the influence, drug crimes) in St. Clair County will wind up in the 72nd District Court in either Port Huron or Marine City:

72nd District Court (Port Huron)
201 McMorran Blvd.
Room 2900
Port Huron MI 48060

72nd District Court (Marine City)
2088 South Parker (M-29)
Marine City, MI 48039

The courts and law enforcement officers in St. Clair County tend to be protective of their communities. They have the responsibility of keeping order in an area which has an international border and hosts recreational activities which often involve alcohol. (Jobbie Nooner). Our experience in these courts has been positive. I find the Judges to be reasonable when it comes to first time offenders of criminal acts such as drunk driving, disorderly conduct or simple drug possession charges. Often, such an offender is looking at probation. If the offense involves a first time drug charge or the offender is age 17 but under age 21, a dismissal is possible special Michigan statutes (HYTA and MCL 333.7411).

The recent Court of Appeals case, People v. Koon (which can be read in its entirety here), illustrates how Michigan deals with drugged driving. Oftentimes clients are under the misguided impression that a prescription or a medical marijuana card offers them immunity from prosecution for operating a vehicle while intoxicated. However, Michigan law has two provisions to deal with this. For Schedule 1 narcotics (cocaine, heroin, ecstasy, for example) where there is 'any amount' of the illicit substance the driver can be convicted. Alternatively, impairment must be proven where a client is charged with driving under the influence of a prescribed medication.

The Koon case deals with 3 issues; 1) the 'any amount' provision of MCL 257.625(8); 2) Michigan's Medical Marijuana Act; and 3) marijuana that was ingested hours before the defendant operated the automobile. In this instance, the defendant had a medical marijuana card and had used marijuana five to six hours before driving his automobile. Nonetheless, marijuana's active ingredient THC, which can remain in one's system for weeks after it's ingested, showed up in Mr. Koon's blood. Both the District Court and Circuit Court held that the Medical Marijuana Act was a defense to the zero tolerance law. Unfortunate for Mr. Koon and other card holders, the Court of Appeals did not.

The opinion, which I recommend those visiting this blog take the time read (it's not too complicated), reasons that the Michigan Medical Marijuana Act does not carve out an exception to the 'any presence' law. The MMMA does not reschedule marijuana (it remains Schedule 1) and further specifically states there are no protections for those driving under the influence of marijuana. The issue may be taken up with the State Supreme Court in the future.

What are the takeaways from this case? Most specifically as it pertains to marijuana card holders, they remain at risk driving long after they ingest marijuana. The result does seem harsh given that THC can remain in one's system for weeks after it is initially used. Nonetheless, this seems to shed some light on the way Courts are interpreting that law. Further, this should serve as a reminder that the State does not take lightly to drugged driving. If you are being prosecuted for operating an automobile under the influence of any drug, a marijuana card or a valid prescription does not offer blanket protection. This is likely an issue that will continue to take shape in the Legislature and Court of Appeals over the coming years.

Michigan's "Super Drunk" law has been on the books since October 31, 2010. If you do not already know, this law imposes harsh punishment and license sanctions for anyone convicted of a drinking and driving offense in Michigan with a blood alcohol content (BAC) of .17% or greater. The noteworthy penalties for a "Super Drunk" or "High BAC" conviction are as follows:

• 6 points,
• $1,000.00 per year driver responsibility fee for 2 years,
• 1 year license sanctions as follows: 45 day hard suspension of license (NO DRIVING) followed by 320 days restricted license with ignition interlock upon approval by Secretary of State,
• Up to 180 days in jail,
• Any violation of the ignition interlock will result in additional mandatory license sanctions (another 45 day hard suspension followed by 320 days of restrictions.

Click for link to Michigan Secretary of State website for all drinking and driving penalties.

I never really liked the label "Super Drunk" based upon the simple truth that a person who consumes alcohol and has a BAC of .16% could be branded as a "Super Drunk" by consuming one more sip of a drink. Other factors which influence the BAC are metabolism and the passage of time. Females also tend to have higher BAC levels based upon same variables as men (body weight and number of drinks consumed).

Super Drunk or High BAC Clients Face Policy Against Plea Bargaining

Most counties now have a policy against reduction, or plea bargaining, of High BAC cases to lower drinking and driving crimes. However, we have handled several Super Drunk, or High BAC cases as I prefer to call them, since its passage in 2010. We have had success in avoiding a High BAC convictions in many cases where the factors are in our favor. Our consultations with clients charged with a drinking and driving offense includes: an analysis of the drinking and driving incident and detailed background of our client (education, employment, children, substance abuse history).

In my opinion, the ideal candidate for consideration of a plea bargain to a lesser offense (such as Operating While Intoxicated or Impaired Driving):

• Does not have a criminal record, especially involving drinking and driving,
• Was not involved in an accident, especially an accident involving injuries,
• Is willing to attend counseling before the court orders the individual to do so,
• Was cooperative with the arresting law enforcement agency.

Typical High BAC cases cannot be reduced without a policy deviation approved by the prosecuting attorney. A deviation request is made by exposing weaknesses in the case and by providing the prosecuting attorney with positive information regarding our client. When a deviation request is made, the case may take several court appearances before a response is obtained as to whether the deviation is approved or denied. If a deviation request is denied, the case can be set for trial or motion hearings to attack the traffic stop or other aspects of the case such as technical aspects of the blood alcohol testing equipment.

Selfridge Air National Guard Base (SANG) is one of the oldest military air fields in the United States. It is located in the Township of Harrison, County of Macomb and is situated on prime Lake St. Clair property. Approximately 6000 air and army national guard, as well as civilian employees, are employed and/or housed at the SANG base. There are numerous units assigned to SANG including the 127th Wing (Michigan Air National Guard), customs and border protection and the Coast Guard.

There are many SANG military personnel who are married, live on or off base, and are residents of a state other than Michigan. Our attorneys have represented SANG military personnel for numerous legal matters including drinking offenses (drinking and driving), domestic violence, assault crimes, drug crimes and retail fraud (shoplifting). Anyone in the military who is charged with a criminal offense faces special circumstances which we are prepared to defend. We understand that when a military person (reserved or enlisted) gets into trouble, he or she faces possible rank demotion, loss of security clearance and/or dishonorable discharge from military service upon conviction for a criminal offense.

When a military person becomes a client of our firm, we are aware of their special needs and potential consequences. Certain convictions may be detrimental to a military career. There are other ramifications such as travel restrictions and possible incarceration. When a drinking a driving (DUI or OWI) is charged, the issue may be less compelling and only involve the driver license sanctions for a non-resident. Our job is to identify the needs of our military clients and address these particular needs and concerns. For example, a recent client who was charged with domestic violence needed permission to travel out of the state and the country. The case was resolved favorably whereby the case will be deferred and dismissed after a period of probation. The Judge also granted permission for our client to travel out of state and out of the county.

Upon being retained, we ask our military clients to obtain documentation and references which may include:

• Civilian and Military Achievements, Medals, Deployments
• Letters of Recommendation
• Counseling Report
• Deployment Orders

Our goal is always to avoid a conviction or seek a result that will not jeopardize our client's future with the military. Our results include cases which are dismissed, reduced or dismissed after a period of advisement. Unfortunately, drinking and driving cases are rarely dismissed outright. However, we are usually able to have the charges reduced, avoid jail and obtain permission to travel upon transfer or deployment.

Our firm approaches criminal cases involving military personnel quietly, discreetly and with diplomacy. Fortunately, I have found the prosecutor's, law enforcement and the courts in Macomb County to be sensitive to those that are serving their country.

What is EtG?

Ethyl Glucuronide (EtG) is a metabolite of beverage alcohol (ethanol), which means that it is used by the body to break down alcohol in the system. According to the drugtestingnetwork.com, the presence of EtG is a conclusive sign of recent alcohol consumption.

What is an EtG Test?

The EtG test, which can be implemented by a Court for a variety of reasons, is able to detect alcohol in a person's system when a standard breathalyzer is not sufficient. Ethyl Glucuronide is detectable for up to 80 hours after an individual stops drinking, but can vary depending upon the person's metabolism and the amount of alcohol that was consumed.

The EtG Testing Process (provided by uatests.com, a testing facility)
EtG testing is a process similar to other lab-based drugs of abuse testing. The following steps are typically followed:
Step 1: A chain of custody form is completed
Step 2: The subject voids into a standard collection cup. The temperature of the urine is checked, using a temperature strip on the collection cup, to assure it is a valid sample.
Step 3: A urine specimen syringe device is used to collect a sample of the urine.
Step 4: The syringe device, and related paperwork are sent to the lab. This is easier, cleaner and less expensive than sending a bottle of urine.
Step 5: The test samples are shipped to the lab. The most economical and effective method of getting your sample to the lab will depend on your location.
Step 6: Results are typically reported within three days of receipt at the lab.

Why is the EtG test ordered?

Individuals on probation for a criminal offense are sometimes subjected to random alcohol testing, which dictates that they blow into a portable breathalyzer. This test will only show the alcohol (ethyl alcohol) which remains in the bloodstream and is expelled as vapor from the lungs. Therefore, this test will only give information on whether or not the individual has drank alcohol within hours of taking the test.

Under certain circumstances the Court will order an EtG test for someone who is prohibited by law from consuming alcohol, based on an alcohol-related offense (usually drunk driving). The test is also used to screen for drinking problems, intervention evaluation, employment purposes and to motivate changes in drinking behavior.

Is the EtG Test reliable?

According to the Substance Abuse and Mental Health Service Administration, the EtG test is inaccurate and may actually be unreliable. The SAMHSA discusses the test's sensitivity to even small amounts of alcohol that can be present in daily-use items. Examples include hand sanitizer, hair spray, laundry detergent, aftershave and even some cosmetic items. The information provided in the SAMHSA advisory notice led the U.S. Department of Health to deem the test "experimental". The EtG test can produce positive results when an individual is simply exposed to any number of products which contain ethanol.

Despite EtG testing's scientific unreliability, the test continues to be widely-used across the country. For this reason, our law firm is against the use of EtG tests.

In Michigan, a common sanction by both the courts and the Secretary of State is the required installation of an interlock ignition device on the defendant's (or petitioner's) automobile. Colloquially referred to as a 'blow and go', these devices can be a tremendous headache for those required to install them. In our experience, there are a number of situations where these devices are compelled to be installed on our clients' vehicles. These scenarios include;

- A 'superdrunk' conviction,
- Certain drunk driving convictions with aggravating circumstances,
- As a mandatory condition of a restricted license upon a successful license appeal,
- And certain crimes which may have resulted from an underlying drinking problem.

1) What is an interlock ignition device?

The cell-phone sized device is installed so it connects to an automobile's ignition system, usually inside of the glove compartment. After installation, the driver is must blow into the device before the car will start.

2) Where can these devices be installed and how much do they cost?

Many locations in Southeast Michigan offer install services for the ignition interlock device:

American Interlock 800.580.0504
Michigan Interlock, LLC 888.786.7384
National Interlock Service 888.294.7002
New Horizon Interlock, Inc 800.597.5054
Smart Start Michigan 888.234.0198

Prices vary from company to company, but range from $50 to $200, based upon the make and model of the car. The device also holds a monthly rental fee, which can be as high as $100.00.

3) How do these devices work?

According to igntioninterlockdevice.org, the driver blows about 1.5 litres of air into the device, which is located on the car's dashboard. Drivers can also be subjected to "rolling tests", which require the driver to use the device once the car is moving. If the driver fails one of these "rolling tests" the device sounds a warning, which may consist of flashing lights or honking horn and will sound until the ignition is turned off (the ignition will not automatically shut off while moving). Each device contains a computer chip, which requires monthly downloads. The information is sent to the overseeing court and analyzed for blood alcohol content levels as well as attempts at tampering with the device.

4) When required by the State in a driver's license restoration case, what will result in a violation?

The State of Michigan has divided violations into two main categories:

Minor Violations

-After the trial period, the driver fails three start-up tests (car will not start)
-If the driver fails to have the device serviced within 7 days of his/her scheduled date

Major Violations

-Failure of a "rolling test", which is either failing to take the test when prompted or the result is greater than 0.25% and a subsequent sample is greater than 0.25%
-An arrest or conviction for drunk/drugged driving
-Tampering with the Blood Alcohol Ignition Interlocking Device
-Circumventing the device, by allowing a passenger to blow into the device
-Three minor violations within the monitoring time (required time for device to be installed)
-Removing the device without having it re-installed within 7 days (unless Secretary of State approves)
-Operating a vehicle without a properly installed device

In the State of Michigan, a minor violation will result in a three-month extension before another driving license appeal can be requested. Major violations will cause the original driver's license revocation to be immediately reinstated, which means the driver will no longer be able to operate any vehicle, even with an ignition interlock device installed.

5) Are these devices reliable?

Despite widespread implementation of ignition interlock devices many have doubts as to their reliability. Significant issues arise out of false positive results, which could be caused be a number of daily-use products. They include mouthwash (because of its minimal alcohol content), some medicines, and even some beverages.

The intention of this post is to give you a brief overview of what to expect if you are being charged with Operating While Intoxicated (OWI) arising out of the 18th District Court in the City of Westland. The 18th District Court is presided over by the Honorable Judges Sandra Ference Cicirelli and Mark A. McConnell. Based on our firm's experience, the 18th District Court will treat you fairly and your case will be handled efficiently. By treated "fairly", we mean that if you are a first offender whose OWI is reduced to the lower offense of Operating While Visibly Impaired (OWVI), the Court's sentence will be reasonable as I will explain. When I say that a first offense will be handled "efficiently", we mean that your case can be handled in 1 court appearance if it is resolved by way of plea bargaining under certain circumstances. However, if motions are filed or your case is scheduled for trial, there will be other necessary proceedings. This blog will focus on the vast majority of cases which are resolved by way of a plea bargain.

When charged with a crime, our firm will consider all of the evidence and make recommendations to our clients as to the best course of action. In reality, the vast majority of criminal offenses and drunk driving cases are resolved by means of plea bargaining. When representing a client charged with an OWI who does not have a good case for trial, our law firm typically has three goals;

-Get the charge reduced, typically to an "Operating While Visibly Impaired" (colloquially referred to as an "OWVI" or simply an "Impaired");

-Avoid jail time; and

-Minimize the length, terms and conditions of probation.

Discussed in other blog posts, most drunk driving cases do not make great cases for trial. Presumptive evidence of intoxication is established by a valid traffic stop, failed roadside sobriety tests, and Blood Alcohol Content (BAC) results of .08% or greater. For that reason, we usually fight to secure the lesser charge of Impaired Driving and seek recommendations from the prosecuting authority for sentence leniency. The merits of the Impaired Driving charge have also been discussed at length in our previous blog posts. Generally, an OWI which is reduced to OWVI is less points, saves our clients $1,000.00 in driver responsibility fees, involves a shorter period of action against one's license and does not involve any mandatory period of license suspension before issuance of a restricted license.

In most other courts, the process to resolve a drinking and driving offense requires at least 3 court appearances which include pretrial conference, substance abuse assessment and sentencing. However, the 18th District Court will endeavor to handle the entire case on the same date. It is our experience that getting to the 18th District Court by 8:00 a.m., knowing our Client's case and being prepared to advocate with the prosecutor are essential for a case to be resolved in the efficient manner which I have described compared to cases which languish for several months and require multiple stressful Court appearances.

At the time of sentencing, the Court will determine the extent and terms of probation along with fines and costs. The maximum term of probation for a first offense Impaired Driving is 2 years. In our experience, first time offenders for Impaired Driving should expect 12 months probation in the 18th District Court. Probation may be reporting (to a probation officer) or non-reporting. Non-reporting probation is preferred and is less intrusive upon one's daily routine. The 18th District Court will normally allow time to pay fines and costs. However, in a recent case handled by our firm, the Court said that our client's reporting probation will be converted to non-reporting probation after payment of fines and costs.

Well, December has never been a month where business is slow at the shopping malls or at our law firm. December is the month when people get out of their routine. What I mean is that many tend to drink more, spend more money, drive more frequently and have greater periods of time with family members. Existing drinking problems, substance abuse, depression, strained relationships and financial troubles are put to the test during the holiday season. All of these situations can lead to criminal problems such as drunk driving, retail fraud and domestic violence.

As a Macomb County criminal defense lawyer, I consider myself sensitive to the needs of our clients during the holidays. What can you say when someone gets charged with retail fraud (shoplifting) who has no employment or suffers from depression? While I do not condone criminal activity, I am just saying that people are people and I do not sit in judgment of those who are less fortunate or troubled. I have found that the Judges in Macomb County to be reasonable with those who have no criminal record but find themselves charged with retail fraud under various circumstances including financial hardship. In these cases, our attorneys are able to negotiate a plea bargain to have the case dismissed after a period of probation and conditions which may mean attending an economic crime class. This is true for clients that we have represented throughout Macomb County.

The holiday season is also a time of parties and gatherings which invariably involve alcohol. I have represented my share of teatotallers and social drinkers who have one too many at a holiday house party and wind up being charged with drunk driving. This can happen to anyone who has a few drinks and gets stopped by the police a few blocks from home. I cannot count the number of clients that I have represented for drunk driving who are pulled over in their own subdivision or even while pulling up in their own driveway. In Michigan, a person is considered legally drunk if his blood alcohol content (BAC) is .08% or greater regardless as to whether or not the person was actually intoxicated. To make matters worse, Michigan has passed a super drunk law making it a more serious crime if the blood alcohol content is .17% or greater. Sobriety is not a defense to a charge of Operating While Intoxicated (OWI or DUI) or Super Drunk. Various drink/weight index charts provide an approximate blood alcohol content (BAC) which can be helpful for anyone considering a few drinks before driving. The best advice that I can give is to have NONE FOR THE ROAD since the BAC charts are only an approximation and do not take individual tolerances into consideration; Even one drink can create misunderstandings in the eyes of the law if an accident occurs and someone is injured or dies.

Lastly, our attorneys see a fair amount of domestic violence cases during the holidays. Again, too much togetherness with the family and awkward social gatherings may be outside of the comfort zone. Emotions run high and money worries, existing depression along with substance abuse can come full circle which sometimes leads to arguing, fighting or domestic violence. A person who is charged with domestic violence may be removed from the home (no-contact order) and be unable to spend the holidays with family. The need for family counseling and a lawyer could not be greater under these circumstances. Our attorneys will try to schedule an expedited hearing with the Court to remove the no-contact order whenever possible. Removal of the no-contact order will require the consent of the spouse. In addition, our firm has had numerous domestic violence charges dismissed under a special provision of Michigan's domestic violence laws.

All of the above situations can occur anytime of the year. At our firm, we never pass judgment on anyone and welcome the opportunity to provide guidance to our clients faced with personal and legal problems.

Driving under the influence of alcohol can be ascertained by measuring a person's blood alcohol content (BAC). If a person's BAC is .08% or greater, he or she is considered to be "per se" or legally intoxicated. If the BAC is .17% or greater, the person may be charged as a "super drunk" pursuant to Michigan law making it a more severe crime for having a high blood alcohol content.

On the other hand, driving under the influence of prescribed drugs is not a per se or strict liability offense and must be proven by the testimony of the police officer regarding the conduct of the accused. In this regard, the police will obtain a blood sample to determine the presence and level of analogue(s) and/or other substances. In many cases, the person may have mixed the prescribed analogue drugs with one or more alcoholic beverages or marijuana. In addition, the police will assess a driver's ability to perform field sobriety tests (FST) which are designed to test a driver's balance and motor skills. Police may ask a driver to perform tasks such as walking heel-to-toe in a straight line, standing on one leg, or reciting the alphabet backwards.

A valid prescription is not a defense for someone who operates a vehicle while impaired or under the influence of analogue drugs (OUID). However, a prescription coupled with evidence of a person's sober conduct and driving ability can be presented as a defense.

A person convicted of operating a vehicle while intoxicated due to analogues (OUID) or alcohol (OWI) faces the same penalties under Michigan laws. For a first offense of OUID, the maximum penalties are:

• 6 Points
• License suspense for 180 days with restrictions after 30 days
• Driver Responsibility Fee of $1,000.00 per year for 2 years
• Maximum Fine of $500.00, plus court costs
• Probation for up to 2 years
• Up to 360 hours of community service
• Vehicle Immobilization for up to 180 days
• Up to 93 days in Jail
• Mandatory Substance Abuse Evaluation
• Possible Substance Abuse Counseling and Random Testing

Defending Operating While Intoxicated - Analogues, Prescribed Medications

There may be legal grounds for a dismissal or reduction to careless driving on the basis that the medications were taken as prescribed and did not cause the individual to be impaired or under the influence. A person who has taken medications as prescribed may defend the charge on the basis that the medications did not diminish his or her ability to operate a motor vehicle. In such cases, an aggressive defense attorney will obtain the police reports, video of the traffic stop and gather witness statements of those that could testify as to the behavior and sobriety of the accused during the time frame prior to the traffic stop. In addition, A charge for operating under the influence of drugs (OUID) may be plea bargained to the lower charge of operating while impaired which involves lesser penalties.

Almost every week a very familiar scenario plays out in our office. A client will come in, sit down for a consultation, and discuss with us the facts of his or her license revocation history. Many times it will be the instinct of one of our Firm's attorneys that the client had a winnable case. However, the catch is that they didn't win, and in many instances have created a mess for themselves that will take years, literally years, to unravel. Why didn't this client win?

Oftentimes it is because they appealed their license revocation unrepresented, assuming that it was a simple and straightforward procedure. Further, it is often assumed that the hearing officers will summarily rubber stamp petitioners with a license after they wait their year. This is very much not the case. License appeals are substantively and administratively complex, and oftentimes become unmanageable for people who do not retain the assistance of an attorney. The stakes are high, losing an appeal typically results in an additional year revocation. Moreover, any inconsistencies stated in an initial hearing will come back to haunt the petitioner in future hearings. Losing a DLAD appeal means that the petitioner will have to continue asking friends and family for rides, or risk breaking the law and driving without a license. Beneath are some common mistakes that petitioners make when appealing their revocations without the assistance of counsel.

Procedural Mistakes

The DLAD has strict procedural guidelines for filing these appeals. Often unrepresented petitioners will miss deadlines, file the wrong documents, or fill out documents/background letters incorrectly. When you have a case with strong facts (IE over one year of demonstrated sobriety) it is a waste to wait an additional year because of a procedural mistake.

Substantive Mistakes

Without counsel, petitioners will often make substantive mistakes. Most commonly, petitioners who have not met the one year of mandatory sobriety will disclose that they have consumed alcohol in the last 12 months. We always counsel clients to wait that year, and will assist them in finding programs and counselors to assist them with their sobriety. Further, unrepresented petitioners tend to get nervous, and put inconsistencies on the record because they buckle under the pressure. A first hearing is intimidating, and that pressure can often cause a petitioner to lose his or her cool, become mentally unorganized, and forget vital dates - thus making a winnable case a loser.

Our Program for Getting You Back On the Road

Our law firm has a comprehensive program for getting petitioners back on the road. From our initial consultation we look at all the facts and organize them to avoid both procedural and substantive mistakes. Our firm has appeared on hundreds of license appeals and has a streamlined process for gathering and filing the documents, thus eliminating confusion on behalf of the client. Further, in our representation we include a mock hearing where you and one of the Abdo Law attorneys will go through the questions that will be asked at the hearing. The goal is to reduce anxiety and eliminate as much as possible the element of surprise in the hearing room.

MYTH #1: Underage drivers cannot be charged with a DUI unless they are above the legal limit.

FACT: False! Underage drivers on the road with ANY presence of alcohol may be charged with a drinking and driving crime. This type of charge is known as a zero tolerance. Repercussions can be severe, including;

- 30 day driver's license suspension,
- $125.00 reinstatement fee,
- 4 points on master driving record,
- Community service,
- Court fines,
- Probation,
- And state fees of $500.00 for 2 years.

Repeat offenders typically face stiffer penalties. This includes a longer license suspension, additional fees, and additional points. Further, when underage drivers are above the legal limit they can be charged with an OWI. OWI's, as we have explained in detail, can be onerous in terms of the subsequent fines, punishment, and probation.

If you find yourself as a minor being charged with a drinking and driving offense seek legal representation. Our office has specialized in drinking and driving crimes for over 30 years. With each of these cases we always seek a sentence that is most favorable for our clients. Our office will always fight to eliminate jail time and advocates terms of probation that will be manageable for our clients. Do not let these cases linger, retain aggressive legal assistance and fight the charges.

MYTH #2: You can only get charged with an MIP for drinking alcohol.

FACT: False! Mere possession alcohol is sufficient to be charged with an MIP. Further, you can be charged with an MIP for transporting alcohol in your car (even if it's the passenger's). The meager act of holding a beer without taking a sip is sufficient for someone to be charged with a MIP. Further, we would like to remind you that the following is illegal;

- Allowing an intoxicated person to use your vehicle,
- Purchasing alcohol for anyone under 21,
- Providing a fake identification to anybody under the age of 21,
- Allowing minors to use alcohol in your home,
- And providing alcohol to minors.

Once again, we recommend anyone being charged with an MIP retain the help of an attorney. Especially when it is a first offense, our office usually can procure an arrangement where the charge will come off the client's record. With these cases we aim to preserve the records of our young clients, keep them out of jail, and minimize any terms of probation.

This blog will focus on first offense drunk driving (DUI) cases which our firm handles extensively in all of the district courts in Macomb County, Michigan including the 38th District (Eastpointe), the 39th District (Roseville, Fraser), the 40th District (St. Clair Shores), the 41-A District (Sterling Heights, Shelby Township, Macomb Township, Utica), the 41-B District (Clinton Township, Mt. Clemens, Harrison Township), the 42-1 District (Romeo, Washington Township) and the 42-2 District (New Baltimore and Chesterfield Township).

A life can spin out of control the moment a police officer says, "you are under arrest for drunk driving." For most of our clients that are charged with drunk driving (OWI or DUI), it will be the first time that they have seen the inside of a jail cell. This experience alone will be traumatic and stressful. Upon being released from jail, the person will be given certain documents which include: ticket, temporary license, bond receipt and data-master printout with breath test result (usually a pink form). A person may need to get his or her vehicle out of impound unless there is a hold on the vehicle because of an accident or subject to forfeiture. A person charged with drunk driving should contact an attorney after taking care of immediate needs such as going home, getting some rest and having something to eat.

Our attorneys are involved with drunk driving cases in Macomb County just about every day. This means that we are either attending a court hearing in one or more district courts, talking to someone on the phone or meeting with a new client at our office. We are often able to make predictions about the outcome of drunk driving cases in Macomb County as well as other jurisdictions where we actively practice including Oakland County, Wayne County and the Grosse Pointe Courts.

Here are just a few questions that we ask when we get a new drunk driving phone call:

1. Where was the arrest (Clinton Township, Warren, Sterling Heights, Grosse Pointe, Troy)?
2. Who was the arresting agency (Michigan State Police, Macomb County Sherriff Department, Roseville Police Department)?
3. Why did the police stop the vehicle (speeding, weaving, accident, defective equipment)?
4. What was the data-master or chemical test result?
5. If the person refused the data-master breath test, did the police get a search warrant for blood?
6. Were any other passengers (possible witnesses) in the vehicle?
7. The number of drinks consumed and the time frame that they were consumed (7 drinks in 3 hours)?
8. When did the person stop drinking before operating a vehicle (quit drinking at 2:00 a.m., left the bar at 3:00 a.m., stopped by police at 3:30 a.m)?

There are other concerns, questions and issues which we address in the early stage of a drunk driving case including: whether the vehicle is being seized or forfeited, whether the person has a prior criminal record or drunk driving convictions, whether the person has a substance abuse problem or whether their was an accident involving damage to property or a personal injury.

In part 2, I will discuss the Court process for first offense drunk driving cases .

Most drunk driving (DUI or OWI) cases in Macomb County are resolved without trial. The vast majority of first offense drunk driving (DUI or OWI) cases can be negotiated to the lower offense, such as operating while impaired, unless there are policy reasons which prohibit the prosecuting attorney from plea bargaining.

Our attorneys will be able to review the police reports and discuss various options with our clients such as trial and deviation requests for charge reductions. When a client is charged with a high blood alcohol drunk driving for obtaining a chemical test result of .17% or more (High BAC or Super Drunk), is involved in an accident or has a prior record involving substance abuse, there are legal maneauvers which we will explore to get the case under control.

Court Process and Possible Sentence Conditions for First Offense Drunk Driving (DUI or OWI)

1. Arraignment: You are required to appear unless advised by your attorney that arraignment is waived. At arraignment, the court will advise you of the charges, set your next court date and impose bond conditions which may include random alcohol testing or alcohol monitoring.

2. Pretrial Conference: For misdemeanor charges, a pretrial conference is scheduled and a plea bargain may be negotiated or your case set for trial.

3. Substance Abuse Evaluation: You will be interviewed regarding your substance abuse history and a report will be prepared and provided to the Judge at the time of sentencing.

4. Sentence: The following possible penalties can be imposed by the Court at sentencing:
-Fines and Costs: $800.00 - $1,500.00 (due at the time of sentencing)
-Police/municipal response costs may be due to the city or township
-Maximum Probation Term: Up to 2 years for misdemeanor (reporting or non-reporting)
-Substance abuse counseling, random testing for drugs and alcohol
-Vehicle immobilization, vehicle forfeiture
-Community Service
-Up to 93 days in Jail for OWI or Impaired Driving, Up to 180 days for Super Drunk

In general, the District Courts in Macomb County do not impose jail time for first offenders convicted of a drinking and driving offense. In many cases, our firm has been able to advocate for non-reporting probation. If there is a probation violation, the Court can impose any remaining jail time for a maximum of 93 days for OWI or Impaired or 180 days for Super Drunk. A probation violation can occur if a person receives a new criminal charge, fails to attend counseling or fails a random test.

Mandatory State of Michigan Sanctions for First Offense Drunk Driving

Super Drunk (High BAC .17% or more): License Action: 45 days suspended, 320 days restricted with ignition interlock device, $2,000.00 driver's responsibility fee, 6 points.

Operate While Intoxicated (OWI or DUI): License Action: 30 days suspended, 150 days restricted, $2,000.00 driver's responsibility fee, 6 points.

Impaired Driving (OWVI): License Action: 90 days restricted, $1,000.00 driver's responsibility fee, 4 points.

License Restrictions, Limitations: When one's license is restricted, driving is limited as follows:

-To and from residence and employment, and during employment;
-To and from alcohol or drug education or treatment program;
-To and from regularly scheduled treatment for serious medical condition;
-To and from probation, community service and school.

Other Important Information:

-Driver License revoked minimum of 1 year for 2 drinking and driving offenses within 7 years or 3 offenses within 10 years.
-A person may be charged with a felony for 3 lifetime drinking and driving offenses..
-If you refused the chemical test (implied consent refusal), you must file for a hearing or your license will be suspended for 1 year! You have limited rights to appeal a suspension based upon implied consent refusals.
-If your BAC is .17% or greater, an OWI can be amended to Super Drunk prior to final disposition or plea.

Fleeing and eluding or resisting and obstructing the police are felony offenses in Michigan. The crux of these offenses is to discourage conduct that would endanger the public and police who are engaged in the lawful performance of their duties such as pulling over a motor vehicle or effectuating a lawful arrest. Our firm has seen an increase in fleeing and eluding cases, as well as resisting and obstructing cases, in Macomb and Oakland Counties. I attribute a lot these cases to situations where the offender is afraid or acting on an impulse due to alcohol or drug use. Other cases involve offenders who have something to hide, have a pending warrant, have drugs in their possession or are driving on suspended license (DWLS) or under the influence (DUI).

Fleeing and Eluding: Pursuant to Michigan Law, the typical fleeing and eluding offense involves a person who fails to pull over and stop his or her motor vehicle after being signaled to do so. At a minimum, the person in this situation can be charged with fleeing and eluding fourth degree which can carry up to 2 years in prison. See ">Macomb Daily Article, Clinton Township Man arrested for trying to flee police, beer and pot found in car. the offense of fleeing and eluding can carry several years in prison if an accident, injury or death occurs.

Resisting and Obstructing: This offense can be charged when an individual assaults, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties. Resisting and obstructing is a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both. The penalties are enhanced if an injury or death occurs.

If you ever get pulled over or arrested, it is best to cooperate. By cooperate, I mean that you should be polite and provide your identification upon request. You should never abscond or attempt to argue or fight with the law enforcement officer. The officer may ask for you to make a statement. Pursuant to the 5th Amendment (right to remain silent), we recommend that you should kindly advise the officer that you do not want to make any statement without first speaking with a lawyer.

In addition to the above, you are required by law to disclose your CCW permit upon being pulled over by the police. The police really get freaked out when they discover that they were questioning someone who has a firearm in his or her possession. The best way to protect yourself in this scenario is to produce your driver's license and your permit to carry a weapon and say, "officer, I have a permit to carry a firearm and I have a gun in my vehicle or on my person."

It is always better from a criminal defense attorney point of view when the police report says that the offender was cooperative.

According to Wikipedia, on September 10, 1897, George Smith, a London taxi driver, was the first person to be convicted of drunk driving.

DUIL, DUI, OUIL, OUI, OWI, OWVI, OWPD, UBAL: What do they all mean? Whenever we meet with a new client that is charged with drunk driving, we invariably engage in explaining the numerous abbreviations which are commonly used on the streets, in the courts and by lawyers. Whenever the words drunk or intoxicated are used, we are referring to the offense of drunk driving. The offense of impaired driving is a lower offense but still goes on the record as a drinking and driving offense for all licensing and insurance purposes. The penalties for these offenses vary depending upon the circumstances and prior record of the offender. The Michigan Department of State website has more information regarding the offenses and penalties for these offenses.

Drunk Driving Abbreviations Commonly Used In Michigan

DUIL: Driving Under the Influence of Liquor
DUI: Driving Under the Influence
OUIL: Operating Under the Influence of Liquor
OUI: Operating Under the Influence
OWI: Operating While Intoxicated (Current Law)
OWVI: Operating While Visibly Impaired (Current Law)
OWPD: Operating With the Presence of Drugs (Current Law)
UBAL: Unlawful Blood Alcohol Content

DRUNK DRIVING: One can be charged with drunk driving if his ability to operate a vehicle is substantially and materially impacted by the consumption of alcohol or drugs. In this scenario, the prosecutor would have to prove that the person charged was intoxicated or had .08% or greater blood alcohol content or the presence of certain drugs. Under prior drunk driving laws in Michigan, a person had to caught "driving" a motor vehicle. The "D" in DUIL or DUI is the abbreviation for driving under old Michigan drunk driving laws. More recent laws were passed which made it unnecessary for the person to be caught driving a motor vehicle. Courts and lawmakers amended the law to only require that the person charged with drunk driving be caught "operating" the vehicle. Thus, a person who is not driving but merely in a parked vehicle with the keys in the ignition while playing the radio can be said to be "operating" a vehicle. The abbreviations were changed to OUIL and OUI with the "O" signifying operation.

IMPAIRED DRIVING: Impaired driving means that your ability to operate a vehicle was visibly impaired. Under prior laws, the abbreviation of DWI was used which meant Driving While Impaired. Under current law, the offense is called Operating While Visibly Impaired or OWVI.

UNLAWFUL BLOOD ALCOHOL CONTENT, OPERATE WITH PRESENCE OF DRUGS: The offenses of OWPD and UBAL are statutory offenses which do not require that the offender is intoxicated but only that the offender has a blood alcohol content of .08% or greater or the presence of certain illegal drugs.