Articles Posted in Alcohol and Drug Crimes

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District-Courts-Macomb-Map

MACOMB COUNTY DISTRICT COURT MAP 

The 42-1 District Court is located at 14133 33 Mile Road, Romeo Michigan 48065

The 42-1 District Court’s physical jurisdiction covers 180 square miles in northerly Macomb County which includes the City of Romeo, Washington Township, Armada, Richmond, Memphis, Ray Township and Bruce Township. The 42-1 District Court, also called the ‘Romeo Court’ has jurisdiction over more land mass in Macomb County than any other district court. Judge Dennis Leduc is the presiding judge of the 42-1 District Court. The 42-2 District Court, also known as the ‘New Baltimore Court‘, covers the remainder of the 42nd District.

Here are a few things that you should know if you are charged with a DUI, traffic ticket or criminal charge in the Romeo Court:

  • All fines and costs are due on the date of sentence with few exceptions.
  • Alcohol and drug testing is used extensively.
  • All DUI cases are referred for a substance abuse evaluation.
  • Most criminal cases require a probation interview prior to sentencing.
  • Drug crimes and other crimes will be considered for deferrals where dismissals can be earned after a period of probation. This is discussed in more detail below.

There are several police agencies within the 42-1 District Court jurisdiction. The Macomb County Sheriff’s Department has the largest presence in the northerly region of Macomb County. Other law enforcement agencies within this jurisdiction include the Romeo Police, Richmond Police and the Michigan State Police North Post.

The northerly region of Macomb County, is a blend of rural and suburban living. It is also experiencing economic expansion at every level. Expansion is most notable in Washington Township which is on the southerly border of the 42-1 District.  The very essence of expansion equates to an increase in population, retail development and added traffic volume.

Criminal Cases in the 42-1 District Courts: Provisions of Law to Get Dismissals Available!

Our firm has represented clients charged with just about every imaginable misdemeanor and  felony crime in the 42nd District Courts in Romeo and New Baltimore. The following is list of some of the most prevalent cases that we regularly see on the 42-1 District Court docket:

 The 42-1 District is a conservative district.  Judge Leduc runs a tight ship and his Court is run very efficiently.  Judge Leduc likes to see the presence of family members in the courtroom and will ask for their input regarding those that appear before him.

Getting out on bond, bond conditions: If you are arrested or arraigned on a criminal matter in the 42-1 District Court, you will appear either before a magistrate or judge.  Insofar as possible, it is always advisable to have an attorney present for arraignment purposes. An attorney can make a considerable difference at an arraignment hearing by advocating for a personal bond (where no money needs to be posted) or a for a low cash/10% bond arrangement. In addition to the cash component of bond, the Court can also impose bond conditions upon a person’s release from jail. Drug and alcohol testing are common bond conditions for those charged with any crime involving drugs or alcohol. A ‘no-contact order‘ is assured in assault cases, domestic violence, sex crimes and all other crimes involving a victim. In retail fraud cases, the accused party may be instructed to refrain from entering the establishment where the alleged shoplifting occurred. A motion for a hearing can always be filed to modify bond conditions, remove a no-contact order or eliminate travel restrictions.

Misdemeanor or Felony Classification: In Michigan, the district courts have full jurisdiction to dispose of misdemeanors through sentencing. A misdemeanor is classified as an offense that carries up to 1 year in jail.  Felony cases are another matter. A felony is classified as a crime that can carry more than 1 year in jail. A felony case is initiated in the district court for the arraignment, probable cause conference and preliminary examination. A felony that is not resolved in the district court will be moved to the circuit court for further proceedings. In certain cases, a felony can be reduced to a misdemeanor and can remain in the district court. Accomplishing reduction of a felony to a misdemeanor, thus avoiding a felony conviction, is considered a huge victory.

The outcome of a criminal case in the 42-1 District Courts, as well as other Macomb County District Courts, is dependent upon many components.  The most significant factors that can have a bearing on the disposition of a case are:

  • Prior criminal history of the accused party.
  • Cooperation with the police.
  • Whether another party was injured, or property was damaged.
  • The ability of the accused party to provide restitution for damages to the injured party.
  • Whether the offense is a ‘policy case’ (crimes against senior citizens, children

We have utilized each of these special provisions of law in the 42-1 District Court which can result in a dismissal of a criminal matter:

Even individuals that have a prior criminal record will be given respect and consideration for plea deals to get a dismissal under certain circumstances.

Drunk Driving Cases in the 42-1 District Court

1st offense drinking and driving:  For most first time drinking and driving (and drugged while driving) offenders, jail is not likely absent some other aggravating circumstances. A person without any prior drinking and driving offenses can expect to get an OWI reduced to ‘operating while impaired’. It is extremely difficult and rare, but not impossible, to get a drinking and driving offense reduced to a non-criminal offense. In addition to probation, a person convicted for a first drinking and driving offense (operating while impaired) is looking at:

  • Probation for 1 year or less
  • Fines and costs approximately $1,200.00
  • Restricted license for 90 days
  • Attend an alcohol or substance abuse program (discretionary)
  • Possible drug testing, alcohol testing, AA meetings (discretionary)
  • 4 points on driving record

Super Drunk Driving: If a person is charged with Super DUI (BAC .17 or greater) a deviation may need to be filed to get a plea bargain to a lower offense. Super DUI convictions will result in mandatory license suspension for 45 days followed by a restricted license for a period of 320 days with the requirement of a vehicle breathalyzer ignition interlock device (BAIID). The Court can also order installation of an ignition interlock system on any vehicle driven by a person convicted of any drinking and driving offense.

Repeat DUI Offender: A repeat drinking and driving offender may be looking at a longer period of probation, up to 2 years, with the possibility of some jail time.  There are many steps that we can recommend to those charged with a repeat offense to reduce the likelihood of incarceration in almost every Macomb County court.

Third Lifetime DUI = Felony: DUI 3rd is a felony/with a maximum penalty of 1-5 years in prison.  Felony matters begin in the district court and can remain in the district court for purpose of sentencing and probation if reduced to a misdemeanor. Felonies that are not resolved in the district court are handled in the Circuit Court after the probable cause conference or preliminary examination. We evaluate every DUI 3rd for opportunities to get it reduced to a misdemeanor by filing strategic legal motions, negotiations and filing a deviation request.

The 42-1 District Court Probation Department: 14133 33 Mile Road, Romeo Michigan 48065

The 42-1 District Court has its own probation department located in the courthouse.

It is within the judge’s discretion whether to place an individual on probation after being convicted of a criminal or drunk driving offense. In many cases that qualify as isolated incidents, we may be able to convince the judge that probation, also known as community supervision, is not necessary. When probation is imposed, the judge may require reporting or non-reporting probation.  The maximum period of probation that can be imposed in the district courts is 2 years. However, our experience is that probation is rarely imposed for more than 1 year for most first-time offenders.

Traffic Violations in the 42-1 District Court: Reduced to Avoid Points and Record of any Conviction!

Several police agencies have an active presence monitoring the activity of vehicular traffic within the jurisdiction of the 42-1 District Court.  Like other district courts in Macomb County, I would say that traffic tickets are on the top of the list of types of cases that are litigated at the 42-1 District Court. When resolving a traffic matter in the 42-1 District Court, we are often able to negotiate a reduction or avoid points. A substantial reduction in a traffic ticket occurs when it is reduced to an offense such as impeding traffic or double parking. A traffic ticket that is reduced to impeding traffic or double parking does not carry any points and will never appear on a person’s driving record! We are also able to get favorable results for individuals charged with misdemeanor traffic offenses such as driving while suspended, reckless driving and leaving the scene of an accident. Unfortunately, most individuals that receive a traffic ticket do not hire a lawyer and wind up with a record and points that will have an impact on insurance premiums for several years. The path of least resistance, paying the ticket, can be much costlier in the long run.

Court Personnel are Forbidden to Give Legal Advice: Yet most courts are making it easier than ever to just pay your traffic ticket by visiting the court’s website and giving offenders the convenient option to pay by credit card.  What they won’t tell you on their website is that you will get points on your driving record and that you may will wind up with higher insurance premiums for several years. Unfortunately, most individuals that receive a traffic ticket do not hire a lawyer. The path of least resistance, paying the ticket, can be much costlier in the long run.

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St. Clair County borders Macomb, Lapeer and Sanilac Counties and is just a short distance (via the Blue Water Bridge) to Sarnia, Ontario, Canada. There are several recreational attractions in this area, major events (Port Huron to Mackinac Race, Port Huron Float Down, Jobbie Nooner) and many that choose to live in St. Clair County because of its charm and proximity to the St. Clair River and Lake Huron. If you are charged with a crime, get in trouble at the border (Blue Water Bridge or ferry crossing) or are caught driving under the influence (DUI, OWI)  in St. Clair County, your case will be heard at 72nd District Court with locations in Port Huron and Marine City.  The 72nd District Court bench are protective of their communities.

Google Maps Link for Directions to 72nd District Courts

The 72nd District Court has 2 locations in St. Clair County with jurisdiction to handle criminal and drunk driving matters which occur in this region.

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

St. Clair County Serviced by State, Local and Federal Law Enforcement Agencies

There are several active law enforcement agencies in St. Clair County (St. Clair County Sheriff’s Department, Michigan State Police, Department of Natural Resources, Homeland Security, US Coastguard, US Customs) which have the responsibility of keeping order in an area with an international border with Canada, miles of waterfront property and that hosts recreational activities which often involve boating, crowds and alcohol.

72nd District Courts: Resolution of Criminal & Drunk Driving Cases in Court with Jurisdiction for the Entire County of St. Clair

Dealing with any court proceeding can be an intimidating experience without the guidance of an attorney. By saying the wrong thing without proper representation, you could end up having your case scheduled for jury trial and miss an opportunity to get out of the system.  If you find yourself in this position, getting experienced attorney is crucial to navigate you through the maize of options in the judicial system.

Our firm has represented clients charged with just about every imaginable misdemeanor and  felony crime in the 72nd  District Courts. The following is list of the most prevalent cases that we regularly see on courts’ dockets:

Getting out on bond, bond conditions: If you are arrested or arraigned for a criminal matter in the 72nd District Court, you will appear before either a magistrate or judge.  Insofar as possible, it is always advisable to have an attorney present for an arraignment hearing to advocate for a personal bond (where no money needs to be posted) or a for a low cash/10% bond arrangement. In addition to the cash component of bond, the Court can also impose bond conditions and restrictions which can include: travel restrictions, no-contact order, drug and alcohol testing. A no-contact order is assured in domestic violence, stalking, assault and sex crime cases.

Misdemeanor or Felony Classification: In Michigan, the district courts have full jurisdiction to dispose of misdemeanors through sentencing. A misdemeanor is classified as an offense that carries not more than 1 year in jail.  Felony cases are another matter. A felony is classified as a crime that can carry more than 1 year in jail. A felony case is initiated in the district court for the arraignment, probable cause conference and preliminary examination. A felony that is not resolved in the district court will be moved to the St. Clair County Circuit Court in Port Huron for further proceedings. In certain cases, a felony can be reduced to a misdemeanor and then remain in the district court. Accomplishing reduction of a felony to a misdemeanor, thus avoiding a felony conviction, is considered a huge victory.

The outcome of a criminal case in the 72nd District Courts is dependent upon many components.  The most significant factors that can have a bearing on the disposition of a case are:

  • Prior criminal history of the accused party.
  • Cooperation with the police.
  • Whether another party was injured, or property was damaged.
  • The ability of the accused party to provide restitution for damages.
  • Whether the offense is a ‘policy case’ (crimes against senior citizens, children)

All these special provisions of law are possible in the 72nd District Courts which can result in the ultimate dismissal of a criminal matter:

Non-Resident or Canadian: If you reside outside of Michigan, consider getting an attorney that is experienced with the 72nd District Court system and will provide you with efficient representation.

High Number of Drunk Driving Cases in the 72nd District Courts

Based upon 2016 statistics, the St. Clair County Sheriff administered 118 breath tests and 86 blood tests for operating under the influence of alcohol or drugs. The Port Huron police were in second place with 107 breath tests and 43 blood tests. Blood tests are administered to determine the presence of drugs, as a primary test for alcohol in lieu of a breath test or court ordered when a party refuses to give a breath sample. From a total of 354 tests reported by these police agencies (not including other agencies from Clay, Marysville etc.), 131 tests registered a blood alcohol content (BAC) of .08 or greater (OWI) and 108 test results scored a BAC .17 or greater. Operating with a BAC of .17 or higher constitutes a more serious offense commonly referred to as Super Drunk Driving.

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ESTIMATION OF BLOOD ALCOHOL CONTENT (BAC)

1st offense drinking and driving:  For most first time drinking and driving offenders, jail is not likely absent some other aggravating circumstances in the 72nd District Courts. A person without any prior drinking and driving offenses can expect to get an OWI reduced to ‘operating while impaired’. It is extremely difficult and rare, but not impossible, to get a drinking and driving offense reduced to a non-criminal offense. In addition to probation, a person convicted for a first drinking and driving offense (operating while impaired) is looking at:

  • Probation for 1 year or less (non-reporting is possible)
  • Fines and costs approximately $1,200.00
  • Restricted license for 90 days (mandatory by Secretary of State)
  • Possible alcohol or substance abuse program
  • Possible drug testing, alcohol testing, AA meetings
  • 4 points on driving record (mandatory by Secretary of State)

Super Drunk Driving: If a person is charged with Super DUI (BAC .17 or greater) a deviation may need to be filed to get a plea bargain to a lower offense. Super DUI convictions will result in mandatory license suspension for 45 days followed by a restricted license for a period of 320 days with the requirement of a vehicle breathalyzer ignition interlock device (BAIID). The Court can also order installation of a BAIID on any vehicle driven by a person convicted of any drinking and driving offense, not just a Super DUI.

Repeat DUI Offender: A repeat drinking and driving offender may be looking at a longer period of probation, up to 2 years, with the possibility of possible  jail time.  There are many steps that we can recommend to those charged with a repeat offense to reduce the likelihood of incarceration in the 72nd District Courts

Third Lifetime DUI = Felony: DUI 3rd is a felony/with a maximum penalty of 1-5 years in prison.  Felony matters begin in the district court and can remain in the district court for purpose of sentencing and probation only when reduced to a misdemeanor. Felonies that are not resolved in the district court are moved up to the St. Clair County Circuit Court after the probable cause conference or preliminary examination.

Felony cases are evaluated on a case by case basis in the early stages to determine whether a legal course of action can improve the prospects negotiating a reduction to a misdemeanor.

Court Personnel are Forbidden to Give Legal Advice: Court employees will not tell you if you are eligible to get a criminal charge or drunk driving reduced to a lower offense.  If you plead guilty without a lawyer, you will not be told that the matter could have been handled with a special provision of law to get it dismissed. The path of least resistance, pleading guilty without a lawyer, can be much costlier in the long run.

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‘Fleeing & Eluding’ and ‘Resisting or Obstructing’ the police are crimes that are classified as felony offenses in Michigan. These laws are meant to discourage conduct that endangers the public and the police who are engaged in the lawful performance of their duties. Our firm has seen an increase in fleeing and eluding cases, as well as resisting and obstructing cases, in Macomb and Oakland Counties. There are many reasons that are given by clients charged with these offenses. Some of the most prevalent reasons are as follows:

  • The offender is under the influence of alcohol or drugs, or a combination of both, and engages in risky behavior or irrational conduct.
  • The offender suffers from psychological disorders (PTSD, bi-polar disorder, ADHD), needs treatment or had an adverse reaction to medications.
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A Qualified DUI Lawyer Should Know the Law and the Science

Qualified DUI lawyers know the laws and the science that can make the difference in the defense of a DUI case. On the legal side, there are hundreds of complex laws, administrative rules, rules of evidence and trial procedure that are involved in the defense of a DUI case. An understanding of the science requires a working knowledge of alcohol and drug interaction with the body.

In this publication, we key in on aspects of the law and the science that comes into play with respect to DUI testing.

Michigan’s Implied Consent Law: Testing for drugs or alcohol if suspected of operating under the influence

Under Michigan’s Implied Consent Law, all persons with a Michigan driver’s license are considered to have given their consent to submit to testing upon the request of a law enforcement officer. Blood, breath or urine chemical tests are utilized to determine blood alcohol content (BAC) or the presence of drugs. Positive test results for illegal drugs, marijuana and prescribed medications are all fair game to support a charge of “operating under the influence of drugs” or “operating while impaired”.  Commonly, the police utilize the breathalyzer to determine a person’s BAC. If a person is extremely inebriated or incapacitated, a blood draw at a medical facility is often utilized and also to allow for medical treatment and detoxification if deemed necessary.

Michigan’s Implied Consent Law pertains to the chemical test offered by the police when you are arrested for a drinking or drugged while driving offense, such as:

  • Zero Tolerance for those Under Age 21 Operating with a BAC of .02 – .07
  • Operating while Intoxicated (OWI), BAC .08 or more
  • Operating with a High Blood Alcohol Content – BAC .17 or more (Super DUI)
  • Operating with any Presence of Drugs (OWPD) (cocaine, heroin, marijuana)
  • Operating Under the Influence of Other Drugs, including prescribed medications
  • Operating while Impaired

Michigan Drunk Driving Laws make the offenses of Zero tolerance (.02-.07), OWI (.08 or more) and Operating with a High BAC (.17 or more) presumptive crimes whereby intoxication is presumed based solely upon blood alcohol content, regardless of actual intoxication.

Search Warrant for Blood Test: If you refuse the chemical test offered by the police, the police may obtain a search warrant for a blood test. If a search warrant for blood is approved, you will be transported to a facility, such as a hospital, for a blood draw by a qualified person.

Your Right to a Second Test: If you take the test offered by the police, you are entitled to request a second test of your own choosing and expense. This right to a second test of your choice is forfeited if you have refused the test offered by the police. In some cases, a second test may be used as evidence to refute the first test obtained by law enforcement officers.

Sanctions for Refusal: If you refuse a test, six (6) points will be added to your driver record license will be suspended for one year. A suspension of a license, or non-resident operating privilege, is automatic for any refusal to submit to the test. This is a separate consequence from any subsequent convictions resulting from the traffic stop or drinking and driving charge. If you are arrested a second time in seven (7) years and again unreasonably refuse the test, six (6) points will be added to your driver record and your license will be suspended for two years. If you refuse to take the test under the Michigan Implied Consent Law, or if the test shows your BAC is 0.08 or more (Operating While Intoxicated) your Michigan driver’s license will be destroyed by the officer and a 625g paper permit to drive will be issued until further action by the State of Michigan as to your license.

Appeal Rights: The Implied Consent suspension may be appealed to the Driver Assessment and Appeal Division (DAAD). The request for hearing must be mailed within 14 days of the date of arrest or your operator’s or chauffeur’s license and vehicle group designation or operating privilege will be automatically suspended without a hearing. You are entitled to have an attorney present for this hearing. However, if you lose at this hearing, you have a right to appeal a first time implied consent suspension to the circuit court where the offense occurred and request a restricted license based upon hardship and need. You may also appeal based upon the merits of the decision of the DAAD hearing officer.

The Science of Blood Alcohol Content: Consumption, Absorption and Elimination

Both math and chemistry are at play in the determination of blood alcohol content (BAC).  Alcohol consumption is the first step in the process of alcohol entering the human body.  After taking a drink, alcohol first enters the digestive system. From the digestive system, it is absorbed into the blood. The process of elimination occurs over time whereby alcohol is dissipated from the blood. Alcohol absorption and elimination are influenced by several factors including weight, sex, metabolism, medications and consumption of food. For purposes of calculating blood alcohol content (BAC), most graphs consider a standard drink to be equal to:

  • Wine: 5 ounces with 12% alcohol content
  • Beer: 12 ounces with 5% alcohol content
  • Liquor: 1.5 ounces with 40% alcohol content (80 proof)

Alcohol testing (in connection with DUI cases) is accomplished by testing the blood, breath or urine of an individual. Analysis of blood is a direct method of testing for alcohol, while breath and urine tests are indirect methods. Alcohol graphs take three (3) major factors into consideration for purposes of estimating blood alcohol content (BAC). Those factors are number of drinks (based upon the above measurements) the body weight and the gender of the individual.

Gender: In general, women have less body water than men of similar body weight, so the result is higher concentrations of alcohol in the blood after drinking. In addition, women have a higher concentration of body fat than men. Body fat does not absorb alcohol, which results in a higher concentration of alcohol in the bloodstream as well.

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Absorption: The process of alcohol being absorbed into the blood from the digestive system can occur over a period of 30 to 60 minutes but can take up to 2 hours. The recent consumption of food prior to drinking alcoholic beverages can slow down the rate of absorption. In addition, the absorption rate is faster when higher alcohol content beverages are consumed.

Elimination: Like absorption, time is the major factor which has an influence on the elimination of alcohol from the blood. The average elimination rate for most drinkers is .010 to .015 per hour. Consumption of water does not have an impact on the elimination rate of alcohol. Ninety (90%) of alcohol is broken down or eliminated by the liver. The remainder is eliminated by breath, sweat and urine.

CLICK HERE: For additional information on the topic of alcohol absorption and elimination.

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Map of Lake St. Clair, St. Clair River, Detroit River and Bordering Communities

Lake St. Clair, Detroit River, St. Clair River 

In Michigan, operating a watercraft, including a jet ski, while intoxicated or impaired is a crime. Michigan laws pertaining to Boating under the Influence (BUI) or Boating While Impaired (BWVI) are similar to drunk driving laws which pertain to operation of motor vehicles of public roads. In particular, the State of Michigan has adopted the same blood alcohol content threshold for BUI that has existed for OWI in a motor vehicle (BAC .08%). This publication will focus on Boating Under the Influence (BUI) cases that arise on Lake St. Clair and its tributaries; the St. Clair River and the Detroit River. This publication is based upon the experience of our Macomb County criminal defense attorneys handling BUI cases in all of the jurisdictions that are evident in the above map (Macomb County, St. Clair County and the Grosse Pointe Municipal Courts.

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Super Drunk Driving = Operating with a High BAC .17 or Greater 

Effective October, 31, 2010, Michigan’s “SUPER DRUNK” law went into effect.  The Super Drunk Law, now on the books for several years, is commonly referred to as ‘operating with a high BAC’ on police and court documents.  This law adds harsher penalties to drunk drivers with high blood alcohol levels of .17% or greater as follows:

  • Up to 180 days in jail.
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Blood alcohol content (BAC), Michigan State Police Statistics

Blood alcohol content (BAC) refers to the amount of alcohol which is estimated within a person’s blood as determined by a blood alcohol test.  Blood tests and breathalyzer tests are the most common methods for testing BAC. The Michigan State Police maintains statistics with respect to BAC testing, DUI convictions, average BAC levels and the number of convictions for those charged with a DUI offenses.  The statistics are further broken down for each county and each district and circuit court. In 2016, the Michigan State Police Drunk Driving Audit revealed the following statistics for those who submitted to a breath or blood test in Macomb County:

  • 2,182 tests were administered for breath or blood samples (breath tests accounted for 1,404)
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windsor-tunnel-sign.jpgWe have received a barrage of inquiries lately regarding the law which makes someone “criminally inadmissible” in the country of Canada with a drinking and driving conviction according to Section 19 (2) (a.1) of the Immigration Act of Canada. The law applies to foreigners (United States Citizens) who cross the Canadian border for work, education or recreation.

Persons convicted of drinking and driving (Operating while Intoxicated or Impaired) are considered “criminals” in Canada regardless as to whether it is a first offense or one which does not involve any injury or damage to property.

Criminal Inadmissibility: Ten Year Ban From Crossing the US Border into Canada

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Since September 30, 2003, the legal limit for operating while intoxicated in the State of Michigan has been .08 per cent or greater. Prior to that time, the legal limit was .10 per cent or greater.

According to a report on WXYZ, the legal limit of .08 percent reverts to .10 percent in October 2013 unless lawmakers in Lansing rule otherwise. Mother’s Against Drunk Driving (MADD) is lobbying to keep Michigan’s blood alcohol content law at .08 percent for individuals who operate a motor vehicle. The report headline is, “MADD calls on lawyers to keep Michigan’s BAC law at .08 percent to prevent drunk driving“. According to Republican Rep. Andrea LaFontaine of Columbus Township, Michigan must maintain its .08 percent law to avoid violating federal drunken driving standards and continue receiving federal funding. The .08 limit was adopted in every state as part of an initiative during the Clinton administration by the National Highway Traffic Safety Administration.

It is my opinion that Michigan will retain the BAC legal limit of .08 percent.

A person who is not physically impaired or drunk can be convicted of OWI or Super Drunk!

Under Michigan law, a person is considered to be Operating While Intoxicated (OWI) or drunk driving, if he or she has a BAC of .08 per cent or greater, regardless of actual intoxication. If the BAC is .17 percent or greater, the charge is upped pursuant to Michigan’s High BAC law, also known as Super Drunk Driving. Therefore, a person can be charged and convicted of drunk driving, or Super Drunk Driving, even though the person was not impaired or drunk!

How is blood alcohol content determined?

The blood alcohol content is determined by one or more tests. The most popular test is the breath test. A common instrument to obtain a breath sample is the Datamaster. The Datamaster operator must follow complex instructions or there may be grounds to suppress the test result.

What are the consequeneces for refusal of a breath test or chemical test to determine BAC?

There are consequences when a person refuses a test to obtain his blood alcohol content pursuant to Michigan’s Implied Consent Law. A first time refusal of a chemical test will result in 6 points and license suspension for 1 year. In addition, a search warrant for a blood sample may be obtained by the police when a person refuses the chemical test offered by the arresting agency.

Are BAC charts accurate?

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From a legal standpoint, no amount of alcohol should be consumed prior to the operation of a motor vehicle. However, there are many drink/weight index charts on-line that give an estimated BAC. In addition, a portable breath test can be obtained from many sources. Again, any consumption of alcohol can be a risky proposition and is not recommended prior to the operation of a motor vehicle.

How much does a drunk driving case cost?

Here is an estimated range of fees and costs upon conviction for a first offense drunk driving:

-Attorney Fees: $2,500.00 to $25,000.00 (depending upon motions, trials, deviation requests)
-Fines/Costs: $800.00 to $2,000.00 -Driver Responsibility Fees: $1,000.00 to $2,000.00
-Substance Abuse Assessment: $150.00 -Probation Oversight Expenses: Up to $1,200.00 ($50.00 per month for max of 2 years)
-Insurance: (See Link) $3,000.00 to $6,000.00 per year for 5 years -Alcohol Counseling: $1,000.00 -Other Possible Costs: Vehicle immobilization, costs of prosecution, municipal/police response costs, vehicle forfeiture
It is imperative that a person charged with drunk driving retain a lawyer as soon as possible. An experienced lawyer will often know when a drunk driving conviction can be avoided or what action needs to be taken to get the best results and avoid many of the harsh consequences associated with a drunk driving conviction.

The ABDO LAW FIRM has been actively representing clients charged with drunk driving in every Macomb County court since 1980.
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Many of our blogs explore criminal and drunk driving issues within the realm of our law firm’s expertise. Others are about the Courts where we frequently practice law. This blog is about the 42-2 District Court in the City of New Baltimore where we regularly provide legal services to our clients who are charged with criminal and OWI cases arising out of New Baltimore, Chesterfield Township, New Haven and Lenox Township.

The 42-2 District Court, located in the City of New Baltimore, has posted a list of possible fines and costs for various crimes. The list also contains a warning as follows: ALL FINES AND COSTS ARE DUE AT THE TIME OF SENTENCING, WE DO NOT GIVE TIME TO PAY. This warning is followed by strong language that failure to pay fines and costs will result in jail time.

42-2 District Court Drunk Driving Range of Fines and Costs

The approximate range of fines and costs for a first offense Operating While Intoxicated (OWI) or Impaired Driving (OWVI) in the 42-2 District Court is from $500.00 to $1,000.00. For a second drinking and driving offense, the range jumps to $1,000.00 to $2,500.00. This does not include other costs such as probation oversight expenses, substance abuse screening, driver responsibility fees, police/municipal response costs, random testing and substance abuse counseling. The driver responsibility fee for OWI is $1,000.00 per year for 2 years and for $500.00 per year for 2 years upon conviction of Impaired Driving. Based upon my experience, Judge Hackel yields to the low side of the range for fines and costs with respect to drinking and driving cases compared to many other courts.

42-2 District Court Partial List of Fines and Costs for Misdemeanors and Drunk Driving

  • OWI, IMPAIRED First Offense $500.00 – $1,000.00
  • OWI, Impaired, Second Offense $1,000.00 – $2,500.00
  • Driving while License Suspended $300.00 – $500.00
  • Domestic Violence $300.00 – $800.00
  • MIP and Open Intoxicants $200.00 – $500.00
  • Disorderly Conduct $200.00 – $500.00
  • Possession of Marijuana $200.00 – $800.00
  • Retail Fraud $200.00 – $800.00

Again, the above range for fines and costs does not include probation oversight expenses, restitution to any victim, driver responsibility fees, evaluations, police/municipal response expenses and other possible costs.

I would also like to add that our firm can often have many of these listed crimes dismissed whenever a client is eligible for a delayed sentence or a first offender program. For example, our firm handled a retail fraud case for a client who did not have a prior record. The case was dismissed after a short period of non-reporting probation after the client paid only $300.00 fines and costs. We have had similar results in other cases involving domestic violence, disorderly conduct, possession of marijuana, youthful offenders (age17 to 20) and other criminal offenses.

An attorney cannot ethically guarantee a result in a criminal case. However, I have found that some Judges will consider a person’s financial circumstances when imposing fines and costs. In addition, our firm has been able to advocate that an impoverished person be allowed to provide community service to defray fines and costs in extreme cases.

Judge Hackel is a Judge that will listen to a lawyer’s arguments and be willing to give someone an opportunity to have a case dismissed upon compliance with terms of probation. He is a concerned and reasonable Judge that wants to see a person improve his or her life. However, like other Judges in most jurisdictions where we practice, he is not likely to be sympathetic if someone violates probation.

The 42-2 District Court has jurisdiction over the following municipalities: New Baltimore, Chesterfield Township, New Haven and Lenox Township. Judge William Hackel III is the presiding Judge for the Court which is located at 35071 23 Mile Rd New Baltimore, MI 48047, phone: 586-725-9500. Information about other district courts located in Macomb County can be found at the county’s website.

Other Court and Community Blogs:

ROMEO FINES AND COSTS

RETAIL FRAUD IN ROMEO OR WASHINGTON TOWNSHIP

ST CLAIR COUNTY

RETAIL FRAUD CASES AND THE 52-4 DISTRICT COURT TROY

RETAIL FRAUD CASES AND THE 32-A DISTRICT COURT HARPER WOODS

RETAIL FRAUD IN THE 41-B DISTRICT COURT CLINTON TOWNSHIP

CRIMINAL AND TRAFFIC JURISDICTION OF THE 42-2 DISTRICT COURT

41-A DISTRICT COURT, STERLING HEIGHTS
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