Articles Posted in Michigan Implied Consent Law

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The nature of this publication will be dedicated to the frequent talking points which arise during our consultations with clients that are charged with a Michigan drunk driving case. When I refer to drunk driving, I am referring to the plethora of Michigan laws that cover operating a motor vehicle while intoxicated (OWI) or impaired (OWVI) after the consumption of alcohol, illegal drugs or prescribed medications. We admit that the drunk driving laws are convoluted.  As I have stated in other publications, there are more laws on the books in Michigan for drunk driving than exist for the offenses of murder, kidnapping, burglary and rape combined.  Here is a sample of Michigan laws presently in force that cover the offense of drunk (or drugged) driving:

  • Criminal laws which empower the court to impose incarceration and other penalties.
  • Civil infractions, such as refusing the Preliminary Breath Test (PBT).

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Drunk driving is charged as a crime; not a traffic violation. From our experience, first offenders finding themselves in this position rarely fit the mold of someone that you would expect to get into trouble with the law. On the contrary, most clients that we see charged under Michigan’s drunk driving laws are victims of unexpected circumstances that they never anticipated. In many cases, they lack a recent experience or episode with alcohol consumption and underestimate its effects.

Some of the questions that will be covered in this article are:

  • Will I lose my license if I am convicted of a drunk driving?