DUI/OWI/DWI

Police Can Take Blood From Unconscious DUI Suspects Without Warrant, Rules Supreme COurt

When police pull over someone for a DUI, they will ask the driver to take a test for alcohol. What happens if the police find the driver passed out? In Mitchell v. Wisconsin, The Supreme Court ruled that police generally do not need a warrant for a blood draw on an unconscious DUI suspect. This is because situations with unconscious DUI suspects generally require increased responsibilities for police and prevent them from immediately getting warrants. There may some […]

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Court of Appeals Overturns Drunk Driving Case Because Officer Didn’t Know Speeding Laws

In the case of People v. Owens, the Court of Appeals sided with a drunk driver when the officer wrongly pulled him over for speeding. What Happened in the Case Defendant Owns was convicted of operating while visibly impaired (drunk driving) and being a concealed pistol licensee in possession of a firearm while intoxicated. The officer claimed Owens was speeding. Owens was pulled over for driving 43 miles per hour in an area the arresting officer believed was […]

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Mothers Against Drunk Driving Lobbying for More Ignition Interlock Devices

In Boston, Massachusetts, Mothers Against Drunk Driving is pushing for legislation that requires first time Driving Under the Influence (DUI) offenders to drive with an interlock device system. An interlock device requires drivers to blow into a breathalyzer in order for the automobile to start. If the interlock system detects alcohol in the driver’s system the vehicle will not start. The Mothers Against Drunk Driving group believes this particular law will reduce the casualties of drunk driving. Mary […]

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Will Michigan Create a Legal Limit for Marijuana and Driving?

Everyone knows the legal limit for drinking and driving is .08. Could a limit be established for marijuana and driving? With marijuana’s newfound legal status, there is a lot of attention on enforcement of drugged driving cases. Proposed Law A new proposed law would create a legal limit for marijuana at 5 nanograms. This means a person would be legally intoxicated by marijuana if there were 5 nanograms of THC in their blood while driving. The law would […]

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Is Drugged Driving on the Rise in Washtenaw County?

Drugged driving – driving while under the influence of drugs rather than alcohol – has received a lot of recent attention from law enforcement. In 2017, a pilot program for a roadside saliva drug test was tested in five counties. This program involved the use of a quick drug test designed to see if a driver had certain drugs in their system. The test is similar to a preliminary breath test for alcohol. The test gives the police […]

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Michigan Declines to Create “Legal Limit” for Marijuana and Driving

Currently, a person cannot drive after drinking if they have a blood alcohol content of .08 or over. Right now, there is no “legal limit” for marijuana. For the last year or so, the Michigan Impaired Driving Safety Commission has researched whether the law should have a legal limit for marijuana. The Commission declined to create a legal limit for marijuana. This means to be in trouble for driving under the influence of marijuana, a person must actually […]

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Could Michigan Lower Its Legal Limit to .05?

Lawmakers in Michigan have introduced proposed legislation that would lower the legal limit from .08 to .05. Utah recently became the first state to lower its legal limite to .05. It is currently against the law to drive after drinking when a person has a .08 blood alcohol content. Many safety groups are unsatisfied with the .08 amount. What Would This Mean Legally Speaking? Right now, it is against the law to drive with a blood alcohol content […]

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Congress Discusses Requiring Cars to Have Ignition Interlock Devices

Technology is always changing our lives, for better or worse. Congress recently held a hearing to discuss whether every car should be equipped with a device to measure if a driver has been drinking. Safety advocates strongly encourage such a move, but the reality of this seems very far away. What Would This Mean? These safety advocates would want to see an ignition interlock device in every car. An ignition interlock device is technology where a driver blows […]

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Use of Roadside Saliva Drug Tests Will Expand Statewide

Police are expanding the use of a roadside saliva test statewide for drivers suspected to be under the influence of drugs. This expanded use of the test coincides with the legalization of recreational marijuana. The roadside saliva test began as part of a one-year pilot program in five Michigan counties. Roadside Saliva Tests These saliva tests are similar to the preliminary breath test (PBT) given to drivers suspected of drinking alcohol. A positive test will give the police […]

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Google Takes Heat for Waze App Posts on DUI Checkpoints

The New York Police Department sent a letter to Google demanding it remove DUI checkpoints from its WAZE App. The NYPD is concerned the Waze App enables people to circumvent a critical police function. What Happened WAZE is an App on which drivers share information about traffic, weather, accidents, etc. Users can post information so that other drivers can make good decisions. For example, a user might post information about a traffic backlog from an accident. Then a […]

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