DUI/OWI/DWI

Can a DUI be Dismissed?

A DUI can be dismissed – but we must put in some work first. How to Get a DUI Dismissed Many clients have this image of the defense lawyer rolling into court and speaking with the prosecutor in the backroom. They believe all the defense lawyer must do is explain to the prosecutor why the evidence against the client isn’t strong, and the case is dismissed. The reality is the prosecutor will not simply dismiss the case because […]

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What is a Drug Recognition Expert?

A Drug Recognition Expert is a police officer trained to determine whether a driver is impaired by drugs. The science behind what Drug Recognition Experts do is flimsy to say the least. The officer is supposed to run a battery of tests on the driver to determine: Whether the person’s ability to drive is impaired and, Which type of drug has caused the impairment if unknown. The officer may believe a driver is impaired by drugs but not know […]

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Is It Against the Law to Drive After Huffing?

It is against the law in Michigan to drive after huffing if you are “under the influence” or impaired from huffing. It’s not against the law to drive after huffing if you’re not under the influence or impaired by the huffing. However, it is still against the law to huff an inhalant as a drug. Operating While Intoxicated by Huffing It is against Michigan law to operate while intoxicated by an intoxicating substance. What’s an intoxicating substance? An […]

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Can You Be Convicted of Drinking and Driving When You’re Under .08?

We all know the legal limit for drinking and driving is .08. Let’s say you’re under .08 and pulled over by the police while driving. Will this prevent you from going to jail? The .08 Number Driving with a blood alcohol content of over .08 is against the law in Michigan. The law presumes that a person with a BAC of .08 or over is intoxicated. It doesn’t matter if the person is driving perfectly – if you’re […]

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Roid Rage: Driving Under the Influence of Anabolic Steroids

Anabolic steroids are controlled substances in Michigan. This means it is possible to be charged with driving under the influence of anabolic steroids. Roid Rage = Road Rage = DUI? Roid rage is the idea that people who take anabolic steroids are prone to increased combativeness and aggressiveness. The actual science behind this is spotty, but there is anecdotal evidence and the idea persists. Could a driver who takes steroids and gets in a road rage incident be […]

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Whatever Happened to the California Man Charged with a Caffeine DUI?

In California last year a man was charged with driving under influence. The only substance in his system – caffeine. The police officer observed erratic and reckless driving, and believed the man to be under the influence of drugs when the man was amped up and agitated. A drug test came back negative for all substances except caffeine. The prosecution refused to drop the charges for almost a year, convinced the man must have been under the influence […]

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Prescription Medication DUIs

The operating while intoxicated laws make it possible to be charged for driving under the influence of your prescription medications, even if a physician prescribed the medicine to you. The Law The OWI law makes it a crime to drive under the influence of a controlled substance (non-schedule I). The phrase “under the influence” means your ability to drive was substantially lessened by the substance. There is no amount of the drug that will make you legally intoxicated […]

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Can I Drink And Drive In My Own Driveway?

In A Few Words No, drinking and driving in your own driveway is against the law, with a possible exception discussed below. Background This rule comes from the Michigan Supreme Court case of People v. Rea. The Court found that even a private driveway falls under the drunk driving statute. In this case, Defendant Gino Rea drove his car out of his garage but was stopped by a police officer in the upper part of his driveway next to […]

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Sniffing Glue, Intoxication, and Driving Under the Influence

In Michigan, it is against the law to operate a vehicle while intoxicated by an inhalant such as glue, paint, or other chemical agent. What is an Inhalant? A solvent chemical absorbed into the body through inhalation (huffing) is an inhalant. Solvents are chemical agents often found in everyday household products. Such chemicals include benzene, toluene, chloroform, Freon, methanol, and other coolants, glues, and paints. The Law A person may not operate a vehicle while under the influence […]

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Can You Get a DUI In A Self-Driving Car?

The future is not that far away and self-driving or autonomous cars may one day be the norm. Tesla has already created a self-driving car. Recently in California, a driver was cited for a DUI when he was arrested in his Tesla self-driving car. What Does ‘Operating’ in Operating While Intoxicated Mean? The answer to this question hinges on the definition ‘operating’ in operating while intoxicated. To be convicted of OWI you must be operating the vehicle. The […]

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