DUI/OWI/DWI

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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Second-Offense Operating While Intoxicated

A drinking and driving offense that occurs within seven years of a prior drinking and driving conviction will be charged as an OWI-second offense, which comes with harsher penalties than a first-time OWI. The type of charge the second time around doesn’t matter – whether it is operating while intoxicated, operating while visibly impaired, or operating with the presence of a controlled substance. These three charges result in the same sanctions as a second-offense charge. What is the […]

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How Can I Help My Attorney?

How Can I Help My Attorney? Many clients ask me what they can do while their case is pending. For the client the case is part of their life and being proactive helps control the outcome. Write Down Everything You should take notes on everything that’s happened but keep the notes to yourself until your lawyer requests them. These notes should include anything related to events in question, your relationship with people involved, and the police investigation. There […]

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The Drinking and Driving Statute

This page is an overview of the statute governing Operating While Intoxicated (drinking and driving, DUI, etc) laws. MCL 257.625. This article outlines the law in the order it was written, which is not necessarily the most straightforward way to read it. Definition of Operating While Intoxicated A person, regardless of driver’s license status, may not operate a vehicle while intoxicated on; A highway, A place open to the general public An area designated for the parking of […]

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Huffing DUIs: Operating While Intoxicated by Inhalants

In Michigan, you can be charged with operating while intoxicated from huffing inhalants, which the use of solvent chemicals (glues, paints, gasses, etc.) to get high. This article discusses fighting OWIs involving inhalant use. What is Huffing? Huffing is the inhalation of a solvent chemical to become intoxicated. These chemicals can be found in products such as paints, glues, and gasses. The chemicals are otherwise legal – it’s the use of the chemicals that is illegal. Furthermore, driving […]

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Fighting DUI Cases

DUI charges may seem impossible to fight because the evidence appears based on science and numbers. This couldn’t be further from the truth. The reality is DUI cases have more grounds on which to fight than many other types of cases. In addition, fighting DUI charges is more common now for two reasons. One, prosecutors are offering fewer deals than ever. And two, the benefit from the standard plea deal is honestly not so great that it should […]

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