DUI/OWI/DWI

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 officer 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 which type of drug has caused impairment. The driver’s blood sample will be tested by […]

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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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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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Where Were Drivers Arrested for DUIs in Washtenaw County in 2017?

We can tell where drivers were arrested for operating while intoxicated by looking at the arrest statistics by police departments. Below is a breakdown of the arrest statistics by police departments in Washtenaw County for 2017. Many of the Washtenaw County Sheriff’s Department arrests will be in Ypsilanti Township, as the department patrols the township. The Sheriff can also of course patrol other areas throughout Washtenaw County. The Michigan State Police arrest many drivers mainly on the highways […]

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