Articles Posted in DUI/OWI/DWI

The United States Supreme Court Court case of Melendez-Diaz v. Massachusetts held that a laboratory report cannot be admitted into evidence without the lab technician testifying in person. The holding is based on the reasoning that the Confrontation Clause of the Sixth Amendment requires the lab technician testify in person. Facts of the Case Melendez-Diaz…

The Court of Appeals took up the issue of a person sleeping in a car and charged with drunk driving in the case People v. Solmonson. Defendant Solmonson was convicted at trial of operating a motor vehicle under the influence of intoxicating liquor, third offense, as well as driving on a suspended license and possession…

In the Michigan Supreme Court case of People v. Miller, the Court held that punishments for convictions for both operating while intoxicated and operating while intoxicated causing serious impairment of a body function violated the double jeopardy provision for multiple punishments. The legislature did not intend for there to be a person to receive multiple…

In State of Montana v. Pinder, the Montana Supreme Court case took up the issue of whether a chemical inhaled to get high is a “drug” under the driving under the influence law. What Happened in the Case The facts of the case are simple. Mr. Pinder was arrested for driving while intoxicated by a…

The Court of Appeals in People v. Lyon ruled that an electric four-wheeled scooter is a vehicle for the purposes of an operating while intoxicated charge. Facts of the Case The Defendant in this case was riding a slow-moving electric four wheeled scooter down the curb of the road. The highest speed for the scooter…

Everyone knows that the legal limit for driving a car is a blood alcohol content of 0.08. What many do not know is that until now the legal limit for operating a boat was actually a little higher, at 0.10. This has finally changed, though, as the legal limit for boats was lowered to 0.08…

What are the drugs most found in drugged drivers? Below is a list by percentage of the top drugs found in people’s systems who were arrested for operating while intoxicated. This is for the year 2012. However, there are a few reasons why these percentages might not accurately reflect the actual drugs found in people’s…

It is a crime to let someone operate your vehicle if that person is intoxicated or impaired. The law states that a person who is in charge or control of a vehicle shall not authorize or knowingly permit another person to use the vehicle. Penalties for Allowing a Person to Operate While Intoxicated/Impaired Allowing a…

In State of Wisconsin v. Marilyn Torbeck, the Wisconsin Court of Appeals answered the question of whether a person was guilty of operating while intoxicated for driving after huffing DFE, a chemical people inhale to get high. What Happened in the Case Ms. Torbeck was charged with operating while intoxicated-third offense after a crash landed…

In the case of People v. Tipolt, the Court of Appeals discusses the foundation requirements for the introduction of Breathalyzer evidence for trial. The Facts Defendant Tipolt was arrested in White Lake Township and charged with the equivalent of the driving while intoxicated crimes at the time the case was decided. In the District Court,…