If you are arrested for drunk driving in Michigan, you are required to take a chemical test – of your blood, breath or urine – to determine your bodily alcohol content (BAC). You can refuse to take the test. But if you refuse, your license will be immediately destroyed and you will be given a paper permit. You may drive on the paper permit until your criminal case is resolved in court. You can appeal this suspension. But you have a limited time – 14 days – to do so. All of this might seem harsh. But that is how Michigan’s Implied Consent Law works. Gain insight into the crucial things you need to know about DUI breath tests and receive personalized guidance tailored to your case. At Michigan Defense Law, our Michigan DUI lawyers are ready to help you navigate the complexities of DUI breath tests, including roadside breathalyzer tests. We are dedicated to protecting your rights and achieving the best possible outcome for your case. Call us today at (248) 451-2200 to schedule a free consultation. What You Need to Know About DUI Breath Tests in Michigan
What Happens When You Refuse a Breathalyzer?Refusing a roadside breathalyzer request from a police officer in Michigan is not considered a criminal offense. However, it is considered a civil offense, which incurs a fine of up to $150, along with associated court costs. Refusing the test does not carry any additional penalties or affect your driving record, meaning there will be no license suspension or points. The fine is comparable to that of a speeding ticket. It’s important to note that while the results of a preliminary breath test can be used as probable cause for a drunk driving arrest, they cannot be presented as evidence during trial. Upon being arrested for drunk driving in Michigan, it is required for you to undergo a chemical test to ascertain your blood alcohol concentration (BAC). The most common test administered is the Datamaster Breathalyzer, although an officer can choose to request a blood test instead. These additional tests are governed by the implied consent law, to which all licensed Michigan drivers agree when obtaining their licenses. Failure to comply with a chemical test is regarded as a violation of the implied consent law and entails administrative consequences. When a driver declines a chemical test, a report of refusal is submitted to the Michigan Secretary of State after charges are filed. The driver then has a 14-day period to contest the charge. Failing to respond within this timeframe results in an automatic addition of six points to the driver’s license and a one-year suspension. If a driver has previously refused a chemical test within the past seven years, a second refusal leads to an automatic two-year license suspension without the right to appeal. It is crucial to understand that the penalties and consequences can differ depending on the unique circumstances of your case and any previous convictions you may have. Consulting with a Michigan DUI lawyer who can provide personalized guidance based on the most up-to-date laws and regulations is crucial. Contact us and schedule a free consultation with Michigan Defense Law today. via Michigan Defense Law https://www.michigandefenselaw.com/blog/six-things-to-know-about-dui-breath-tests/
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Being charged with drunk driving in Michigan is bad news for anyone, but a DUI for drivers under the age of 21 is especially serious. In Michigan, a “zero tolerance” policy is strictly enforced, which bars young drivers from getting behind the wheel after consuming alcohol, regardless of whether they’re legally intoxicated or not. Underage drivers can face OWI/DUI charges if their blood-alcohol concentration surpasses 0.02, provided they’re under 21 at the time of the incident. More grave charges, like driving while intoxicated, can be imposed if their blood alcohol content crosses the 0.08 threshold. In such challenging situations, a Michigan DUI lawyer can help. At Michigan Defense Law, our team of experienced Michigan DUI defense attorneys may be able to help you navigate the complexities of the legal system, guide on the best possible defenses, and work tirelessly to safeguard your rights. Our team might even be able to get the charges reduced or dismissed, minimizing the impact on your future prospects. Call us today at (248) 451-2200 to schedule a consultation. Either way, the penalties can be severe. A charge of underage OWI/DUI in Michigan can mean:
Underage Drinking and Driving in MichiganHere is an excerpt from the Michigan statute pertaining to underage drinking and driving:A person who is less than 21 years of age, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person has any bodily alcohol content. As used in this subsection, “any bodily alcohol content” means either of the following: (a) An alcohol content of 0.02 grams or more but less than 0.08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or, beginning October 1, 2013, the person has an alcohol content of 0.02 grams or more but less than 0.10 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. (b) Any presence of alcohol within a person’s body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony. In 2011, there were 38 alcohol-impaired driving deaths in Michigan involving underage drivers. How Long Will Your License Be Suspended for a DUI Under 21Understanding the potential implications of being arrested for DUI under the age of 21 is vital, particularly regarding the suspension of your driver’s license. In such circumstances, it is essential to collaborate with a proficient criminal defense attorney to minimize the long-term impact. For individuals facing their initial underage DUI offense, the penalties may include fines of up to $250, up to 360 hours of community service, driving license restrictions for a maximum of 30 days, and the addition of 4 points to your driving record. These penalties can significantly disrupt your life. For repeat offenders or those with a previous DUI within the past seven years, the consequences become more severe. They may face fines of up to $500, up to 60 days of community service, a maximum of 93 days in jail, probation lasting up to 2 years, an additional 4 points on their driving record (6 if they are over 21 at the time of the second offense), and a 90-day license suspension or revocation, depending on their prior criminal history. The consequences of an underage DUI conviction extend beyond the immediate aftermath and can have a profound impact on your future prospects. It can impede career opportunities and restrict educational options, as many institutions may be hesitant to admit students with criminal records, particularly for programs requiring licensing. Given Michigan’s stringent DUI laws, seeking legal representation is crucial, regardless of whether this is your first or subsequent DUI charge. At, Michigan Defense Law, our team of skilled Michigan DUI defense lawyers may be able to guide you through the intricate legal process, helping you minimize the potential adverse consequences on your life. Remember that one mistake should not define your future, and with the right assistance, it doesn’t have to. Contact us today at (248) 451-2200 to schedule a consultation.
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via Michigan Defense Law https://www.michigandefenselaw.com/blog/stiff-penalties-for-underage-drinking-and-driving-in-michigan/ Michigan motorcyclists are susceptible to severe or fatal injury if involved in a crash with another vehicle. Simply stated, motorcyclists are at much greater risk of injury in an accident because there is no structure to protect the rider. Consequently, a motorcyclist is more likely to suffer disfiguring facial fractures, spinal cord injuries resulting in paralysis, and traumatic brain injuries. Considering the dangers, one would expect bikers to take extra precautions to ensure they arrive at their destinations safely. Some don’t. According to the National Highway Traffic Safety Administration (NHSTA), nearly 30% of all fatal motorcycle accidents involve riders with a blood alcohol content legal limit of .08. The consumption of alcohol often leads to reckless behavior and an increase in speeds, creating a lethal combination on the road. In such circumstances, it becomes essential for individuals involved in motorcycle accidents, particularly those charged with driving under the influence, to seek legal assistance from a skilled Michigan DUI lawyer. Call Michigan Defense Law today at (248) 451-2200 to schedule a consultation. According to a report on the Motorcycle Safety Foundation website:
The Michigan State Police claims that alcohol was involved in 35 percent of all fatal motorcycle crashes in the state in 2012. Many motorcycle wrecks, however, are caused by the negligence of other drivers. That seems to be the case in an accident that occurred on Wednesday, October 2 when a 58-year-old Ortonville motorcyclist was killed after a vehicle pulled out in front of him. According to reports, a 21-year-old woman turned left out of a McDonald’s parking lot and into the motorcycle’s path around 3 p.m. in Brandon Township. The man died en route to the hospital. He was not wearing a helmet at the time of the crash. According to data reported in MotorcycleAccident.org, a motorcyclist not wearing a helmet is 40 percent more likely to die of a head injury than one who is wearing one. Motorcycle riding is a popular activity in Michigan. In fact, there are over a half-million licensed motorcyclists in the state. Many bikers find riding a more enjoyable and less expensive alternative to driving a car or truck. Yet, bikers are uniquely vulnerable. Because they are at higher risk of debilitating injuries and fatalities in the event of a crash, it is incumbent upon every motorcyclist, as well as drivers around them, to take heed and go the extra mile to ensure their safety. If you or your loved one has been charged with a DUI, DWI, OWI or have been involved in an alcohol-related accident, please contact the Michigan Defense Law for competent, compassionate legal assistance. What is the Most Common Type of Collision Between Cars and Motorcycles?Motorcycles have always been cherished for the sense of freedom, speed, and agility they provide as a means of transportation. However, this exhilarating experience comes with inherent dangers. One significant threat is the possibility of collisions with cars, particularly in the form of left-turn accidents and lane splitting accidents, which are both common and highly perilous. Lane SplittingLane splitting refers to the act of maneuvering between lanes of slow-moving or stationary traffic, often tempting those seeking to save time. Imagine a typical commute plagued by rush-hour congestion; the allure of swiftly navigating between cars on a sleek motorcycle becomes hard to resist. While this maneuver may save a few minutes of travel time, it also significantly increases the risk involved. Lane splitting is illegal in Michigan. Advocates argue that it reduces the likelihood of rear-end accidents in heavy traffic and helps alleviate congestion. However, opponents highlight the heightened danger it poses to motorcyclists. The close proximity to other vehicles and the sudden appearance of a motorcycle can catch drivers off guard, potentially leading to fatal scenarios if a car changes lanes without noticing the motorcycle. Thus, the consensus is clear: for the sake of your safety, it is best to resist the temptation of lane splitting. Left TurningCollisions with cars making left turns represent the most common scenario for motorcycle accidents. Motorcycles can easily go unnoticed in a driver’s blind spot or be misjudged in terms of speed and distance. Examples include a car turning left at an intersection and cutting across the path of an oncoming motorcyclist or a motorcycle attempting to overtake a vehicle. These situations are precarious even for cars, but they prove especially fatal for motorcyclists due to their relatively limited protection and the size difference between motorcycles and cars. Regardless of the vehicles involved, a left-turn accident can have devastating consequences. However, the risk is amplified for motorcyclists. Without the sturdy metal framework of a car to absorb the impact, a collision can propel a motorcyclist into the air or result in a forceful direct impact, leading to severe injuries or even death. If you find yourself facing legal challenges related to motorcycle accidents, it’s crucial to seek professional help from a skilled criminal defense lawyer in Michigan. At Michigan Defense Law, our team of Michigan criminal defense attorneys may be able to help protect your rights, gather evidence, analyze the circumstances surrounding the accident, and if necessary, represent you in court. Contact us today at (248) 451-2200 to schedule a consultation.
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Via https://www.michigandefenselaw.com/blog/motorcyclists-at-greater-risk-of-injury-in-crashes/ Michigan motorcyclists are susceptible to severe or fatal injury if involved in a crash with another vehicle. Simply stated, motorcyclists are at much greater risk of injury in an accident because there is no structure to protect the rider. Consequently, a motorcyclist is more likely to suffer disfiguring facial fractures, spinal cord injuries resulting in paralysis, and traumatic brain injuries. Considering the dangers, one would expect bikers to take extra precautions to ensure they arrive at their destinations safely. Some don’t. According to the National Highway Traffic Safety Administration (NHSTA), nearly 30% of all fatal motorcycle accidents involve riders with a blood alcohol content legal limit of .08. The consumption of alcohol often leads to reckless behavior and an increase in speeds, creating a lethal combination on the road. In such circumstances, it becomes essential for individuals involved in motorcycle accidents, particularly those charged with driving under the influence, to seek legal assistance from a skilled Michigan DUI lawyer. Call Michigan Defense Law today at (248) 451-2200 to schedule a consultation. According to a report on the Motorcycle Safety Foundation website:
The Michigan State Police claims that alcohol was involved in 35 percent of all fatal motorcycle crashes in the state in 2012. Many motorcycle wrecks, however, are caused by the negligence of other drivers. That seems to be the case in an accident that occurred on Wednesday, October 2 when a 58-year-old Ortonville motorcyclist was killed after a vehicle pulled out in front of him. According to reports, a 21-year-old woman turned left out of a McDonald’s parking lot and into the motorcycle’s path around 3 p.m. in Brandon Township. The man died en route to the hospital. He was not wearing a helmet at the time of the crash. According to data reported in MotorcycleAccident.org, a motorcyclist not wearing a helmet is 40 percent more likely to die of a head injury than one who is wearing one. Motorcycle riding is a popular activity in Michigan. In fact, there are over a half-million licensed motorcyclists in the state. Many bikers find riding a more enjoyable and less expensive alternative to driving a car or truck. Yet, bikers are uniquely vulnerable. Because they are at higher risk of debilitating injuries and fatalities in the event of a crash, it is incumbent upon every motorcyclist, as well as drivers around them, to take heed and go the extra mile to ensure their safety. If you or your loved one has been charged with a DUI, DWI, OWI or have been involved in an alcohol-related accident, please contact the Michigan Defense Law for competent, compassionate legal assistance. What is the Most Common Type of Collision Between Cars and Motorcycles?Motorcycles have always been cherished for the sense of freedom, speed, and agility they provide as a means of transportation. However, this exhilarating experience comes with inherent dangers. One significant threat is the possibility of collisions with cars, particularly in the form of left-turn accidents and lane splitting accidents, which are both common and highly perilous. Lane SplittingLane splitting refers to the act of maneuvering between lanes of slow-moving or stationary traffic, often tempting those seeking to save time. Imagine a typical commute plagued by rush-hour congestion; the allure of swiftly navigating between cars on a sleek motorcycle becomes hard to resist. While this maneuver may save a few minutes of travel time, it also significantly increases the risk involved. Lane splitting is illegal in Michigan. Advocates argue that it reduces the likelihood of rear-end accidents in heavy traffic and helps alleviate congestion. However, opponents highlight the heightened danger it poses to motorcyclists. The close proximity to other vehicles and the sudden appearance of a motorcycle can catch drivers off guard, potentially leading to fatal scenarios if a car changes lanes without noticing the motorcycle. Thus, the consensus is clear: for the sake of your safety, it is best to resist the temptation of lane splitting. Left TurningCollisions with cars making left turns represent the most common scenario for motorcycle accidents. Motorcycles can easily go unnoticed in a driver’s blind spot or be misjudged in terms of speed and distance. Examples include a car turning left at an intersection and cutting across the path of an oncoming motorcyclist or a motorcycle attempting to overtake a vehicle. These situations are precarious even for cars, but they prove especially fatal for motorcyclists due to their relatively limited protection and the size difference between motorcycles and cars. Regardless of the vehicles involved, a left-turn accident can have devastating consequences. However, the risk is amplified for motorcyclists. Without the sturdy metal framework of a car to absorb the impact, a collision can propel a motorcyclist into the air or result in a forceful direct impact, leading to severe injuries or even death. If you find yourself facing legal challenges related to motorcycle accidents, it’s crucial to seek professional help from a skilled criminal defense lawyer in Michigan. At Michigan Defense Law, our team of Michigan criminal defense attorneys may be able to help protect your rights, gather evidence, analyze the circumstances surrounding the accident, and if necessary, represent you in court. Contact us today at (248) 451-2200 to schedule a consultation.
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via Michigan Defense Law https://www.michigandefenselaw.com/blog/motorcyclists-at-greater-risk-of-injury-in-crashes/ When it comes to prescription drugs and driving, there are several crucial factors that individuals in Michigan need to be aware of to ensure their safety and comply with the law. While prescription medications are often prescribed to treat various medical conditions, they can also have significant effects on a person’s ability to drive safely. Understanding the potential risks and legal implications of driving under the influence of prescription drugs is essential for residents of Michigan. If you find yourself facing legal issues related to driving under the influence of prescription drugs, seeking the help of a skilled lawyer is crucial. At Michigan Defense Law, our team of experienced Michigan drug driving lawyers may be able to guide you through the legal process, assess the strength of the prosecution’s case, and develop a strong defense strategy tailored to your situation. Contact us today at (248) 451-2200 to schedule a consultation. The offense of Driving Under the Influence of Drugs – or DUID – does not distinguish between prescription and non-prescription drugs. Just because you are taking a medication that was legally prescribed by a physician does not mean you are automatically immune from a DUID charge. In Michigan, it is illegal to drive:
Criminal penalties may include incarceration, fines, probation and license suspension. For repeat offenses, the consequences are harsher and may result in lengthy jail time, loss of vehicle registration and a required interlock ignition device on your car. Six Things To Know About Drugs and Driving in Michigan
If you are charged with an alcohol or drug-related driving offense, an experienced Michigan DUI lawyer can explain your legal rights and options in greater detail.
Can You Drive on XanaxEven if you have a legitimate prescription for a controlled substance such as Xanax, Vicodin, or Adderall, you can still face charges for driving under the influence of drugs. Just like with driving under the influence of alcohol, the prosecution needs to provide evidence that the drug impaired your ability to drive. When it comes to the charge of driving under the influence of drugs (DUID), there is no differentiation made between prescribed and non-prescribed substances. Simply having a valid prescription from your doctor does not automatically shield you from potential charges. The consequences for such offenses can include imprisonment, fines, probation, and the suspension of your driver’s license. For repeat offenders, the penalties become more severe, potentially resulting in longer jail sentences, the revocation of vehicle registration, and the mandatory installation of an ignition interlock device in your car. An experienced lawyer can provide essential legal advice and represent you in court, guiding you through the complex legal processes associated with DUID charges. At Michigan Defense Law, our team of Michigan defense attorneys may be able to challenge the presented evidence and potentially negotiate reduced penalties or even have the charges dismissed in certain cases. Contact us today at (248) 451-2200 to learn more about how we can help. Via https://www.michigandefenselaw.com/blog/six-things-to-know-about-prescription-drugs-and-driving-in-michigan/ When it comes to prescription drugs and driving, there are several crucial factors that individuals in Michigan need to be aware of to ensure their safety and comply with the law. While prescription medications are often prescribed to treat various medical conditions, they can also have significant effects on a person’s ability to drive safely. Understanding the potential risks and legal implications of driving under the influence of prescription drugs is essential for residents of Michigan. If you find yourself facing legal issues related to driving under the influence of prescription drugs, seeking the help of a skilled lawyer is crucial. At Michigan Defense Law, our team of experienced Michigan drug driving lawyers may be able to guide you through the legal process, assess the strength of the prosecution’s case, and develop a strong defense strategy tailored to your situation. Contact us today at (248) 451-2200 to schedule a consultation. The offense of Driving Under the Influence of Drugs – or DUID – does not distinguish between prescription and non-prescription drugs. Just because you are taking a medication that was legally prescribed by a physician does not mean you are automatically immune from a DUID charge. In Michigan, it is illegal to drive:
Criminal penalties may include incarceration, fines, probation and license suspension. For repeat offenses, the consequences are harsher and may result in lengthy jail time, loss of vehicle registration and a required interlock ignition device on your car. Six Things To Know About Drugs and Driving in Michigan
If you are charged with an alcohol or drug-related driving offense, an experienced Michigan DUI lawyer can explain your legal rights and options in greater detail.
Can You Drive on XanaxEven if you have a legitimate prescription for a controlled substance such as Xanax, Vicodin, or Adderall, you can still face charges for driving under the influence of drugs. Just like with driving under the influence of alcohol, the prosecution needs to provide evidence that the drug impaired your ability to drive. When it comes to the charge of driving under the influence of drugs (DUID), there is no differentiation made between prescribed and non-prescribed substances. Simply having a valid prescription from your doctor does not automatically shield you from potential charges. The consequences for such offenses can include imprisonment, fines, probation, and the suspension of your driver’s license. For repeat offenders, the penalties become more severe, potentially resulting in longer jail sentences, the revocation of vehicle registration, and the mandatory installation of an ignition interlock device in your car. An experienced lawyer can provide essential legal advice and represent you in court, guiding you through the complex legal processes associated with DUID charges. At Michigan Defense Law, our team of Michigan defense attorneys may be able to challenge the presented evidence and potentially negotiate reduced penalties or even have the charges dismissed in certain cases. Contact us today at (248) 451-2200 to learn more about how we can help. via Michigan Defense Law https://www.michigandefenselaw.com/blog/six-things-to-know-about-prescription-drugs-and-driving-in-michigan/ Like in most other states, having a BAC of .08 can be enough grounds to be charged with a DUI/OWI in Michigan. However, Michigan law has a separate offense reserved for those with a BAC of .17 or higher. Compared to a standard DUI/OWI charge which already carries significant penalties upon conviction, the Michigan Super Drunk Law allows for even harsher punishment. If you have been charged with a super drunk driving offense in Michigan, it is crucial to take these charges seriously. A conviction of super drunk driving can have long-standing consequences on a person’s life. Aside from the possibility of imprisonment, expensive fines, and other legal penalties, a conviction can also affect one’s personal and professional prospects. Hiring an experienced Michigan DUI lawyer can help ensure your case receives the individualized attention it deserves. Our team of skilled legal professionals at Michigan Defense Law, led by top-rated Michigan DUI/OWI attorney Paul J. Tafelski, provides quality legal services to Michigan residents charged with super drunk driving offenses. Often the charge is written as “Operating with a High BAC”. This is the official term for what is commonly called Super Drunk. Our team of experienced legal professionals can help you understand the legal terms and legal process involved in a DUI case. These include arraignment, bond, pre-trial and sentencing as well as drivers license issues such as whether you can retain your driving privileges before a DUI court date. Contact us today at (248) 451-2200 to schedule a free consultation and learn more about how we can help you. Top Rated DUI/OWI Attorney Paul J. Tafelski Discusses The Michigan Super Drunk LawBlood alcohol concentration or BAC is the measurement used by law enforcement agencies to get an idea of the degree of intoxication of a person. When an officer conducts a traffic stop, drivers would be subjected to a breath test to determine their BAC. Drivers in Michigan operate in an implied consent rule. What this means is that when you accept the privilege of a drivers license you consent that if you are lawfully arrested for an OWI offense you will consent to take the alcohol test chosen by the police. Failure to do so is called an Implied Consent Violation and can easily result in six points on your drivers license and a one year suspension of the license. This happens regardless of whether your test results come back over the limit or not. If you refuse the request for a test after arrest the police will request and usually obtain a search warrant to draw your blood. If charged with an Implied Consent Violation you are basically facing a second case. The Implied Consent Violation case will require a timely appeal to be filed within 14 days of your arrest. Then, you will have an administrative law hearing with a Secretary of State Hearing Officer. If you lose that hearing, your license is suspended for a year and the only option is a Hardship Appeal to circuit court seeking a restricted license. Both of these hearings are in a different court and presided over by different Judges than your OWI case will be. Implied Consent Violations seriously complicate the OWI situation and require immediate attention. Operating While Visibly Impaired can technically be charged at any level of BAC. However, in that case, the police need to be able to prove that the persons ability to drive was impaired by alcohol. As mentioned, having a BAC of .08 is enough to be charged with a OWI/DUI, even if your ability to drive is not impaired, however, those who are found to have a high BAC in their system during a DUI stop can be subject to the charge of Operating with a High BAC, also known as Super Drunk. The High BAC enhanced Penalty Law or the Michigan Super Drunk Law came into effect in 2010 to address a call for a specific class of DUI offenders. The law was introduced to impose significantly harsher penalties, about twice as severe as standard DUI charges, on DUI offenders who have a BAC of .17 or higher. High BAC DUI charges only apply to persons who have not been charged with a DUI within the past seven years. People who have been previously charged with a DUI in the same time frame, regardless of their BAC, would be charged with a second-offense DUI, or a Felony Operating While Intoxicated if the case is the third offense in their lifetime. In those instances the Super Drunk law would not apply because the penalties for Second Offense OWI and Felony OWI are worse. Given the baseline BAC for a DUI charge of .08, those charged with a DUI under the Super Drunk Law are assumed to have twice the legal limit. Under the Super Drunk Law, the penalties for a high BAC DUI are almost double that of a standard DUI. In Michigan, the maximum penalty for Operating with a High BAC is six months in jail. In addition, the drivers license is suspended for 45 days and restricted for 10 ½ months with an interlock device in the car. Drivers convicted of Super Drunk are also required to attend outpatient counseling. According to medical professionals, consuming one unit of alcohol can contribute .025 to your BAC thus, those who have a BAC of .17 have at least six to eight units of alcohol in their system at the time of the arrest, depending on the period of time it was consumed. It is also important to keep in mind that alcohol tolerance can vary and a person’s BAC can be affected by some biological and environmental factors. Understanding the nature of high BAC DUI charges is crucial to know the potential consequences a conviction may have. There can be instances in which a person is under the impression that they are going to be charged with a standard DUI/OWI and even leave the precinct with a ticket informing them as much until they find out that they are being charged with a high BAC DUI. Our skilled Michigan High BAC DUI attorneys at Michigan Defense Law have the experience and knowledge necessary to contest the charges levied against you. We have successfully defended the rights of Michigan residents charged with both standard DUI and High BAC DUI. We work diligently to investigate the circumstances of our clients’ cases and to build a strong legal defense strategy to mitigate or dismiss the charges. Schedule a consultation today at (248) 451-2200. Michigan High BAC DUI/OWI PenaltiesUnder the High Alcohol Enhanced Penalty Law, first-time offenders who are charged with a BAC of .17 or higher have a greater chance of getting the maximum penalties for their charges compared to if they had been charged with a standard DUI. Punishment for those convicted with High BAC charges is also twice as harsh as those on standard DUI cases. Persons convicted of a standard first-offense DUI charge can face the following penalties:
In comparison, those convicted of a super drunk DUI can face the following penalties:
In addition to the mentioned penalties, a High BAC DUI offender has to enter a restricted license period that lasts for 320 days. This will be imposed aside from probation and an offender can only drive a vehicle with a Breath Alcohol IID and only under the following circumstances:
With a BAIID, the driver would have to provide a breath sample to start the vehicle. Additional tests would be required while driving and the car would become inoperational once the device detects a BAC higher than the required level. These restrictions, along with the criminal punishments involved, can have a significant effect on a person’s life. Consulting an experienced Michigan high BAC DUI attorney can help in building a strong case to reduce the charges or have them dismissed altogether. At Michigan Defense Law, we can help you understand your legal options and aggressively represent your rights in court. Alongside the legal penalties, a conviction of a super drunk or high BAC DUI can bring long-lasting non-legal consequences to a person’s life. Contact us today to schedule a free consultation and to discuss the circumstances of your case. Call Michigan Defense Law at (248) 451-2200. Consequences of a High BAC DUI ConvictionMost legal professionals put an understandable emphasis on the legal consequences of a High BAC conviction. After all, penalties under a super drunk DUI are essentially double that of a standard DUI and are considered especially harsh for a first-offense conviction. However, aside from the legal penalties, drivers who are convicted of a high BAC DUI can also face the following non-legal consequences:
Working with a skilled attorney can help alleviate not only the legal but also the non-legal consequences of a high BAC DUI conviction. At Michigan Defense Law, our team of experienced Michigan high BAC DUI lawyers can help you understand your rights and build a robust legal defense strategy aimed at reducing or dismissing the charges against you. Contact us today at (248) 451-2200 to learn more about how we can help. How An Experienced High BAC DUI Attorney Can HelpQualified attorneys who are well-versed in DUI cases can use a variety of legal defenses to challenge a high BAC DUI charge. At Michigan Defense Law, we closely investigate the relevant evidence and specific circumstances involved to maximize the chances of getting the charges reduced or dismissed. A skilled attorney can challenge the validity of the blood alcohol tests conducted. Instruments used in a test should be properly maintained and calibrated to ensure the accuracy of the results. A person’s BAC can increase over time and while a person may test with a BAC of .17 at the police precinct, there is a possibility that their BAC at the time of the stop would have been lower. Law enforcement officers must also follow specific guidelines when taking breath and blood samples to use in BAC tests. Improper adherence to these guidelines may cause the BAC results to be inadmissible as evidence and thus result in the dismissal of the case. The arresting officers must also have probable cause to arrest and detain you. If the probable cause of the arrest cannot be established, any evidence found and charges filed can be considered invalid due to the illegal nature of the arrest. Aside from careful investigation of the case, an attorney can also request the presence of industry experts such as medical professionals to act as witnesses for the defense. Most importantly, with a skilled attorney by your side, you will have a legal advocate who can represent your rights and best interests in court. Working with an Experienced Michigan High BAC DUI Attorney from Michigan Defense LawFacing charges for a standard DUI can already be a confusing and stressful experience. Having to face enhanced charges of a DUI under Michigan’s Super Drunk Law can be additionally challenging. You do not have to face these charges alone. If you have been charged with a super drunk DUI, it is important to get the help of an experienced Michigan high BAC DUI attorney. A High BAC DUI conviction can have severe consequences on your life, from steep fines and license suspension to jail time and a criminal record. At Michigan Defense Law, our team of skilled DUI attorneys have years of experience in DUI defense and can help you understand your legal options. Our attorneys work diligently in building a strong legal defense that can help in obtaining the best possible outcome for your specific case. We are ready to assist you. Contact us today at (248) 451-2200 to schedule a complimentary consultation. Via https://www.michigandefenselaw.com/blog/what-is-a-high-bac-for-a-dui/ Like in most other states, having a BAC of .08 can be enough grounds to be charged with a DUI/OWI in Michigan. However, Michigan law has a separate offense reserved for those with a BAC of .17 or higher. Compared to a standard DUI/OWI charge which already carries significant penalties upon conviction, the Michigan Super Drunk Law allows for even harsher punishment. If you have been charged with a super drunk driving offense in Michigan, it is crucial to take these charges seriously. A conviction of super drunk driving can have long-standing consequences on a person’s life. Aside from the possibility of imprisonment, expensive fines, and other legal penalties, a conviction can also affect one’s personal and professional prospects. Hiring an experienced Michigan DUI lawyer can help ensure your case receives the individualized attention it deserves. Our team of skilled legal professionals at Michigan Defense Law, led by top-rated Michigan DUI/OWI attorney Paul J. Tafelski, provides quality legal services to Michigan residents charged with super drunk driving offenses. Often the charge is written as “Operating with a High BAC”. This is the official term for what is commonly called Super Drunk. Our team of experienced legal professionals can help you understand the legal terms and legal process involved in a DUI case. These include arraignment, bond, pre-trial and sentencing as well as drivers license issues such as whether you can retain your driving privileges before a DUI court date. Contact us today at (248) 451-2200 to schedule a free consultation and learn more about how we can help you. Top Rated DUI/OWI Attorney Paul J. Tafelski Discusses The Michigan Super Drunk LawBlood alcohol concentration or BAC is the measurement used by law enforcement agencies to get an idea of the degree of intoxication of a person. When an officer conducts a traffic stop, drivers would be subjected to a breath test to determine their BAC. Drivers in Michigan operate in an implied consent rule. What this means is that when you accept the privilege of a drivers license you consent that if you are lawfully arrested for an OWI offense you will consent to take the alcohol test chosen by the police. Failure to do so is called an Implied Consent Violation and can easily result in six points on your drivers license and a one year suspension of the license. This happens regardless of whether your test results come back over the limit or not. If you refuse the request for a test after arrest the police will request and usually obtain a search warrant to draw your blood. If charged with an Implied Consent Violation you are basically facing a second case. The Implied Consent Violation case will require a timely appeal to be filed within 14 days of your arrest. Then, you will have an administrative law hearing with a Secretary of State Hearing Officer. If you lose that hearing, your license is suspended for a year and the only option is a Hardship Appeal to circuit court seeking a restricted license. Both of these hearings are in a different court and presided over by different Judges than your OWI case will be. Implied Consent Violations seriously complicate the OWI situation and require immediate attention. Operating While Visibly Impaired can technically be charged at any level of BAC. However, in that case, the police need to be able to prove that the persons ability to drive was impaired by alcohol. As mentioned, having a BAC of .08 is enough to be charged with a OWI/DUI, even if your ability to drive is not impaired, however, those who are found to have a high BAC in their system during a DUI stop can be subject to the charge of Operating with a High BAC, also known as Super Drunk. The High BAC enhanced Penalty Law or the Michigan Super Drunk Law came into effect in 2010 to address a call for a specific class of DUI offenders. The law was introduced to impose significantly harsher penalties, about twice as severe as standard DUI charges, on DUI offenders who have a BAC of .17 or higher. High BAC DUI charges only apply to persons who have not been charged with a DUI within the past seven years. People who have been previously charged with a DUI in the same time frame, regardless of their BAC, would be charged with a second-offense DUI, or a Felony Operating While Intoxicated if the case is the third offense in their lifetime. In those instances the Super Drunk law would not apply because the penalties for Second Offense OWI and Felony OWI are worse. Given the baseline BAC for a DUI charge of .08, those charged with a DUI under the Super Drunk Law are assumed to have twice the legal limit. Under the Super Drunk Law, the penalties for a high BAC DUI are almost double that of a standard DUI. In Michigan, the maximum penalty for Operating with a High BAC is six months in jail. In addition, the drivers license is suspended for 45 days and restricted for 10 ½ months with an interlock device in the car. Drivers convicted of Super Drunk are also required to attend outpatient counseling. According to medical professionals, consuming one unit of alcohol can contribute .025 to your BAC thus, those who have a BAC of .17 have at least six to eight units of alcohol in their system at the time of the arrest, depending on the period of time it was consumed. It is also important to keep in mind that alcohol tolerance can vary and a person’s BAC can be affected by some biological and environmental factors. Understanding the nature of high BAC DUI charges is crucial to know the potential consequences a conviction may have. There can be instances in which a person is under the impression that they are going to be charged with a standard DUI/OWI and even leave the precinct with a ticket informing them as much until they find out that they are being charged with a high BAC DUI. Our skilled Michigan High BAC DUI attorneys at Michigan Defense Law have the experience and knowledge necessary to contest the charges levied against you. We have successfully defended the rights of Michigan residents charged with both standard DUI and High BAC DUI. We work diligently to investigate the circumstances of our clients’ cases and to build a strong legal defense strategy to mitigate or dismiss the charges. Schedule a consultation today at (248) 451-2200. Michigan High BAC DUI/OWI PenaltiesUnder the High Alcohol Enhanced Penalty Law, first-time offenders who are charged with a BAC of .17 or higher have a greater chance of getting the maximum penalties for their charges compared to if they had been charged with a standard DUI. Punishment for those convicted with High BAC charges is also twice as harsh as those on standard DUI cases. Persons convicted of a standard first-offense DUI charge can face the following penalties:
In comparison, those convicted of a super drunk DUI can face the following penalties:
In addition to the mentioned penalties, a High BAC DUI offender has to enter a restricted license period that lasts for 320 days. This will be imposed aside from probation and an offender can only drive a vehicle with a Breath Alcohol IID and only under the following circumstances:
With a BAIID, the driver would have to provide a breath sample to start the vehicle. Additional tests would be required while driving and the car would become inoperational once the device detects a BAC higher than the required level. These restrictions, along with the criminal punishments involved, can have a significant effect on a person’s life. Consulting an experienced Michigan high BAC DUI attorney can help in building a strong case to reduce the charges or have them dismissed altogether. At Michigan Defense Law, we can help you understand your legal options and aggressively represent your rights in court. Alongside the legal penalties, a conviction of a super drunk or high BAC DUI can bring long-lasting non-legal consequences to a person’s life. Contact us today to schedule a free consultation and to discuss the circumstances of your case. Call Michigan Defense Law at (248) 451-2200. Consequences of a High BAC DUI ConvictionMost legal professionals put an understandable emphasis on the legal consequences of a High BAC conviction. After all, penalties under a super drunk DUI are essentially double that of a standard DUI and are considered especially harsh for a first-offense conviction. However, aside from the legal penalties, drivers who are convicted of a high BAC DUI can also face the following non-legal consequences:
Working with a skilled attorney can help alleviate not only the legal but also the non-legal consequences of a high BAC DUI conviction. At Michigan Defense Law, our team of experienced Michigan high BAC DUI lawyers can help you understand your rights and build a robust legal defense strategy aimed at reducing or dismissing the charges against you. Contact us today at (248) 451-2200 to learn more about how we can help. How An Experienced High BAC DUI Attorney Can HelpQualified attorneys who are well-versed in DUI cases can use a variety of legal defenses to challenge a high BAC DUI charge. At Michigan Defense Law, we closely investigate the relevant evidence and specific circumstances involved to maximize the chances of getting the charges reduced or dismissed. A skilled attorney can challenge the validity of the blood alcohol tests conducted. Instruments used in a test should be properly maintained and calibrated to ensure the accuracy of the results. A person’s BAC can increase over time and while a person may test with a BAC of .17 at the police precinct, there is a possibility that their BAC at the time of the stop would have been lower. Law enforcement officers must also follow specific guidelines when taking breath and blood samples to use in BAC tests. Improper adherence to these guidelines may cause the BAC results to be inadmissible as evidence and thus result in the dismissal of the case. The arresting officers must also have probable cause to arrest and detain you. If the probable cause of the arrest cannot be established, any evidence found and charges filed can be considered invalid due to the illegal nature of the arrest. Aside from careful investigation of the case, an attorney can also request the presence of industry experts such as medical professionals to act as witnesses for the defense. Most importantly, with a skilled attorney by your side, you will have a legal advocate who can represent your rights and best interests in court. Working with an Experienced Michigan High BAC DUI Attorney from Michigan Defense LawFacing charges for a standard DUI can already be a confusing and stressful experience. Having to face enhanced charges of a DUI under Michigan’s Super Drunk Law can be additionally challenging. You do not have to face these charges alone. If you have been charged with a super drunk DUI, it is important to get the help of an experienced Michigan high BAC DUI attorney. A High BAC DUI conviction can have severe consequences on your life, from steep fines and license suspension to jail time and a criminal record. At Michigan Defense Law, our team of skilled DUI attorneys have years of experience in DUI defense and can help you understand your legal options. Our attorneys work diligently in building a strong legal defense that can help in obtaining the best possible outcome for your specific case. We are ready to assist you. Contact us today at (248) 451-2200 to schedule a complimentary consultation. via Michigan Defense Law https://www.michigandefenselaw.com/blog/what-is-a-high-bac-for-a-dui/ Interviewer: Let’s talk about no-contact orders or protection orders or restraining orders. How do they work and are they all the same thing? Paul Tafelski, Michigan criminal defense attorney: They’re not all the same thing but they are very similar in what they actually do. A no-contact order is typically a condition of bond and that’s set by the judge as soon as there’s a formal charge filed in almost every domestic violence case. We have had success on occasion getting judges to modify that to no assaultive contact, no abusive behavior, that kind of thing so the parties can still reside together if they both wanted to. But no-contact is typically a bond condition whereas a restraining order or a personal protection order is usually something that is issued in a separate action based upon somebody either threatening or stalking or refusing to stop contacting another person, that sort of thing. And they both have the same effect of saying, person A, you’re not allowed to be anywhere near person B and you’re not allowed to talk to them in any way. The effect of those orders is basically the same but they are technically separate deals for separate issues.
The Courts May Impose Protective Orders Regardless of the Defendant’s Preferences Interviewer: Let’s say the alleged victim doesn’t really care either way about restraining orders or protection orders. Can the court impose them anyway? Paul Tafelski: Yeah they always do. They don’t ask the person whether they want it. They will ask them if the defendant is trying to remove those. They will ask them if it’s ok with them to remove them and they usually won’t remove the no-contact order without their consent but they almost always impose them without their consent or even their input. It is Advisable To Avoid Contact With the Alleged Victim Once Protective Orders Have Been Issued Interviewer: Do you ever see problems where someone tried to contact, let’s say an alleged victim tried to contact the accused, like via text or phone calls? Paul Tafelski: Yes, it happens quite a bit, because often times these people’s lives are totally intertwined and they have children together and they have business interests, and their finances are entangled and it’s pretty hard to continue their lives with no contact and so many times the complaining witness or the victim will try and contact the defendant and it doesn’t get them in any trouble, it gets the defendant in trouble because if you violate the no-contact order then they can revoke your bonds, they can jail while the case is pending. A Defendant Must Be Aware of the Potential Consequences Involved When Responding to Contact Initiated by the Alleged Victim A lot of times people think, ‘alright well, who’s going to know, I can have contact because we need to and she’s the one initiating it or he’s the one initiating it and they text each other or they talk to each other and everything’s fine and then two weeks later, three weeks later they get into another argument and the complaining witness goes and tells the prosecutor that here she’s been having contact with them and next thing you know it’s that defendant who’s having their bond revoked, not the complaining witness who did all the initiation of the contact. You have to be careful because these are very touchy situations. Sometimes things work out and sometimes they don’t and people have to be aware of what can go wrong. Can a Victim Contact the Defendant Without a No Contact Order?If a no-contact order has been issued, it is not advisable for the victim to contact the defendant. This is because violating a no-contact order can lead to the defendant having their bond revoked and possibly even being jailed while the case is pending. While the alleged victim may feel that contacting the defendant is necessary due to intertwined lives, children, business interests, or finances, it is important to understand the potential consequences involved in such actions. It is worth noting that a no-contact order is typically a condition of bond that is set by the judge as soon as there is a formal charge filed in almost every domestic violence case. Judges may sometimes modify this condition to no assaultive contact, no abusive behavior, or other terms that allow the parties to still reside together if they both agree to it. However, the judge may impose a no-contact order even without the alleged victim’s consent or input. A judge also may not remove a no-contact order without the victim’s consent. If you are facing a domestic violence charge or have questions about no-contact orders, it is advisable to consult with a skilled Michigan criminal defense attorney who has experience in handling such cases. At Michigan Defense Law, attorney Paul J. Tafelski and our team of experienced criminal defense lawyers may be able to help you understand your legal rights and options, and work to protect your interests throughout the legal process. Contact us today at (248) 451-2200 to learn more about how we can help. via Michigan Defense Law https://www.michigandefenselaw.com/blog/difference-no-contact-orders-protection-orders-restraining-orders/ There can be no doubt that domestic violence is a serious matter under Michigan’s Domestic Violence Prevention and Treatment Act. However, you are in a very difficult position if the allegations against you are untrue, exaggerated, or based upon ulterior motives. Unfortunately, false accusations of domestic abuse are more common than you think. They are particularly prevalent in divorce or custody cases when one party is trying to gain an advantage in court. Even when you know you are innocent, anger, frustration, and despair may take the place of logic. Do not allow your emotions get the best of you and potentially affect your case. To avoid misconceptions about domestic violence cases, talk to a Michigan domestic violence defense attorney right away. A skilled defense attorney may be able to help you protect your rights and recover from a domestic violence charge.
What Are the Possible Defenses Against a Domestic Violence Charge?Some first-time offenders of domestic violence may be eligible for a special program under Michigan Criminal Law 769.4a. This allows them to enter a guilty plea and that will be treated by the court as probation. The court will order anger management, family counseling, and random drug/alcohol tests as well as other forms of required interventions. However, MCL 769.4a has its limitations:
There are also several defenses that you can use if you are not eligible for this program. These other defenses include:
The life-altering consequences of a conviction, plea, or charge of domestic violence are severe. It is important to find the best Michigan domestic violence lawyer to defend you. MCL 769.4aMCL 769.4a refers to a provision in Michigan Criminal Law that may provide a special program for first-time domestic violence offenders. Under this program, a guilty plea can result in probation. The court can order anger management, family counseling, random drug/alcohol tests, and other forms of intervention as an alternative sentence. However, this option is not available to repeat offenders or for those convicted after a trial. Also, the victim and the prosecutor must consent to this sentence. If a defendant is not eligible for this program, there are still several defenses they can use, such as contesting false accusations, claiming self-defense or protection of others, or questioning the credibility of the accuser. The defendant should only discuss the case with their lawyer and address any underlying issues, such as substance abuse or anger management, which may have led to the accusations. It is also important to keep a distance from the accuser to avoid further allegations. The consequences of charges and a conviction of domestic violence are serious and can lead to jail time, fines, restrictions on freedoms, and an impact on your employment prospects and your relationship with your family. In any case, it is crucial to consult with an experienced domestic violence defense attorney who can safeguard the defendant’s rights during police questioning, investigation, and throughout the judicial process. Contact a Michigan Domestic Violence Lawyer About Defense OptionsIf you have questions about your case and other aspects of domestic violence cases in Michigan, please contact the office of Paul J. Tafelski at (248) 451-2200. You can also visit our website to set up an appointment to review your circumstances. We assist clients in many areas of criminal defense, and we are committed to protecting your rights. via Michigan Defense Law https://www.michigandefenselaw.com/blog/accused-domestic-violence/ |
About UsIf you or a loved one is facing criminal charges, it can be a traumatic and confusing time. That's why it's crucial to have a skilled and compassionate attorney by your side who will work tirelessly to protect your rights and defend your case. With Paul J. Tafelskj on your side, you can have peace of mind knowing that you have a tenacious advocate who will fight for you every step of the way. FIND US ONLINE Bitly Box Diigo Dropbox Evernote Postach.io Histre Inoreader Instapaper Nimbus OneDrive Onenote Raindrop.io Todoist Toodledo Trello Tumblr Weebly Wordpress Blogger Google Drive Youtube Map Related Links About.me Behance.net Dribbble.com taplink.at Gravatar.com Carrd.co Minds.com Justpaste.it issuu.com Linktr.ee Solo.to Pearltrees Follow.it 500px Feedspot Shutterfly Skillshare Feedly Alltop Feeder Bloglovin Netvibes Mystrikingly Archives
January 2023
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