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Almost since the uniform adoption of the automobile in the early 20th Century, drunk driving has been a vexing problem. After World War II, as the population began to move to the suburbs and the two-car garage become standard, instances of drunk driving increased. A couple decades later, Mothers Against Drunk Driving become one of the strongest, most influential, and most successful political action committees in all the land. Most recently, MADD has begun to champion Breath Alcohol Interlock Devices, or BAIIDs, as the panacea needed to end drunk driving.

History of HR 3011 Proposing to End DUI by 2024

There have been multiple attempts by both parties in the federal government to pass legislation that would require the mandatory use of BAIIDs. The most recent incarnation of these efforts manifests in a bill that would require BAIIDs in motor vehicles by 2024. Prefaced with the desire to “[T]o improve the safety of individuals by taking measures to end drunk driving”, H.R. 3011 is sponsored by Rep. Kathleen Rice, a Democrat from NY and supported by Senators Tom Udall (D-New Mexico) and Rick Scott (R-Florida) and Representative Debbie Dingell (D-Michigan). The Bill, originally submitted in 2019, seeks to force automotive manufacturers to install systems that would prevent a vehicle from being started if the driver was above a .08.  These bills represent the latest attempts to force untested and unreliable equipment into our motor vehicles, with little regard for the severe consequences that could potentially follow.

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Provided you did not drink enough of the wine to become impaired or intoxicated, the only potential ramifications of driving home with your unfinished open bottle is that you could be charged with possessing or transporting open intoxicants in a motor vehicle. This crime is often simply called “open intox” or “open alcohol in a car.” Avoiding this charge is easy if you know the law. So, before we discuss how to avoid picking up a charge for open intoxicants in a motor vehicle, let’s first make sure you understand the law.

Michigan Penalties for Open Intoxicants in a Motor Vehicle

In Michigan it is illegal to possess or transport alcohol that is open, or uncapped, or where the seal has been broken within the passenger area of the car. ‘Open’ most often refers to a can where the tab has been popped, or a cup that contains alcohol. ‘Uncapped’ refers to a bottle top that has been removed.  ‘Broken seal’ refers to a twist of cap, or similar top, or cork that has been opened previously and replaced. The ‘passenger area’ means any area that is readily accessible to the driver or a passenger(s) from their seats, including the glove compartment and center console.

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The Sex Offenders Registration Act is known as SORA.  SORA was enacted pursuant to the legislature’s exercise of police power of the state.  Its intent is to monitor persons that are believed to pose a potential danger to the people of the state. Sora is a database that contains the names and addresses of individuals convicted of certain sex crimes. In Michigan, the Michigan State Police (MSP) is the agency established by the Act to be the keeper of the registry and repository.  The Michigan State Police local posts, and other local county and city/township law enforcement agencies, serve as the locations for the offender to register.  The frequency of reporting, the number of years of reporting, and whether the information is public or private, is dependent upon the type of conviction for the offender and is categorized by Tiers.

What are Tiers?

In Michigan, sex crime offenses are categorized into three Tiers.  Tier 1 is the least serious, and Tier 3 is the most serious.  The more serious the offense, the more frequent and longer the individual is required to report/register.

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On May 11, 2020, a Southwest Michigan prosecutor arrested for DUI after crashing his car. He was later observed pouring  liquid out of a container in an apparent attempt to conceal evidence.  The container was later determined to have contained alcohol, and so the prosecutor was charged with open intoxicants as well as drunk driving.

If Convicted of DUI in Michigan He May End Up in Jail

The potential penalties for a first offense DUI, called OWI or Operating While Intoxicated in Michigan, include a maximum penalty of up to 93 days in jail. Additional sanctions include a fine of up to $500 fine, court costs and cost recovery, in addition to a crime victim rights fee and a judgement fee.  On top of this, if convicted of DUI this prosecutor is likely to serve a term of probation, be ordered to complete up to 45 days of community service, be ordered to complete some form of counseling and could even lose his car through vehicle forfeiture.

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The short answer is – immediately.  When it comes to sex crimes in Michigan, you should never take a “wait and see” approach. Sex crimes are taken very seriously in Michigan and carry with them severe penalties including long periods of incarceration.

Plus, sex crimes investigations are often extensive and could take weeks or months before any official charges are authorized. Authorized means an official charge against you, which usually begins when the investigating officer submitting their findings or report to the county prosecutor to review and approve, or authorize.  If the prosecutor approves, the officer will then appear in court before a Judge or Magistrate and “swears to” a warrant for your arrest.  Once the Judge or Magistrate sign it, there will now be a Felony Arrest Warrant for you.

If you have done something that might make you susceptible to a Criminal Sexual Conduct (CSC) charge, or other sex crime or assault, if you are suspicious that someone may be making a complaint against you, and certainly if you have been contacted by police or law enforcement, you must consult and retain an experienced assault and sex crime attorney immediately.

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MI sex crimes lawyer Patrick Barone explains sodomy laws.Michigan Criminal Sexual Conduct, commonly referred to as CSC, is the unlawful sexual assault or touching or penetration of another. In Michigan, there are four separate offenses each defined by the acts of behaviors of the alleged offender.

Each level of offense is called a “degree.” In order to support an allegation, the state must demonstrate a range of factors or legal ideas that are present in each degree of the charge. Such variables may include the age of the victim, the relationship of the perpetrator to the victim, and whether force or coercion was used in the commission of the alleged crime.

Punishment for Michigan Criminal Sexual Conduct

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With the advent of the novel covid 19 virus many officers who arrest suspected Michigan DUI drivers are now worried about the contamination risks associated with a breath test. Obtaining a breath sample places an officer directly at risk for exposure because the officer must do all of the following:

  • Be very near to a DUI suspect as they exhale into the breathalyzer.
  • Look directly into and inspect a DUI suspect’s mouth prior to the blow.
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There are many benefits of hiring a domestic violence lawyer immediately upon hearing of being charged or potentially being charged with domestic violence. First, and foremost, a good attorney will give you your best chance at minimizing the consequences of a domestic violence charge. The consequences of a first offense domestic violence charge include a misdemeanor on your permanent record, up to 93 days in jail, up to a $500 fine, probation including drug and alcohol testing, and being banned from purchasing and possessing firearms. A good attorney will request all evidence, look for defenses and procedural issues, explore diversion programs, and try to get the best result, whether through pre-trial negotiations or trial.

Second, there are things that happen when someone is arrested for domestic violence that create very urgent concerns. Many times, the accused lives with the accuser. The court will place immediate conditions on the accused when released. The court will order the accused not to contact the accuser and, if they live together, not to reside in the home with the accuser. Even if the accuser tries not to press charges, this order may stick. An attorney can try to convince the court to lift the no-contact order. The attorney can also ask the court to allow the accused and accuser to live together again, especially if they share children together. If that’s not possible, the attorney can help their client get belongings from the home needed to live a normal life while the no-contact order is in place.

Lastly, in cases in which the evidence is stacked against the accused, the attorney can explore a Michigan domestic violence diversion program. This program requires people to admit guilt and complete counseling and probation. The advantage of going through the program is that the admission of guilt is kept under seal and never put on public record. Therefore, it will never show up on a criminal record and the person would never have to admit on a job application that they’ve been found guilty of domestic violence. Call right away to get in touch with our dedicated legal team.

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On May 6th, 2020, Secretary of Education and Michigan native, Betsy Devos, issued new rules under Title IX of the United State’s Federal Laws. Title IX is the section of the laws that prescribe more generally any form of discrimination on the basis of sex for any program receive federal funding. The rules and procedures set out under this section of Title IX also apply to domestic violence, sexual assault, stalking, and dating violence. The new rules govern when and under what circumstances colleges and universities may deal with alleged instances of sexual misconduct among students.

When is Sexual Activity Among Students Misconduct?

Devos’s new rules define sexual harassment as unwelcome conduct that is so severe, pervasive, and objectively offensive. This new definition is narrower than that under the Obama administration’s rules. The previous rule required conduct to be severe or pervasive as opposed to severe and pervasive. That one-word difference can be crucial. For example, one instance of sexual harassment may not be enough to trigger a school’s requirement to investigate the claim.  Victim’s advocate groups are not happy with this change and believe that it effectively denies some victims access to the school’s programs.

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When a person is arrested for criminal sexual conduct, they are taken to jail to be fingerprinted, booked, and in most jurisdictions, held until arraignment. The person may, depending on whether the jail officers feel like it, be given a phone call. Next, that person will be taken in front of a judge to be arraigned. At the arraignment, that person will have an opportunity to plead guilty or not guilty and the judge will order bond conditions.

Bond conditions typically include an amount of money the person must pay to be released, no contact with the accuser, and no travel outside the state. The amount of cash bond someone must pay is a significant issue. The bond amount for the most serious sex crimes can be in the tens and thousands of dollars. It can be the difference between never spending more than a few hours in jail versus spending months in jail waiting for a trial because their client or client’s family could not pay the bond.

If a good sex crimes lawyer is at the arraignment the lawyer will try to convince the judge that a minimal bond amount is appropriate and therefore give their client a better chance of being released.

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Contact Information
280 N Old Woodward Ave #200
Birmingham, MI 48009
Phone: 248-306-9158
2155 Butterfield Dr #305A
Troy, MI 48084
Phone: 248-306-9158
39 S Main St #20
Clarkston, MI 48346
Phone: 248-306-9158
Federal Eastern District Court for Michigan has courthouses located in Ann Arbor, Flint, Port Huron, and Bay City, whereas the Western District Court has courthouses located also in in Lansing, Kalamazoo and Marquette in Michigan's upper peninsula. View More

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