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Articles Posted in OWI

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Trump Plan Would Place Lansing Toxicology Lab Under Federal Control

President Trump’s Department of Justice has proposed a new Office of Forensic Science and Forensic Science Board within the DOJ. This new board would have governing authority over all of Michigan’s forensic labs, including the Toxicology lab located in Lansing.  Nearly all drivers arrested for intoxicated driving and subjected to…

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What it Means to “Operate” a Vehicle In the Context of a Michigan DUI Charge

In some situations, the police can charge you with drunk driving in Michigan even if the police never saw you driving your car.  However, the legal analysis in these cases is very fact specific, and the law is quite complex.  In some situations, courts have upheld convictions when the police…

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Driving Under Influence of Marijuana and Implied Consent in Michigan

If you’ve used medical marijuana in Michigan, drive your car, and are stopped by the police, you can be charged with OWI or “operating while intoxicated.”  This is because Michigan’s drunk driving statute, found at Michigan Compiled Laws 257.625, indicates in part as follows: As used in this section, “operating…

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Michigan Saliva Drug Test Program Delayed Until Spring

Michigan passed a law such that beginning in September 2016 police were going to start testing a salvia drug swab.  Apparently, however, the technology has not caught up with the law, and so, according to Mlive, the program is being delayed.  An MSP spokesperson said the program isn’t likely to…

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What is Statute of Limitations for Drunk Driving Cases in Michigan?

According to Michigan Compiled Laws 767.24, the Statute of Limitations for a drunk driving case in Michigan is 6 years.  However, under certain circumstances this time period can be extended.  Also, although the limitations period is 6 years, according to Michigan case law, prejudice is presumed after only 18 months. …

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The Role of Search and Seizure in The Prosecution of DUI Cases

What Follows is a draft excerpt from The Legality of Search and Seizure in DUI Cases, 2016-2017 ed.: Leading Lawyers on Leveraging Science and Process to Develop Winning Defense Strategies (Inside the Minds): Evidence collected from search and seizure plays the starring role in the prosecution of DUI cases, and in…

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Legal Alcohol Driving Limit

Blood Test Drunk Driving | Michigan DUI Attorney When investigating a possible case of driving under the influence, the police may ask you for a sample of your breath or blood. Breath testing remains the most common type of chemical testing, but DUI blood tests are becoming more common. If…

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