Michigan drivers arrested or convicted of drunk driving might be ordered to have a Breath Alcohol Ignition Interlock Device (BAIID) installed on their car. Some judges will require a BAIID to be installed as a condition of bond. Other times, a BAIID can be a condition of probation. With a…
Michigan Criminal Defense Lawyer Blog
History Repeated: The Resemblance Between Medical Marijuana and Alcohol Prescriptions During Prohibition
In history there’s an adage that what’s old is new again. This certainly seems to be the case with Michigan’s Medical Marijuana act which allows a caregiver to legally sell marijuana to a patient bearing a valid prescription. Otherwise, it is illegal to sell, use or possess marijuana. During prohibition…
Does Michigan’s New Law Require Police to Properly Administer Roadside Sobriety Tests?
Nearly all drunk driving arrests in Michigan consist of four parts; (1) some sort of bad driving leading to a traffic stop, (2) roadside or “field sobriety tests,” (3) roadside breath test for alcohol, or saliva test for drugs, and; (4) second breath or blood test to confirm roadside test.…
Michigan Police to Begin Testing Intoxicated Drivers Saliva for Drugs
Michigan DUI laws have recently changed, and beginning in September 2016, Michigan drivers who appear to be driving under the influence of a drug other than alcohol may be required to submit to a preliminary roadside drug test. This preliminary test will be in the form of a saliva test.…
Michigan State Police Admit They Botched 4000 Alcohol Blood Tests
The Michigan State Police have announced that as many as 4,000 alcohol blood tests are flawed due to improper calibration. This means that as many as 4000 people arrested for drunk driving in Michigan could be wrongly convicted of a crime they did not commit. Here’s how the system works:…
Drunk Drivers May Be Ordered to Wear Alcohol Sensing Tattoo
A new Orwellian technology could be used by courts to monitor the consumption of alcohol by alleged drunk drivers. If you are arrested for drunk driving in Michigan, then the court will almost certainly order you to stop drinking. This abstinence from alcohol will be a condition of your bond.…
Drunk Driving Traffic Stops and Interlocks
As originally conceived the United States Supreme Court was intended to be a final check on the police power. And to a lesser extent, so it is with all judges, who collectively form one of our three branches of government. The central goal behind the idea of having three branches…
Are Jail DUI Blood Draws Valid?
If you were arrested for drunk driving in Michigan, then you were probably asked to take either a breath or a blood test. Michigan DUI laws require that such blood draws be performed in a “medical environment.” This term is not defined. In some Michigan municipalities the police will summon…
In Michigan DUI Cases Prosecutors have Duty to Provide Evidence of your Innocence
If you are charged with drunk driving in Michigan the prosecutor has a legal and ethical duty to provide your attorney with any evidence that might be helpful to your defense. This includes things like police reports, witness statements, video recordings or chemical tests. This legal obligation was affirmed in…
Driving Under Influence Drugs Investigations Flawed
If you are stopped under suspicion of drunk driving, and your breath test proves you’re not under the influence of alcohol, you still might be arrested for DUI based on drug impairment. This can include prescription medications. It is illegal to drive a vehicle while under the influence of any…