DUI Category Archives — Page 7 of 7 — Michigan Criminal Defense Lawyer Blog Published by Michigan Criminal Defense Attorney

Caffeine Related DUI Charges and What Constitutes An “Intoxicating Substance” in Michigan

Published on: December 29, 2016 | by Patrick Barone

An attorney in California has been charged with DUI for allegedly driving under the influence of caffeine. The officer who pulled the man over was working on alcohol enforcement when the driver pulled in front of him, cutting him off, and then driving erratically. A roadside breath test showed no alcohol was present in the driver’s body. 18 months later, a blood test was produced only showing the presence of caffeine. Apparently, a motion to dismiss was denied and the case set for trial.

While this case appears to be first of its kind, it’s not likely to be the last. In California, like Michigan, it is unlawful to drive under the influence of any drug, including alcohol. The term “drug” is very broadly defined, and therefore can include caffeine and even less “intoxicating” substances like ginseng.

This is because, as previously discussed, Michigan’s definition of drug includes even things listed in the homeopathic pharmacopoeia. Specifically, Michigan’s drunk driving statute, MCL 257.625(25) indicates that an intoxicating substance means: any substance, preparation, or a combination of substances and preparations other than alcohol or a controlled substance, that is either of the following:

Legal Alcohol Driving Limit

Published on: September 2, 2016 | by Patrick Barone

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 your blood is taken by law enforcement the purpose is to test if for alcohol or drugs. DUI cases involving blood are considered by most DUI lawyers to be more difficult to defend because blood test results are considered to be a more reliable.

Drunk Boating (BUI) in Michigan: Unsafe Waters?

Published on: September 1, 2016 | by Patrick Barone

Despite some current summer-like temperatures the summer has ended, and the boats are being winterized and stored for the year. This is also the time some of the numbers for this past seasons boating under the influence statistics come out.

Michigan is clearly a boating destination for locals and vacationers, and many of our wonderful waterways are ‘loaded’ every weekend.

Although every state has lowered the illegal limit to .08 for operating motor vehicles – mostly based upon a conditioned agreement to receive federal highway funding – boating still remains .10 (as do ORV and Snowmobile statutes). Frankly, not as much attention or concern was focused on boating and alcohol. For example, literally drinking while driving a boat and drinking on a boat are commonly accepted. However, that belief may be changing although the law remains the same