If you’ve been arrested for DUI in Michigan, you’re likely feeling anxious and uncertain about what comes next. The penalties for a DUI conviction can be severe, but knowing what to expect can help you prepare.

In a Michigan operating while intoxicated case, also called OWI/DUI, the penalties will be based on the severity and nature of the offense, and your prior record. Possible penalties include jail time, license suspension or revocation, fines, costs, community service and probation.

Understanding DUI Penalties in Michigan

If you were arrested for OWI in Michigan the police may have tested either your breath or blood for the amount of alcohol. If your blood level is above the legal limit of .08 in Michigan, then you can end up losing your driver’s license and could even end up going to jail.

How to get a copy of a DUI blood test. Michigan DUI lawyer. Drunk driving blood test.
Your blood alcohol content (BAC) will be reported in a report. You can get your DUI blood test results by contacting the police department that arrested you for drunk driving. They may be unwilling or unable to provide you with the results.

If you can’t get your DUI blood test results from the police, then you’ll have to find out where the blood was tested, and contact the lab. Most chemical testing for a DUI involving alcohol or drugs or will tested by the Michigan State Police Forensic Lab in Lansing. If you were arrested for OWI in Oakland County Michigan, your blood was probably tested by the Oakland County Sheriff’s forensic lab.

Marijuana DUI, OWI Cannabis, Michigan OWI Weed LawyerMany people ask us if you can get a DUI for being high? The answer is yes, you can get a DUI in Michigan for being high on Marijuana. If you use cannabis for medical or recreational purposes, you might wonder “how do cops test for a weed DUI? Police officers will use the same kind of roadside tests used for one involving alcohol. So from this perspective there is little difference in a DUI with weed vs. alcohol.

Without getting to technical, one difference is that a DRE officer might be involved if the cops suspect marijuana impairment. Another difference is that there is currently no DUI breath test for weed.

There also is currently no legal limit for THC in the blood for DUI. However, the police will want to know your blood THC level for the DUI. This means more lawyers are being called upon to understand the complexities of forensic blood testing.

Michigan Federal Criminal Defense Attorneys

The Barone Defense Firm consists of some of Michigan’s top Federal Criminal Defense Lawyers. Lead Federal Attorney Keith Corbett is a former United States Attorney. He has been practicing federal criminal law for more than 35 years, and has received numerous awards for his skillful federal practice.

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Federal Criminal Defense Team

pexels-photo-1134204-300x207There are many possible legal defenses available to a child pornography attorney. An investigation for the alleged possession, distribution, or production of a photo or video containing child pornography, can lead to charges in either the State or Federal Systems. Sometimes, you can be charged in both systems.

If you’re facing charges involving this material, sometimes called CSAM in Michigan, then you will need to hire a child pornography defense lawyer to avoid prison time and Sex Offender Registration.

Who Prosecutes Child Pornography in Michigan – State or Feds?

What to Know About the Sex Offender Registry in Michigan

When Is SORA Registration Necessary in Michigan?

In the past, many violations that would trigger sex offender registration were prosecuted under the old Sex Offender Registration Act (SORA) even when the violation was a result of a mistake, ignorance, or unintended violations. If this has happened to you, then you’ll definitely want to hire a Michigan sex crimes attorney to help. Here is some more useful information for you to know about SORA:

How Can a Sex Crimes Lawyer Near Me Help Avoid SORA?

A top sex assault lawyer can help you avoid the Sex Offender Registration Act (SORA) in many different ways. Before we get to that, let’s first talk about SORA, particularly the newest version of SORA in Michigan.

SORA, which is also known as the sex offender registration act, applies to most forms of criminal sexual conduct. If you are facing a sex crime allegation, then you are also facing possibly being listed on SORA. This is also sometimes called sex abuse. If you are facing the kinds of allegations, indecent exposure, you will need a criminal defense attorney well versed in this complex area of law to assist you minimize or avoid the consequences.

The Barone Defense Firm is pleased to announce that Madeline Barone will be attending Northwestern Pritzker School of Law this fall. Madeline is currently a paralegal at the firm.

Northwestern Law School, located in Chicago, Illinois, was founded in 1859. Since that time, Northwestern has continued to develop its standing as an elite law school, consistently being ranked among the nation’s top law schools. For example, Northwestern is a T-14 law school, meaning it is consistently among the top 14 law schools that are ranked in U.S. News & World Report. In fact, the law schools listed in T-14 are the only schools to have ever been in the top 10. Because of their high status, graduates of T-14 law schools are typically employed in the highest levels of government, the most prestigious Big Law firms, or hold C-level positions at Fortune 500 corporations. Madeline intends to pursue Northwestern’s Environmental Law concentration with the goal of future leadership in international environmental law and governmental policy.

Madeline began pursuing a career in environmental law as an undergraduate student. She is a 2019 honors graduate from the University of Illinois at Urbana-Champaign, with a B.S. in Environmental Science and a B.S. in Psychology. She also is well-versed in Mandarin Chinese, with six years of formal Mandarin education. Due to her diverse academic background, Madeline is hoping to combine her knowledge of the environmental and energy sector with her Mandarin language skills to specialize in international environmental law.

Why Does Michigan’s Law of Implied Consent Exist?

The first DUI laws went in the books all the way back in the 1950s when cars where just starting to become very common. Back then, there were no breath tests, so that law enforcement tool in a DUI investigation was not available to police officers. That only happened ten years later, in the 1960s. Technology has improved a lot since then, and the law has changed too, because the law of implied consent is younger than the first breath tests. Back in the “olden days” people could refuse a breath test in a drunk driving case without an possible sanction. That is no longer true, and today, there are serious consequences if you unreasonably refuse to to a breath test.

The Michigan Law of Implied Consent

Michigmichigan drunk driving field sobriety testan law provides that for every person convicted of drunk driving must be subjected to substance use evaluation prior to sentencing. More specifically, Michigan Compiled Laws sec. 257.625b indicates that such individuals must undergo a screening and assessment to determine if the person would benefit from “rehabilitative services,” which may include such things as alcohol or drug education or treatment programs.

A conviction for operating under of influence of drugs has a similar requirement. This is because Michigan statutory law calls drunk driving “operating while intoxicated” (OWI). Drinking and driving is not against the law. To violate Michigan’s OWI law a person must be driving under the influence of drugs or alcohol. If you operate a vehicle after drinking enough alcohol to become intoxicated, or consume enough drugs to become intoxicated, then you’ve committed the offense of drunk driving. In other words, DUI and OWI are essentially the same thing.

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