Increased Police Patrols Looking for Drunk Drivers this St. Patrick’s Day

Mark Mandell, Esq.

St. Patrick’s Day is just around the corner and is undoubtedly one of the biggest drinking days of the year. Be assured that police and state troopers will be on high alert March 17 throughout the day and night, making sure that everyone gets to their St. Patty’s Festivities safely.

Not only is drunk driving extremely dangerous, but there are hefty consequences associated with drunk driving. A person is considered “over the limit” if they are operating a vehicle with a BAC of .08 or greater. There are enhanced penalties for “Super Drunk Driving” if an individual’s BAC is 0.17 or higher.

The severity of the penalties depends on what number offense it is and the level of intoxication. The penalties include the following:

• If BAC is below .17 and it is a first offense the penalties includes up to a $500 fine and Up to 93 days in jail;
• If BAC is above .17 and it is a first offense the penalties includes up to a $700 fine and 180 days in jail;
• If it is a second offense within 7 years the penalties include one or more of the following: a $200 to $1000 fine and/or 5 days to 1 year in jail;
• If it is a third offense within a lifetime the offense is considered a felony and the penalties include one or more of the following: a $500 to $5000 fine, 1 to 5 years imprisonment and/or probation with 30 days to 1 year in jail;
• Additionally, convicted drunk drivers are subject to a $1,000 penalty for two consecutive years under the Driver Responsibility Act, for a total of $2,000 in additional costs.

You should contact an experienced Michigan drunk driving attorney if you find yourself facing charges. There are a number of strategies that could be used to lessen the consequences, help you keep your license or get it reinstated more quickly, depending on your individual circumstances. Fausone Bohn’s Michigan criminal defense and drunk driving attorneys have experience navigating a variety of cases.

There are a number of safer alternatives to drunk driving, including designating a sober driver, calling a friend, taking a cab or getting an Uber. Be sure to put safety first this St. Patty’s Day.

If you are charged with drunk driving, or have questions about drunk driving laws in Michigan, contact experienced criminal defense attorney Mark Mandell at 248-468-4536 or online at www.fb-firm.com.

Fausone Bohn, LLP has assisted clients pulled over for drunk driving and other driving infractions throughout southeast Michigan, including Detroit, Ann Arbor, Northville, Novi, Livonia, Canton, Farmington, and Royal Oak.

Implied Consent: Know the Rights You Don’t Have Behind the Wheel

Mark Mandell, Esq.

While the New England Patriots are wrapped up in “Deflategate” leading up to this year’s Super Bowl, you don’t want to find yourself in trouble on Super Bowl Sunday for drinking and driving. If you are the driver of a vehicle in Michigan, you are considered to have consented to BAC test.

Before heading to a friend’s party or out to the bar to have drinks and watch the game, there are some important points everyone should keep in mind if you’re thinking of getting behind the wheel, in addition to having a designated driver.

Under Michigan’s Implied Consent Law, all drivers are considered to have given their consent to chemical tests to determine their Blood Alcohol Content (BAC). It does no good to refuse a BAC test, as there are significant penalties.

First of all, if you refuse the test, six points will be added to your driver’s record and your license will be automatically suspended for one year. This is a separate penalty from any subsequent convictions resulting from the traffic stop. Secondly, there is always a judge on-call for the police to get a warrant for a blood-draw.

Further, if you refuse a test, or if the test shows your BAC is 0.08 or more, your driver's license will be destroyed by the officer and you will be issued a paper permit to drive until your case is resolved in court.

If you are arrested a second time in seven years and again unreasonably refuse the test, six points will be added to your driver record and your license will be suspended for two years. 

The suspension may be appealed to the Traffic Safety Division, but the request for a hearing must be submitted within 14 days – if you do not submit a request for a hearing, your license will be automatically suspended.

Implied consent hearings place a huge burden on the accused, but there are ways to soften damages in the process.

The implied consent hearings are conducted by attorneys from the Department of State. You must show that the refusal to take the test was not unreasonable – and this is extremely difficult to prove. However, the Michigan Supreme Court has ruled that you may request a call to your attorney before submitting to a breath test (Hall v. Secretary of State, 1975): if you are not allowed this opportunity, you may reasonably refuse a breath test.

You should also be informed about the “One Hour Rule,” whereby you generally have one hour to change your mind about submitting to a test. For example, if you refuse at first, but change your mind 15 minutes later, then you have not unreasonably refused the test.

Although the burden of proof is incredibly difficult to overcome, first-time offenders can petition the circuit court for a restricted driver’s license. You can also appeal any legal defects in the implied consent procedure to the circuit court. Having an experienced and knowledgeable attorney at your side to fight for your rights can make a huge difference.

If you have been charged with drinking and driving or refusing to take a breath test, contact defense attorney Mark Mandell at (248) 380-0000 or online at www.FB-Firm.com.   

Police Patrols will be Watching for Drunk Drivers on Thanksgiving Holiday

Mark Mandell, Esq.

As another holiday approaches with Thanksgiving, police officers across the state will be keeping a closer eye out for drunk drivers, especially on Michigan’s highways. Between football and the copious amount of food eaten on Thanksgiving, there are also copious amounts of alcohol consumed on this holiday in particular.

As you always hear about tragic accidents happening around this time of year, the message of not drinking and driving is worth repeating. Throw in the worsening road conditions as winter approaches, and alcohol and driving can be a particularly deadly combination.

Not only is drunk driving extremely dangerous, but there are hefty consequences associated with drunk driving. A person is considered “over the limit” if they are operating a vehicle with a BAC of .08 or greater. There are enhanced penalties for “Super Drunk Driving” if an individual’s BAC is 0.17 or higher.

The severity of the penalties depends on what number offense it is and the level of intoxication. The penalties include the following:

• If BAC is below .17 and it is a first offense the penalties includes up to a $500 fine and Up to 93 days in jail; 
• If BAC is above .17 and it is a first offense the penalties includes up to a $700 fine and 180 days in jail;
• If it is a second offense within 7 years the penalties include one or more of the following: a $200 to $1000 fine and/or 5 days to 1 year in jail; 
• If it is a third offense within a lifetime the offense is considered a felony and the penalties include one or more of the following: a $500 to $5000 fine, 1 to 5 years imprisonment and/or probation with 30 days to 1 year in jail;
• Additionally, convicted drunk drivers are subject to a $1,000 penalty for two consecutive years under the Driver Responsibility Act, for a total of $2,000 in additional costs.

There are a number of safer alternatives to drunk driving. Safer alternatives include: designating a sober driver; calling a friend; taking a cab; walking or staying over the night at a family or friend’s home.

If you are facing drunk driving charges, or have questions regarding the law, contact experienced criminal defense attorney Mark Mandell at 888-674-1189 or online at www.MichiganFraudLawyer.com.

Staying Above Water: What You Need To Know About Drinking While Boating

Mark Mandell, Esq.

As we approach Labor Day, many Michiganders will be flocking to their cottages and their boats for the final time this summer. Michigan actually has one of the highest rates of boat ownership per capita in the nation.¹

And have you ever stopped to think, “Is it really legal to drink while driving a boat?” If you’ve been a spectator at Jobbie Nooner at Lake St. Clair, MI, surely this thought might have crossed your mind at some point.

The short answer is, yes. It is lawful to drive a boat with an open container or two of alcohol. But you have to be careful not to cross the line.

Indeed, the rules for drinking and boating differ in some important ways from drinking while driving. The laws for drinking while boating are governed by the Marine Safety section of Michigan’s Environmental Protection Act

Many Michigan boaters will be surprised to find out that the legal limit for Blood Alcohol Content (BAC) on the water is .10, as opposed to .08 on the roads.

Further, Zero Tolerance laws do not apply on the water as they do on the road. That means you cannot be charged for boating while intoxicated (BUI) if you have taken a prescription medication, and boaters under 21 are held to the same standards as adults.

All this might sound great and more lenient, but boaters should also take caution. When you’re out in the sun all day, just a few drinks could get you to that .10 threshold quickly if you don’t hydrate with water. And just like on the roads, there’s implied consent on the water. (Check out our Fraud Blog’s latest post on Implied Consent in Michigan: click here)

Under implied consent on the water, when you get behind the wheel of a boat you are considered to have consented to a BAC test. Even if you don’t take a breathalyzer test, you can still be detained and taken back to shore if you appear to be disorientated, confused, smell of alcohol, or were driving recklessly.

It’s also important to note that these laws not only apply to boats. Jet skis, kayaks, canoes, and any other type of water craft that can be used for transportation fall within the reach of these laws.

It is also unlawful for the owner of a vessel to allow anyone else to operate their vessel if that person is under the influence of alcohol or drugs.

The penalties for a BUI? 

• For a first conviction, up to 93 days in jail, 45 days of community service, a fine of up to $500, or any combination of those penalties.
• Another offense within seven years may lead to jail time up to one year, with a minimum of 48 hours of consecutive jail time, fines ranging from $200-$1,000, and up to 90 days of community service.
• Upon a third conviction within 10 years, a person will be guilty of a felony, saddling you with a punishment of no less than one year and up to five years of jail time, a fine of $500 to $5,000, or both.
• Enhanced penalties for causing death or disfigurement for another are sentences of up to 15 years and 5 years respectively. 

It’s important to note that a prior drunk-driving offense cannot be used to enhance a drunk-boating offense, and vice-versa. And while drunk driving offenses have a lifetime “look back” period for felonies, the drunk-boating look back period cuts off at 10 years.

So if you and your family head out on the water this summer, as many Michigan families do, boat safely and drink responsibly. A few Corona and limes on a nice summer day could get you into more trouble than you think if you’re not careful, even with a BAC limit of .10 on the water.

¹ Keeping Your Head Above Water in Drunk Boating Cases, Patrick Barone. https://www.michbar.org/journal/pdf/pdf4article1300.pdf

Police Patrols will be Watching for Drunk Drivers on July Fourth Holiday

Mark Mandell, Esq.

As another holiday approaches with the Fourth of July, police officers across the state will be keeping a closer eye out for drunk drivers, especially on Michigan’s highways. Summer holidays are a very busy time for travel and officers will be making sure that everyone gets to their family gatherings safely.

Not only is drunk driving extremely dangerous, but there are hefty consequences associated with drunk driving. A person is considered “over the limit” if they are operating a vehicle with a BAC of .08 or greater. There are enhanced penalties for “Super Drunk Driving” if an individual’s BAC is 0.17 or higher.

The severity of the penalties depends on what number offense it is and the level of intoxication. The penalties include the following:

• If BAC is below .17 and it is a first offense the penalties includes up to a $500 fine and Up to 93 days in jail;
• If BAC is above .17 and it is a first offense the penalties includes up to a $700 fine and 180 days in jail;
• If it is a second offense within 7 years the penalties include one or more of the following: a $200 to $1000 fine and/or 5 days to 1 year in jail;
• If it is a third offense within a lifetime the offense is considered a felony and the penalties include one or more of the following: a $500 to $5000 fine, 1 to 5 years imprisonment and/or probation with 30 days to 1 year in jail;
• Additionally, convicted drunk drivers are subject to a $1,000 penalty for two consecutive years under the Driver Responsibility Act, for a total of $2,000 in additional costs.

There are a number of safer alternatives to drunk driving. Safer alternatives include: designating a sober driver; calling a friend; taking a cab; walking or staying overnight at a family or friend’s home.

If you are facing drunk driving charges, or have questions regarding the law, contact experienced criminal defense attorney Mark Mandell at 888-674-1189 or online at www.MichiganFraudLawyer.com.

Lower BAC for drunk driving on the way?

Mark Mandell, Esq

According to the release of the Michigan Annual Drunk Driving Audit, the number of drunk driving arrests in Michigan increased in 2012, as did the number of fatalities and injuries. 

 

Last year, the state made 37,182 alcohol- and drug-related driving arrests.  Deaths resulting from drug and alcohol induced crashes increased 7.2%, from 319 in 2011 to 342 in 2012.  Non-fatal injuries also increased.

While there was an increase last year, the overall trend in Michigan is positive – over the past 5 years, the number of traffic deaths involving alcohol has decreased 11.4%.

However, many believe Michigan’s drunk driving numbers are still too high and more needs to be done to deter this conduct.  For instance, the National Transportation Safety Board (NTSB) released its May 2013 Safety Report and advocates for decreasing the per se Blood Alcohol Content (BAC) limit from 0.08 to 0.05.

According to the report, studies have shown that a decrease in the BAC limit down to 0.05 reduces traffic fatalities by 8-12% for people ages 18-49.  In fact, more than 100 countries have established maximum per se BAC limits at or below 0.05 – including 25 of the 27 EU member countries.  Many traffic safety and public health organizations view BAC levels higher than 0.05 as posing an unacceptable risk for driving.

Opponents to the lower BAC limit point out that the majority of alcohol-impaired drivers in fatal crashes have BAC levels significantly higher than 0.08.  However, according to the NTSB, lowering the per se BAC limit changes the drunk-driving behavior of drivers at all BAC levels.  As a consequence, reducing the limit could reasonably be expected to have a broad deterrent effect on all drivers. 

Whether the per se BAC limit gets lowered is in the hands of the legislature; however, despite NTSB’s recommendation, there are no pending bills taking such action.  If you are facing drunk driving charges, or have questions regarding the law, contact experienced criminal defense attorney Mark Mandell at 888-674-1189 or online at www.MichiganFraudLawyer.com.

The Evolution of Drunk Driving

Mark J. Mandell, Esq.

Recently, a principle of one of Michigan’s elementary schools was arrested with charges of Super Drunk Driving. Passed in 2010, the new ‘Super Drunk’ law has created harsher penalties for those driving with a BAC of .17% or higher.

In comparison to a regular drunk driving charge, those convicted of being “super drunk drivers” can face up to 180 days in jail, are required to complete an alcohol treatment program, pay up to $700 in fines and are not allowed to drive for 45 days following the incident. On top of all of that, their driving is further restricted for 320 days with the implementation of an ignition interlock device that prevents the vehicle from starting if alcohol is detected on the breath.

While these penalties may seem harsh, alcohol-related traffic accidents account for nearly one-third of all traffic-related deaths in the United States. Each year, tens of thousands of people are killed in such crashes – despite their preventability.

In recent years, Michigan has seen a fall in the rates of alcohol-related arrests; however, it is hard to say whether this trend is a direct result of the new laws and associated penalties or the police force’s loss in manpower due to budget cuts. The Michigan Office of Highway Safety Planning has stated that by advertising and warning the public about the dangers and costs of drunk driving, people are thinking twice before getting behind the wheel while drunk.

To learn more about Michigan’s drunk driving laws, or if you yourself have been charged, please visit: www.michiganfraudlawyer.com or contact Mark Mandell at (248) 380-9976.

Operating While Parked

Mark Mandell, Esq.

A recent Court of Appeals case shows Michigan drivers that ‘operating’ a vehicle in the context of an OWI/DUI can mean more than one might think.

In City of Plymouth v. Longeway, Brittney Longeway had just left a bar for the evening and was sitting in her car, parked legally in the parking lot. After turning on the car Longeway shifted into reverse and back into park, and did so without ever moving the car. Having seen this, an officer arrested Longeway for operating a vehicle while under the influence of alcohol; OWI/DUI.

Longeway moved to dismiss the charges, stating she had not ‘operated’ the vehicle because the car never moved and although the circuit court agreed with Longeway on her first appeal, the Michigan Court of Appeals reversed.

By distinguishing the case from People v. Wood, where the driver was asleep at the wheel of a parked car while impaired, the appellate court stated that Longeway had ‘actual conscious control’ of the vehicle at all times. The court reasoned that since Longeway had consciously applied the brake, shifted the car into reverse and back into park, she had ‘operated’ the vehicle sufficiently under MCL 257.35a.

Although the court stated that it was strictly following MCL 257.35a, numerous defense attorneys questioned about the case feel that the law is dealing with a very slippery slope here. It seemed to some that Longeway had been arrested for her apparent ‘intent’ to operate the vehicle; a significant difference from actually operating it.

Despite these concerns, the court found Longeway displayed ‘active physical control’ of the vehicle and supported her charge of OWI/DUI.

To learn more or see the original article, please visit: http://milawyersweekly.com/news/2012/04/09/woman-charged-for-operating-parked-vehicle/

If you have questions in this area of law, contact Mark Mandell at (248) 380-9976.