If some lawmakers get their way, Michigan will become the first state to allow law enforcement to test for drugs when they suspect a driver is under the influence. Similar to breath tests used in suspected DUI cases, these tests would reportedly alert cops to the presence of illegal drugs in a suspect’s body. [read more...]

The 2007 Drunk Driving Audit, which is an annual report compiled by the Michigan State Police in concert with Michigan Department of State and Michigan Department of Transportation documenting arrest, accident, injury, and fatality information from all Michigan counties, indicates there was a 13% drop in alcohol/drug related fatalities from 2006 to 2007 (440 to 382), which is a 10 year low.  There were 49,867 alcohol/drug related driving arrests in 2007 which is 3,500 less than 2006.

Further, 47,267 of the 2007 arrests resulted in convictions of operating while intoxicated (OWI) or impaired driving, which is almost 95%. (see http://www.michigan.gov/msp/0,1607,7-123-1586_1710-195921–,00.html ). Only, 776 convictions, less than 2%, were reduced to non-alcohol related offenses, such as Reckless Driving or Disorderly Person. (see page 485 of Audit).  The remainder were dismissed or resulted in acquittals.

However, what the Audit fails to indicate clearly is the number of repeat offenders contained within this data.  Therefore, despite reduction in arrests, the question arises whether the appropriate sentence has been ordered to help curb these numbers, or even whether there were intervening factors such as less police presence because of cut-backs.  As to sentencing, there is a mixed ideology on this very sensitive issue.  Is Jail appropriate? Is rehabilitation appropriate?  Is a vehicle interlock (breathalyzer) appropriate?  [read more...]

On December 19, 1008, Michigan Enrolled Senate Bill 1134 passed both houses of Michigan’s Legislature, and is now awaiting the Governor’s signature. Known as the “Super Drunk” bill, this legislation amends several sections of Michigan law, and most notably adds a new crime for drivers with a bodily alcohol content (BAC) of .17 or greater. Under this new statutory definition of operating while intoxicated these high BAC drivers are required to have a breath alcohol ignition interlock device (BAIID) placed on their vehicle. This new law will not take effect until October 31, 2010.

Under the bill high BAC drivers are subjected to other more punitive sanctions. For example, a first offense high BAC drunk driver’s license is suspended for one year. The first 45 days of this year is considered a “hard” suspension, meaning absolutely no driving is allowed. During the remaining 320 days the offender is entitled to restricted driving privileges, but must have an ignition interlock device placed on their car during this period. Fines are increased to $200.00 – $700.00, and potential jail time is increased from up to a possible 93 days to as much as 180 days. The court must also order a mandatory minimum one-year alcohol treatment program. The high BAC sanctions only apply to first offenders – repeat offender sanctions remain unchanged.
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In a first-of-its-kind study, the Substance Abuse and Mental Health Services Administration (SAMSA) has determined that Michigan ranks near the top of the list of the states with the most instances of drunk or drugged driving. Michigan came in at number eleven, and according to the report, as many as 19% of Michigan’s drivers aged 18 and above unlawfully drove under the influence of either alcohol or drugs last year. The study, which examined a period between 2004 and 2006, calls upon States to use “their efforts and resources to address this preventable menace.”

What is interesting to note about this study is that it followed almost immediately on the heals of Michigan’s 2003 re-write of the State’s drunk driving laws. In this package of changes the State promised to lock-up repeat drunk drivers and in some instances to revoke their licenses for life. This study proves that the threat of punishment does little to actually curb or deter behavior. Clearly as a society we must employ other means to address this societal problem. One answer might be sobriety courts. In 2007 the Michigan Supreme Court released its study entitled “Michigan DUI Court’s Outcome Evaluation.” (see http://spa.american.edu/justice/documents/2352.pdf). This study lauds the effectiveness of treatment in preventing recidivism, especially when sobriety courts are compared with incarceration.

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The Michigan state senate approved a measure last week to require the installation of an ingintion interlock device in cases of a 1st offense OWI conviction with a BAC result of .15 or higher. The house may act on this proposal to enact it into law next week in the lame duck session of the legislature.

An ignition interlock device is a system that requires a clean, alcohol-free breath sample for a car to start. This “rolling breathalyzer” system is a common penalty in Michigan Second Offense OWI convictions.

Critics argue that such systems are easy to thwart, by driving a vehicle without an IID, or having someone else provide a breath sample. However, both such examples would be additional criminal offenses under Michigan OWI laws. And newer systems are able to take a photo of the person providing the sample at the time of the test, to insure that it is the required licensee passing this test.

High BAC laws that require ignition interlock devices as a condition of license reinstatement are becoming more commonplace nationwide. Many experts believe an IID to be both more effective at reducing drunk driving and more fair than license suspensions in cases of people with multiple OWI offenses.

According to the National Highway Traffic and Safety Administration (NHTSA), more than half of all alcohol related deaths are in cases where the driver records a .15 or higher BAC. The legal limit for Blood Alcohol Content nationwide is .08%.

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If you are accused of drunk driving, OWI, or any other criminal offense in Michigan, please contact our attorneys to take advantage of out free criminal case evaluation offer. Just becase you are arrested doesn’t mean you are guilty.

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More coverage here.

Following up on the previous news about Davenport University president Randolph Flechsig who was arrested on Drunk Driving charges last month, and claimed to not be drunk, but to have been suffering from a diabetic episode. After his blood test results were revealed, Mr. Flechsig apologized for his handling of the incident, and having “jeapordized the trust” of the students at his school.

Tests showed his blood alcohol content at the time was .09%, above the legal limit of .08% set by Michigan OWI laws, and the standard nationally. His initial claim was that his blood test would establish that he was not impaired or over the limit at the time of his arrest.

He is expected to plead guilty in court today.

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If you are charged with a drunk driving OWI offense in Michigan, please contact our attorneys today for a case evaluation. We can help you defend your license, and protect your rights and freedom in court. The consultation is free.

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Ref: Mlive, WZZM