Can An Officer Take Blood Even After a Refusal To Give It?

If you refuse to take a breath, blood, or urine test offered by the police officer after your arrest, he or she cannot take it without your consent. However, in almost every case, an officer will seek a court order, or warrant, for the involuntary taking of your blood by a qualified medical professional. It this case, it would not be illegal for the police to forcibly restrain you at a hospital while a nurse draws your blood. That blood will be set to the Michigan State Police crime lab for analysis of blood alcohol content. However, bear in mind that the proper protocol for taking your blood and for testing it must be done legally in order for the results to be admitted against you in court. Contact Attorney Joseph Awad for a review of your case and an initial determination if the blood draw in your DUI case can be challenged or thrown out.

September 21, 2012

Our Article On First-Offense DUI Laws Up On Gather.com

We have just published an article on Gather.com that gives an overview of Michigan first offense DUI laws. The article explains that in Michigan, driving under influence is a serious crime, and a defendant who was found to operate a vehicle while intoxicated due to alcohol can face heavy fines, license suspensions or even jail time; the offense is even more serious if illegal drugs are involved.

Given the consequences of a DUI arrest, it makes sense to get only the best representation in Michigan, which is why MI DUI lawyer Joseph Awad’s experience with contesting drunk driving charges is invaluable in any DUI case.

September 21, 2012

New article on First offense DUI Laws in Michigan

Check out this article about Attorney Joseph F. Awad’s knowledge of first offense DUI laws and how he can help you receive a favorable legal outcome. If you are facing your first DUI charges, Attorney Awad can often help you minimize or altogether avoid the consequencesof a first offense DUI, including a reduction or elimination of fines, jailtime, and even community service. Click here to learn how he can help you!

September 14, 2012

‘Super Drunk’ Law Targets Drunk Drivers

The Michigan city of Bloomfield Hills has taken another step in the war against drink driving. The city recently voted to put the “super drunk” law into effect locally. The “super drunk” law primarily targets first time offenders which have a BAC level of .17 or higher, which is twice the legal limit—hence the “super drunk” moniker. Those in violation of the law can expect harsher penalties, like fines of up to $700, double jail time and the immobilization of the offender’s vehicle with an in-car Breathalyzer.

The “super drunk” law had already been passed on a state level but now it can be enforced on a local level allowing the city to collect fees from offenders.

Since the penalties for drunk driving are going up it’s even more important to have skilled legal representation. Feel free to contact Michigan DUI lawyer Joseph F. Awad for help with such matters.

March 27, 2012

Underage Drinking and Driving Charges In Michigan

What can underage drivers be charged with in the state of MI if they are caught drinking and driving?

As is the case with many states, there is a zero tolerance policy when it comes to underage drivers and bodily alcohol content. What does “zero tolerance” mean exactly? Zero tolerance means that if a minor registers a level of .02-.07 BAC while operating a motor vehicle in MI, they may receive a Minor BAC charge.

This is not a formal DUI charge, but rather a noted form of drunk driving that goes on minors’ records until they turn 21. Once they turn 21, then this charge cannot be used to demonstrate, for
instance, that a person is a repeat DUI offender. However, if a minor registers over .07 BAC while driving in Michigan, then there is a high likelihood that that person will be charged with adult OWI, which carries with it significantly heavier penalties, and can serve as evidence of a repeat OWI offender.

In terms of defense, fortunately, the burden of proof is on the prosecutor. The barrier to proof is notable; a prosecutor must prove “beyond a reasonable doubt” that a minor was operating a vehicle
while under the influence of alcohol. This is the highest possible burden of proof for such cases, as these charges can result in the deprivation of liberties. An experienced attorney can use this high
evidentiary standard to the benefit of a person charged with a minor BAC.

If the event of an arrest, you’ll need to seek out a specialist in bail bonds.

December 27, 2011

The difference between a UBAC/UBAL charge, and an OWI charge

What’s the difference between a UBAC/UBAL charge, and an OWI charge – or is there no significant difference?

 

Michigan Vehicle Code section 257.625 specifies penalties for operating a vehicle “while under the influence of intoxicating or alcoholic liquor or a controlled substance, or a combination of intoxicating or alcoholic liquor and a controlled substance, or while visibly impaired, or with bodily alcohol content.” However, if one is not a lawyer, it can be difficult to figure out if all those criteria carry similar penalties, or if one is graver than the other.

The basic answer is that a UBAC/UBAL charge, and an OWI charge are simply two different ways that the prosecutor can convict you of driving while under the influence. Technically, an OWI is defined as when the consumption of an alcoholic beverage may affect one’s ability to drive. UBAC/UBAL, is defined as when a person operates a vehicle, and had .08 BAC or higher, regardless of whether it appears to have lead to unsafe or reckless driving behavior.

Proof of the interchangeability of the two charges is that the penalties for both are identical. However, it is important to note that the nature of the two charges are different enough from one another that distinct defenses can be mounted to combat them. For instance, a UBAC/UBAL charge presumes that a .08 blood alcohol level indicates intoxication; however, there are various other elements to the equation (e.g., a person’s unique internal body chemistry, medications) that can affect this figure. So, a defense attorney can look for evidence that a .08 BAC may be the mark of intoxication for some people, but not for a particular client. This type of defense would be less well-suited for an OWI charge.

Please click the links for more information on combating Michigan UBAC/UBAL and Michigan OWI charges.

December 21, 2011

Fixing Michigan’s Infrastructure

An editorial in the Lansing State Journal argued today that Michigan’s infrastructure is on the verge of becoming dangerously badly-maintained.

Aside from dramatic and deadly failures such as bridge collapses, roads in bad condition can take an extra toll on individuals and businesses in car maintenance fees, causing increases in costs to their customers as well.

The editorial supports a proposal by the state government significantly increasing infrastructure investment by a $10 per month increase in car registration fees. While this is an unwelcome burden on Michigan drivers, it will eventually pay off in improved driving conditions, which is a good thing for everyone.

If you live in the state and need representation by a Michigan DUI lawyer, give us a call!

November 8, 2011

Smart Phone Apps that Warn Drivers of DUI Checkpoints

Google and Apple are under increasing scrutiny after RIM, maker of blackberry devices, removed applications from its devices that could be used to warn drivers about DUI checkpoints. That was back in March.

Now Google and Apple, who together manage mobile application “stores” for 85% of the mobile app market, face similar pressure.

The argument will probably turn on whether popular applications like Trapster are determined to facilitate illegal activity or if they are legitimate social networking applications that also aggregate information already broadcast by law enforcement.

I can’t help but notice that this is a discussion about whether drunk drivers should be able to research DUI checkpoints on their phone or tablet while they are driving. Seems we might have the solution right there.

May 11, 2011

Detroit Reacts to Latest Census Numbers

The latest census numbers are in for Detroit and they’re not good–but the response is. The mayor of Detroit Dave Bing has pledged to fight the numbers. The census reported that Detroit’s population had shrunk 25%, down to 713,777. But Detroit suffered from similar low numbers in 2000, prompted the city to challenge the count and 50,000 more residents were added. Bing foresees similar results in 2010. He claims censuses do a poor job of accounting for citizens in urban locations such as Detroit. At stake in the census count is the amount of funds Detroit is slated to receive from the government, at a tune of $10,000 per person.

But the fact of the matter is that Detroit’s population is down and the great city is taking steps to buck the trend. To combat this Bing has started the “Detroit Works Project.” The goal of the project is to reshape the city by removing blighted homes and attract more residents into recovering neighborhoods.

To help with this Bank of America officials have pledged to donate 10 refurbished vacant homes for police officers who move to the city, while also demolishing 100 abandoned homes. Times are difficult in Detroit and it will take a lot of work to get the city back on track. But as long as people, businesses and government continue to work together things will get better.

And speaking of getting better, remember that if you need help with a Michigan OWI don’t hestitate to contact Joseph Awad at (877) 692-7463.

2 Comments March 25, 2011

The ATPA’s List of Most Stolen Vehicles in Michigan

The Automobile Theft Prevention Authority, or the ATPA, is a association that assesses and analyzes car theft in order to prevent it. They establish plans for financial support to combat car thefts and grants for theft prevention teams. By their own accounts they’ve helped significantly reduce vehicle theft in Michigan. The Michigan chapter also compiles a list of Michigan’s most stolen vehicles. Here are the top three from 2010.

2000 Dodge truck
1998 Dodge truck
1999 Dodge truck

See the pattern? And car thieves’ favorite colors are black, white and blue. Knowing whether or not you’re at risk can help you prevent potential theft of property. You can view the entire list here and find out more interesting facts, like what day of the week thieves prefer to steal their cars.

And whenever you venture out on the road, we advise drivers never to drive impaired but if you should need an expert Michigan OWI attorney, call immediately.

1 Comment March 4, 2011

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