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You may be eligible for restoration of your license if it has been revoked for multiple DUI offenses or for a felony involving the use of motor vehicle!

2017 has been a another year of victories for ABDO LAW clients that have had hearings before the the Driver License Appeal Division (DLAD). This year alone we have won 80 – 90% of our cases (we are still waiting on some results) on behalf of clients whose driver’s license was revoked for multiple DUI cases or for conviction of a felony driving offense (DUI causing injury or death). Losing your license can be a very embarrassing and demoralizing process. You either have to inconvenience others for rides, or risk driving with a suspended or revoked license and getting hit with a DWLS. With a DWLS conviction, you face jail and have to wait at least another year until you can get your license back. Oftentimes, people who have had their license revoked find themselves unable to find work or advance in a career. Other times, it is just a stinging reminder of a person’s past they are working hard to forget. We truly understand and identify with these concerns; we discuss them with our license clients every day. Our Firm specializes in and excels at license cases, it is a special area in our law practice where we can actually make our clients’ lives better. There is nothing more rewarding than to bring the process full circle by helping a client restore their full driving privileges.

We will give you advice to improve your license restoration appeal

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Part 1: Introduction to felony representation.

Part 2: Criminal investigations, plea bargaining and actual case results based upon local practices and our extensive experience handling criminal matters in the Macomb County courts.

Part 3: We explain the terminology and proceedings associated with the criminal process to better inform the public of this process and their rights. Our publications are based upon more than 40 years of experience handling criminal matters in every Metro-Detroit court (Macomb, Oakland, Wayne and St. Clair Counties).

The Difference Between Misdemeanors and Felonies

A felony is defined as an criminal offense that can carry more than one (1) year in prison, up to a maximum of life in prison. A misdemeanor is defined as a criminal offense that carry not more than one (1) year in jail. Under Michigan laws, but not in the federal system, certain offenses are classified as “high court misdemeanors” that can carry up to two (2) years imprisonment. While it sounds better to say that an offense is classified as a high court misdemeanor, it is treated as a felony under federal law because the maximum sentence is greater than 1 year in jail.

Being guilty doesn’t mean that you will be found guilty.

A felony conviction serious business. A US citizen convicted of a felony will lose various rights including the right to possess a firearm. A non-US citizen will face deportation upon being convicted of a felony. Many of our clients charged with a felony regretfully engaged in a one-time indiscretion or may have a prior criminal record.  Those charged with a felony want to AVOID A FELONY CONVICTION & AVOID JAIL. A Based upon our experience, a felony record and jail is unlikely even if you are charged with any of the following offenses:

  • Embezzlement: taking money or property from an employer.
  • Stalking, Domestic Violence: Engaging in inappropriate conduct with another person.
  • Larceny: Taking the property from in the amount of $1,000.00 or more.
  • Home Invasion: Entering into the dwelling of another with an illegal intent.
  • Bomb Threat: Making a bomb threat, even though you do not intend to carry out the threat, is a felony.
  • Using a Computer to Commit a Crime: Many crimes may concurrently involve the use of a computer such as stalking or financial crimes.
  • Malicious Destruction: Intentionally damaging the property of another can constitute a felony.
  • Felony Drug Possession: Possession of Schedule 1 drugs, analogues, ecstasy, methamphetamine constitutes a felony.
  • Maintaining a Drug House: It is a felony to keep illegal drugs in your home or vehicle.
  • Uttering & Publishing: Presenting a check to a bank that is bogus or not your property can constitute a felony punishable by up to 14 years in prison.
  • Receiving Stolen Property: Being an innocent stolen property.
  • Assault with a Deadly Weapon: Raising an object during an argument (assault with a deadly weapon).
  • Possession of Child Porn: Accidental or intentional downloading of inappropriate images.
  • CSC 4th Degree: Inappropriate physical contact with another can constitute a sex crime.
  • Drunk Driving Felony: It is a felony if a person is conviction of 3 (or more) offenses for operating while intoxicated or impaired during his or her lifetime.
  • Fleeing and Eluding: Failing to stop when signaled by a police officer to do so.
  • Resisting and Obstructing: Resisting a lawful arrest or failing to comply with a demand by the police.
  • Strangulation: Engaging in a struggle with another and doing an act that “impedes normal breathing” can constitute a felony known as “Assault by Strangulation” punishable by up to 10 years in prison.

A felony is never as bad as you think. Our clients ask us how it is even possible to get a felony dismissed, or reduced to a petty misdemeanor offense, even when the client is otherwise guilty. Most felonies can be entirely resolved without jail and without getting hit with the harsh consequences of a felony record. Contacting a local skilled Macomb County criminal defense lawyer that knows how the prosecutor and how the court system treats individuals facing felony charges should be your first step. We hope you will find this multi part series informative and helpful. The information that we have compiled is based upon our representation of more than 10,000 clients over a period of more than 40 years.

 

Clients Charged with Felonies Rarely Fit the Profile of a “Felon” or Criminal

Misunderstandings, false accusations and unintended conduct can lead to serious felony charges. In addition, ignorance of law is not a defense in a criminal prosecution. For example, we have represented clients charged with felonies in all of the following scenarios:

Any felony offense is a serious matter. However, most of our clients finding themselves charged with a felony do not fit the profile of a criminal and have not engaged in extreme or outrageous conduct. In fact, in our publication which covers the topic of Michigan’s most frequently charged felonies, we explain that marginal conduct, such as being in possession of drug residue which not capable of being used or measured, can result in serious felony charges that can lead to a conviction! If you find yourself in this predicament, do not waste time thinking that you can handle it yourself. Saying the wrong thing to a detective may put you in a worse position without you even knowing that you did so. Fortunately, a skilled criminal defense lawyer can manage most of the above mentioned matters where a felony does not go on your record, jail is not imposed and in some cases get the charge dismissed under special provisions of Michigan law (HYTA for youthful offenders, MCL 333.7411 for first time possession of drugs, MCL 771.1 delayed sentence). Deals under these provisions can be limited based upon the age of the offender and/or the past criminal history of the offender. However, a past criminal history does not automatically rule out a favorble plea bargain in the criminal justice system. A consultation with an attorney is often necessary to find the right strategy for each person and each unique case.

Hiring a Lawyer Does Not Make You Look Guilty!!

Contrary to what the police might suggest to you if you are being accused of a crime; hiring a lawyer does not make you look guilty. Putting the shoe on the other foot, if a cop were facing criminal accusations, you can bet that he or she would “lawyer up” faster than the speed of light. 

An experienced criminal defense lawyer is able to explain the court proceedings and set realistic goals and provide a fairly accurate prediction regarding the outcome of the case. Getting a local attorney within the county where the offense occurred is a good start. Local attorneys with experience that know the courts, the prosecutors and the police are the best fit to give predictions regarding the outcome of a criminal case and answer questions such as:

  • Is jail a possibility?
  • Can a felony record be avoided?
  • Can the felony be reduced to a lower offense or misdemeanor?
  • What terms of probation is the judge likely to impose?
  • Will I have a criminal record?
  • Should I cooperate with the police (aka: snitch, act as an informant)?
  • Do I have to talk to the police if I am contacted by the police?
  • Do I have to take a polygraph (especially when it comes to sex crimes)?
  • How much will an attorney cost?
  • How bad is it for someone with a prior criminal record?
  • What can happen if there is a warrant for my arrest?
  • How much will bond cost?
  • What is involved if the case goes to trial?
  • Can the case be dismissed completely?

Cooperation, Police Interviews: Don’t be fooled into thinking that you have all of the answers to these questions because your best friend is taking a criminal justice class or because you have a friend that is  police officer. Each case and client is unique and the answers to these questions depend upon the individual circumstances involved. For example, we are generally against cooperation (becoming an informant) when a client is not comfortable doing undercover work or can otherwise get a good deal in the court system with an attorney standing up for his rights. An experienced criminal defense lawyer can also make recommendations regarding interviews with the police and polygraph examinations. Interviews with the police are a potential trap when one is not well prepared. In most cases, the police expect the accused party to deny the allegations.  The police will use the interview for other purposes such as: establish relationships, place the accused at the crime scene, establish motives and size up the accused’s credibility.

Some Tips When You Hire a Criminal Defense Lawyer

Hiring a lawyer is not something that anyone wants to do. WE KNOW that choosing a lawyer can be overwhelming and bewildering. Here are a few practical tips that can lead to a prudent decision in hiring a qualified lawyer:

  • Does the lawyer specialize in criminal law? I would say that this is the number 1 criteria in hiring a criminal lawyer. The legal profession has moved away from the days when attorneys held themselves out to the public as “general practitioners”.  An attorney that splits his time handling practice areas outside of criminal law is rarely a good fit. Specialties exist in every area of the law such as estate planning, family law real estate and personal injury. There are hundreds of laws on the books just in the area of drunk driving alone and several thousands more covering other major practice areas.
  • How much will it cost to hire a lawyer for criminal case? Lawyers have several ways that they charge for their services. We have adopted a fixed flat fee policy to handle just about every type of criminal, drunk driving and traffic case. The fixed flat fee arrangement means that an exact cost is charged for legal services thus eliminating the mystery associated with hourly rates and other vague fee agreements.  Hourly rates on the other hand can be intimidating especially when an attorney cannot give a prediction or estimate as to how much time/hours the entire case will entail. In addition, attorneys that bill on an hourly basis do so for every phone call, text message, email and while they are driving to court and waiting in courtroom for the case to be called. Attorney fees will also depend upon the prior criminal history of the client, the seriousness of the offense, the time and labor required, the novelty and difficulty of the questions involved, the skill requisite to perform the legal service properly, the likelihood that the acceptance of the particular employment will preclude other employment by the lawyer, the time limitations imposed by the client or by the circumstances and the experience, reputation, and ability of the lawyer or lawyers performing the services.
  • Who is responsible for out of pocket costs and expenses associated with my case? Sometimes it is necessary to employ outside resources/services to assist in the defense of a criminal case.  The costs or expenses that are paid to outside parties for their services are referred to as out of pocket costs. Out of pocket costs are always the responsibility of the client and all attorneys will seek reimbursement for out of pocket costs.
  • Should I get a court appointed lawyer? The Bill of Rights includes the 6th Amendment which affords an individual facing criminal charges with the right to counsel even for those who cannot afford an attorney. Should you be charged with a crime and unable to afford an attorney, the court will appoint an attorney to provide representation. You do not get to choose your court appointed attorney.

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Part 1: Introduction to felony representation and considerations when hiring a lawyer if you are accused, charged or arrested for a felony (or any other criminal matter).

Part 2: Criminal investigations, plea bargaining and actual case results based upon local practices and our extensive experience handling criminal matters in the Macomb County courts.

Part 3: We explain the terminology and proceedings associated with the criminal process to better inform the public of this process and their rights. Our publications are based upon more than 40 years of experience handling criminal matters in every Metro-Detroit court (Macomb, Oakland, Wayne and St. Clair Counties).

This is Part 2 in our Felony Representation series. The outcome of a felony is dependent upon a number of variables. The local practices of the prosecutor and the  judge are a few of those variables. For example, our criminal caseload is comprised of matters (misdemeanors and felonies) which arise in the Metro-Detroit (Macomb, Oakland, Wayne and St. Clair) with the majority of cases in the following Macomb County courts:

Macomb County District Courts:

  • 37th District: (Warren, Centerline) 8300 Common Rd, Warren, MI 48093
  • 38th District: (Eastpointe) 16101 E 9 Mile Rd, Eastpointe, MI 48021
  • 39th District: (Roseville, Fraser) 29733 Gratiot Ave, Roseville, MI 48066
  • 40th District: (St. Clair Shores) 27701 Jefferson Ave, St Clair Shores, MI 48081
  • 41-A District: (Sterling Heights) 40111 Dodge Park Road, Sterling Heights, MI 48313
  • 41-A District: (Shelby Township, Macomb Township, Utica) 51660 Van Dyke, Shelby Charter Township, MI 48316
  • 41-B District: (Harrison Township, Clinton Township, Mt. Clemens) 22380 Starks Drive, Clinton Township, MI 48038
  • 42-1 District: (Romeo, Washington Township, Richmond, Ray, Bruce, Armada)  14713 33 Mile, Romeo, MI 48065
  • 42-2 District: (New Baltimore, Chesterfield Township, Lenox, New Haven) 35071 23 Mile Rd, New Baltimore, MI 48047

Almost anyone charged with a felony is mostly concerned about their criminal record and the possibility of jail time. First of all, let me say that a felony conviction does not automatically mean jail time. In fact, most felony crimes can be managed where the person will be placed on probation and not placed in jail. This is especially true for offenders who do not have any prior criminal record. There is even hope for those with a prior criminal history to get plea bargains and avoid jail. In addition, we have had a high success rate in getting felony cases resolved where there is no felony record by getting the charges reduced to misdemeanors or dismissed under special provisions of Michigan laws.

Felony Procedure: Cases begin with an investigation

An investigation may be instituted with the police which later results in a felony warrant. A warrant may be issued without you knowing it or you may be arrested for a crime that is reported or witnessed by the police. If you are being accused of crime or the subject of an investigation, GET A LAWYER. An arrest on the other hand is not usually planned so having a lawyer at the moment you are arrested is not probable. However, GETTING A LAWYER as soon as you are able to do so is essential.

Plea Bargaining: Good or bad?

Plea bargaining (negotiating a plea agreement) is a process that occurs in criminal cases between the defense attorney and the prosecutor whereby an agreement is made to amend/lower/dismiss the charges.   The defense attorney’s goal in plea bargaining is to get the charges lowered as much as possible and for leniency in the court system.

Plea bargaining can occur during a criminal investigation, or at any time after criminal charges are instituted in the court system. It can also occur during trial proceedings or at any time before a jury returns a verdict.

Not just in Michigan, but in every court in the United States, resolution of criminal cases is dominated by plea bargaining. The United States Justice Department estimates that 90% or more of all criminal cases are resolved by plea bargaining. Based upon our experience, this holds true for the criminal cases that are handled in the Macomb County courts.

So is plea bargaining good or bad? Plea bargaining has many advantages that can lead to favorable disposition of a criminal case and avoid exposure to a guilty verdict on the original charges. Plea bargaining can depend on the policy of the prosecutor and the effectiveness and skill of a well prepared criminal defense lawyer that knows the system. Plea bargaining can be used as vital defense tool at any stage of the criminal proceedings to:

  • Obtain sentencing under a special provision of law where a dismissal is eventually granted.
  • Avoid a felony conviction by reducing a felony a misdemeanor.
  • Have multiple charges dismissed or consolidated into  single charge.
  • Get a felony lowered to escape sentencing under higher felony sentence guidelines.
  • Obtain an agreement that other possible criminal investigations will not result in prosecution.
  • Avoid a crime that results in loss of driver’s license.
  • Avoid conviction to a crime that carries a mandatory jail sentence.
  • Avoid conviction to a crime that requires Sex Offender Registration.
  • Retain rights to own or possess firearms by avoiding a felony conviction.

Here are some examples of cases that our firm has handled that resulted in a favorable plea bargain or a dismissal in the early stage of criminal proceedings:

  • Sterling Heights/Embezzlement: Our client had authority to handle her friend’s financial affairs. The friend died and his family members were seeking criminal charges against her for larceny and/or embezzlement as a trustee. However, our firm spoke with the detective regarding her relationship and explained that she had authority to pay bills and have access to the finances of her friend. Criminal charges were not filed.
  • Roseville/False Pretenses: A landlord contacted our office about a possible criminal charge of “false pretenses” being investigated by the Macomb County Prosecutor’s Office. Apparently, the landlord took a deposit on a rental property but rented out the property to another person. Although there were many misunderstandings in this case, our recommendation to our client was to provide a total refund of the deposit to avoid a felony charge, legal fees and potential guilty verdict. Criminal charges were not filed.
  • Shelby Township/Home Invasion: An exceptional result was achieved for our client who was charged with home invasion in the 41-A District Court. Since this case involved a victim of a crime, our client needed to show appropriate remorse. In addition, we were able to make full restitution to the victim for before the Court date. The felony charge was reduced to a misdemeanor which will be dismissed if our client stays out of trouble for one (1) year.
  • Clinton Township/Felony Drunk Driving: Our client was charged with felony drunk driving (3rd offense). In 2010, we were able to reduce the drunk driving felony, which could carry a maximum of 5 years in prison, to a misdemeanor offense in the 41-B District Court with no jail. The Court was impressed with the fact that our client was proactive by attending a substance abuse counseling program and several AA meetings.
  • Clinton Township/CSC 4th Degree: Our client admitted to inappropriate touching of a female friend. He made a confession to the police (without a lawyer) which resulted in criminal charges. He told the police that he thought he had consent from the victim. Our firm held the preliminary examination and introduced evidence which persuaded the prosecutor to reduce the sex crime to simple misdemeanor assault and battery before trial.
  • Macomb Juvenile/False Threat of Terrorism: We have handled several cases involving false threats of terrorism. In 2018, we were able to have 2 of our cases handled on the “consent calendar” which will result in a dismissal and NO record after a period of probation. In getting the prosecutor’s approval, we submitted numerous character letters beforehand. We also had our clients obtain a psychological evaluation to rule out any propensity for violent or predatory conduct.
  • Warren/Resisting Police: In 2011, our client was charged with resisting and obstructing after he consumed various drugs and was confronted by the police. On the date of the preliminary examination in the 37th District Court, we negotiated a reduction of the felony to a misdemeanor, attempt fleeing and eluding. The court agreed to delay the sentence and dismiss the offense if the person complies with the terms of his probation which include random drug testing.
  • St. Clair Shores/Tampering with Evidence: Our client was a precious metals dealer who was charged with tampering with evidence, a felony which can carry up to 4 years in prison. The prosecutor’s case, along with our possible defenses, had some weakness. We eventually negotiated a misdemeanor plea in the 40th District Court with no probation; thereby meeting our client’s goal to avoid a felony conviction.

Plea bargaining is not without its critics and flaws. Those that are impoverished or cannot afford trial are especially vulnerable to accepting a plea bargain. In addition, plea bargaining favors the prosecutor in cases where the prosecutor engages in overcharging and offers to dismiss charges in exchange for a guilty plea to others. Similarly, prosecutors may threaten to raise the charge to one that carries a higher penalty should a defendant not enter into  a plea bargain. Unfortunately, we have seen all of these abuses occur in the criminal justice system. But for the most part, plea bargaining remains an excellent tool in the arsenal of defense attorneys that know how to utilize the process in favor of their clients.

Probable Cause Conference

 

 

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Part 1: Introduction to felony representation and considerations when hiring a lawyer if you are accused, charged or arrested for a felony (or any other criminal matter).

Part 2: Criminal investigations, plea bargaining and actual case results based upon local practices and our extensive experience handling criminal matters in the Macomb County courts.

Part 3: We explain the terminology and proceedings associated with the criminal process to better inform the public of this process and their rights. Our publications are based upon more than 40 years of experience handling criminal matters in every Metro-Detroit court (Macomb, Oakland, Wayne and St. Clair Counties).

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A Qualified DUI Lawyer Should Know the Law and the Science

Qualified DUI lawyers know the laws and the science that can make the difference in the defense of a DUI case. On the legal side, there are hundreds of complex laws, administrative rules, rules of evidence and trial procedure that are involved in the defense of a DUI case. An understanding of the science requires a working knowledge of alcohol and drug interaction with the body.

In this publication, we key in on aspects of the law and the science that comes into play with respect to DUI testing.

Michigan’s Implied Consent Law: Testing for drugs or alcohol if suspected of operating under the influence

Under Michigan’s Implied Consent Law, all persons with a Michigan driver’s license are considered to have given their consent to submit to testing upon the request of a law enforcement officer. Blood, breath or urine chemical tests are utilized to determine blood alcohol content (BAC) or the presence of drugs. Positive test results for illegal drugs, marijuana and prescribed medications are all fair game to support a charge of “operating under the influence of drugs” or “operating while impaired”.  Commonly, the police utilize the breathalyzer to determine a person’s BAC. If a person is extremely inebriated or incapacitated, a blood draw at a medical facility is often utilized and also to allow for medical treatment and detoxification if deemed necessary.

Michigan’s Implied Consent Law pertains to the chemical test offered by the police when you are arrested for a drinking or drugged while driving offense, such as:

  • Zero Tolerance for those Under Age 21 Operating with a BAC of .02 – .07
  • Operating while Intoxicated (OWI), BAC .08 or more
  • Operating with a High Blood Alcohol Content – BAC .17 or more (Super DUI)
  • Operating with any Presence of Drugs (OWPD) (cocaine, heroin, marijuana)
  • Operating Under the Influence of Other Drugs, including prescribed medications
  • Operating while Impaired

Michigan Drunk Driving Laws make the offenses of Zero tolerance (.02-.07), OWI (.08 or more) and Operating with a High BAC (.17 or more) presumptive crimes whereby intoxication is presumed based solely upon blood alcohol content, regardless of actual intoxication.

Search Warrant for Blood Test: If you refuse the chemical test offered by the police, the police may obtain a search warrant for a blood test. If a search warrant for blood is approved, you will be transported to a facility, such as a hospital, for a blood draw by a qualified person.

Your Right to a Second Test: If you take the test offered by the police, you are entitled to request a second test of your own choosing and expense. This right to a second test of your choice is forfeited if you have refused the test offered by the police. In some cases, a second test may be used as evidence to refute the first test obtained by law enforcement officers.

Sanctions for Refusal: If you refuse a test, six (6) points will be added to your driver record license will be suspended for one year. A suspension of a license, or non-resident operating privilege, is automatic for any refusal to submit to the test. This is a separate consequence from any subsequent convictions resulting from the traffic stop or drinking and driving charge. If you are arrested a second time in seven (7) years and again unreasonably refuse the test, six (6) points will be added to your driver record and your license will be suspended for two years. If you refuse to take the test under the Michigan Implied Consent Law, or if the test shows your BAC is 0.08 or more (Operating While Intoxicated) your Michigan driver’s license will be destroyed by the officer and a 625g paper permit to drive will be issued until further action by the State of Michigan as to your license.

Appeal Rights: The Implied Consent suspension may be appealed to the Driver Assessment and Appeal Division (DAAD). The request for hearing must be mailed within 14 days of the date of arrest or your operator’s or chauffeur’s license and vehicle group designation or operating privilege will be automatically suspended without a hearing. You are entitled to have an attorney present for this hearing. However, if you lose at this hearing, you have a right to appeal a first time implied consent suspension to the circuit court where the offense occurred and request a restricted license based upon hardship and need. You may also appeal based upon the merits of the decision of the DAAD hearing officer.

The Science of Blood Alcohol Content: Consumption, Absorption and Elimination

Both math and chemistry are at play in the determination of blood alcohol content (BAC).  Alcohol consumption is the first step in the process of alcohol entering the human body.  After taking a drink, alcohol first enters the digestive system. From the digestive system, it is absorbed into the blood. The process of elimination occurs over time whereby alcohol is dissipated from the blood. Alcohol absorption and elimination are influenced by several factors including weight, sex, metabolism, medications and consumption of food. For purposes of calculating blood alcohol content (BAC), most graphs consider a standard drink to be equal to:

  • Wine: 5 ounces with 12% alcohol content
  • Beer: 12 ounces with 5% alcohol content
  • Liquor: 1.5 ounces with 40% alcohol content (80 proof)

Alcohol testing (in connection with DUI cases) is accomplished by testing the blood, breath or urine of an individual. Analysis of blood is a direct method of testing for alcohol, while breath and urine tests are indirect methods. Alcohol graphs take three (3) major factors into consideration for purposes of estimating blood alcohol content (BAC). Those factors are number of drinks (based upon the above measurements) the body weight and the gender of the individual.

Gender: In general, women have less body water than men of similar body weight, so the result is higher concentrations of alcohol in the blood after drinking. In addition, women have a higher concentration of body fat than men. Body fat does not absorb alcohol, which results in a higher concentration of alcohol in the bloodstream as well.

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Absorption: The process of alcohol being absorbed into the blood from the digestive system can occur over a period of 30 to 60 minutes but can take up to 2 hours. The recent consumption of food prior to drinking alcoholic beverages can slow down the rate of absorption. In addition, the absorption rate is faster when higher alcohol content beverages are consumed.

Elimination: Like absorption, time is the major factor which has an influence on the elimination of alcohol from the blood. The average elimination rate for most drinkers is .010 to .015 per hour. Consumption of water does not have an impact on the elimination rate of alcohol. Ninety (90%) of alcohol is broken down or eliminated by the liver. The remainder is eliminated by breath, sweat and urine.

CLICK HERE: For additional information on the topic of alcohol absorption and elimination.

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Map of Lake St. Clair, St. Clair River, Detroit River and Bordering Communities

Lake St. Clair, Detroit River, St. Clair River 

In Michigan, operating a watercraft, including a jet ski, while intoxicated or impaired is a crime. Michigan laws pertaining to Boating under the Influence (BUI) or Boating While Impaired (BWVI) are similar to drunk driving laws which pertain to operation of motor vehicles of public roads. In particular, the State of Michigan has adopted the same blood alcohol content threshold for BUI that has existed for OWI in a motor vehicle (BAC .08%). This publication will focus on Boating Under the Influence (BUI) cases that arise on Lake St. Clair and its tributaries; the St. Clair River and the Detroit River. This publication is based upon the experience of our Macomb County criminal defense attorneys handling BUI cases in all of the jurisdictions that are evident in the above map (Macomb County, St. Clair County and the Grosse Pointe Municipal Courts.

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Super Drunk Driving = Operating with a High BAC .17 or Greater 

Effective October, 31, 2010, Michigan’s “SUPER DRUNK” law went into effect.  The Super Drunk Law, now on the books for several years, is commonly referred to as ‘operating with a high BAC’ on police and court documents.  This law adds harsher penalties to drunk drivers with high blood alcohol levels of .17% or greater as follows:

  • Up to 180 days in jail.
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Blood alcohol content (BAC), Michigan State Police Statistics

Blood alcohol content (BAC) refers to the amount of alcohol which is estimated within a person’s blood as determined by a blood alcohol test.  Blood tests and breathalyzer tests are the most common methods for testing BAC. The Michigan State Police maintains statistics with respect to BAC testing, DUI convictions, average BAC levels and the number of convictions for those charged with a DUI offenses.  The statistics are further broken down for each county and each district and circuit court. In 2016, the Michigan State Police Drunk Driving Audit revealed the following statistics for those who submitted to a breath or blood test in Macomb County:

  • 2,182 tests were administered for breath or blood samples (breath tests accounted for 1,404)
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NOT GUILTY BY REASON OF SELF-DEFENSE!

Oftentimes clients call confused as to why they are being charged with domestic violence or an assault crime (assault and battery, aggravated assault, assault by strangulation, assault with a deadly weapon ) when they believe that they were acting in self-defense. A police response occurs following a report or 911 call. Once at the scene of the alleged crime, the police may take statements from one or more individuals. In most cases, it only takes the statement of a single person and no other witnesses for the police to initiate an arrest of a suspect. The police often do not take the statement of the accused party and do not always conduct a thorough investigation. In addition, the accused may have acted in self-defense which is something that the police may not fully cover in their investigation.

According to Michigan State Police statistics, there were 107,000 incidents of misdemeanor and felony assault crimes reported in 2017!

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Reckless Driving is a crime, does not require an accident of any kind and is comparable in many respects to a drunk driving

As a policy, our Firm does not use ‘scare tactics’ to get your attention.  On the contrary, our aim is to inform our website traffic visitors regarding legal topics in our areas of expertise.  In this article, we will provide information regarding the criminal traffic offense of Reckless Driving based upon our experience in the Macomb County District Courts (37th District Court in Warren, 38th District Court in Eastpointe, 39th District Court in Roseville, 40th District Court in St. Clair Shores, 41-A District Court in Sterling Heights and Shelby Township, 41-B District Court in Clinton Township, 42-1 District Court in Romeo, 42-2 District Court in New Baltimore) and explain why it is as serious (see above graph) as a drunk driving – OWI.

Reckless Driving is a six (6) point criminal offense. Six (6) points is the greatest number of points that can be assessed for any traffic or criminal violation within the Michigan Motor Vehicle Code! Other 6 point offenses include Negligent Homicide*, Leaving the Scene of Accident, and Fleeing or Eluding a Police Officer. Reckless Driving carries more points than the offenses of Operating While Visibly Impaired, Drag Racing or the civil infraction of Careless Driving.

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Contact Information
42550 Garfield Rd #104-A
Charter Twp of Clinton, MI 48038
Phone: (586) 412-5555Fax: (586) 412-5888

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