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Tag Archives: Arrested For DUI

Felony DUI Law Coming to Colorado?

Last year, Senate Democrats in Colorado killed a bill that would have made repeat DUI offenses a felony offense in Colorado, much to the surprise and chagrin of the proposed law’s supporters. But now a Weld County state representative is trying again, with a new bill that, if passed, would classify a charged driver’s third DUI in seven years as a class 4 felony.  A class 4 felony carries a 2-6 year prison sentence followed by a mandatory 5 year period of parole.  The ... Read More »

Colorado DUI Case on it’s way to the U.S. Supreme Court

Arapahoe County prosecutors have asked the U.S. Supreme Court to overturn a decision by a District Court judge and the Colorado Supreme Court, which found that because the officer did not try to obtain a warrant before she ordered a blood draw on Schaufele, the results may not be presented as evidence. Thirteen other states have also filed a petition asking the U.S. Supreme Court to pick up the case. If the high court takes up the case, their decision will have national ... Read More »

How a DUI/DWI Will Impact Your Travel Plans to Canada

Under current Canadian law, a DUI or DWAI conviction in Colorado (or elsewhere in the U.S.) may make you a “criminally inadmissible person.” An “inadmissible person” cannot visit or stay in Canada because they have been convicted of certain crimes in, or outside of, Canada. Despite meeting eligibility requirements, foreign individuals from any country may still be criminally inadmissible to Canada due to previous criminal conduct, or the criminal conduct of their dependents. In particular, if you are convicted of a ... Read More »

Oklahoma DUI/APC Primer

If you are charged in Oklahoma with Driving Under the Influence of Alcohol or Drugs (DUI, DUI-D) or charged with Actual Physical Control of a Motor Vehicle Under the Influence of Alcohol or Drugs (APC), there are several basic things to know. If arrested for an Oklahoma DUI or an Oklahoma APC, you can be charged with a Municipal DUI or a District Court State charge of DUI.  The choice is generally the officer if he/she is a municipal officer.  If your DUI arrest is actuated ... Read More »

Michigan Drivers Can No Longer Legally Refuse Field Sobriety Tests

If Governor Snyder signs House Enrolled Bill 5385, as expected, it will become unlawful in Michigan to refuse to submit to any sort of preliminary roadside analysis, including field sobriety testing.  The bill was presented to the Governor on October 7, 2014. As of the date of this writing, Michigan law provides that a police officer may require a driver  to submit to a preliminary chemical breath analysis if the officer has reasonable cause to believe that the person was ... Read More »

McNeely’s Impact on Colorado DUI Laws

It can’t be denied that the Supreme Court of the United States’ decision in McNeely is making an impact in Colorado, even if that impact is slight and apparent in only the rarest and most serious of cases.  This June, the Supreme Court of Colorado announced its decision in People v. Schaufele, which affirmed a trial court’s order suppressing evidence of a defendant’s involuntary, warrantless, blood draw.  In doing so, the Court found (by a plurality of three Judges) that ... Read More »

Michigan Drunk Drivers to Pay Salaries and Benefits of Judges, Prosecutors and Police Officers

A person convicted of drunk driving in Michigan will be ordered to pay both fines and costs as part of his/her punishment. The maximum fine is set by law; for example, a first offense drunk driving has a maximum fine of $500.00.  The same is not true however of the maximum costs that a Michigan drunk driver might be ordered to pay. Costs in drunk driving cases can vary considerably from court to court, and even from judge to judge ... Read More »

Back Seat Passenger Convicted of DUI in Michigan

In Michigan the crime of driving under the influence is called operating while intoxicated.  Thus, the word “operate” is substituted for “driving” and the word “influence” is substituted for “intoxicated.” While these differences may seem subtle, the practical effect of them is significant.  Both terms broaden the number of people who might potentially run afoul of the OWI laws in Michigan. Take the term “operate.” In Michigan one does not have to be behind the wheel and fully in control ... Read More »

Breathalyzer Phone Apps Shouldn’t Be Relied On!

Like all states, Michigan’s legal limit is .08.  This means that if you take a breath test, and the breath test shows .08 or more, you can be convicted on this basis alone – even if you were driving just fine. Of course the police can also test your blood or urine. Here is what the judge would tell the jury about your breath test: If you find that there were 0.08 grams or more of alcohol per 210 liters of ... Read More »

Felony Drunk Driving Now Easier to Prove for Michigan Prosecutors

Effective May 2014, Enrolled House Bill no 5154 makes significant changes to the manner in which an important legal right in felony drunk driving cases is fulfilled.  But first, some background into the felony drunk driving preliminary exam, based on an excellent article written by Cooley Law professor Lew Langham.[i] Currently, every criminal defendant charged with a felony in Michigan is entitled to a preliminary examination, also known as a probable-cause hearing. Once a prosecuting attorney brings criminal  charges against ... Read More »