Trying to walk and turn while intoxicated can be very difficult! (And the cops know that!)
Hey there, welcome back and thanks for joining us. We’ve been talking about roadside sobriety tests here at The Kronek Firm, and what the cops will expect you to do if they pull you over for suspected drunk driving. In the previous article we looked at three commonly used roadside sobriety tests, including having you touch your nose with your eyes closed, stand on one leg without falling over, and tracking an object side to side with your eyes and without losing focus. But that’s just the tip of the iceberg – there are loads more tests cops like to do when they think you’ve had one too many. However, to be very clear, you have no obligation to agree to take those roadside sobriety tests. There are no civil and no criminal penalties for refusing to do those field sobriety tests. Now that you understand that, here are some other tests they like to use:
The officer can ask you to close your eyes and touch the tip of your nose with your finger, … but no peeking!
If you’re ever pulled over by a cop in Michigan who thinks you’ve been drinking, you’re probably going to be asked to take a roadside sobriety test. The officer may ask you a few questions, like “Have you had anything to drink this evening?” or “How many drinks did we enjoy before driving home today?” DON’T ANSWER THAT! Lawyer up. Your are not required to answer questions except the ones about your name, address, driver’s license, etc.
Drugged driving is illegal in Michigan, and any amount of THC in your system could get you into trouble.
It’s a question that seems to be coming up a lot lately – what should the state of Michigan do about potential drugged driving cases now that recreational marijuana is legal? It’s something that state officials have recognized is an issue, and they’re trying to figure out what to do about it. But is setting some kind of impairment limit, the way we did with alcohol, the right answer? One recent study says no. Before we move on, always remember that possessing marijuana is still a federal crime. Now let’s move ahead with our discussion of drugged driving here in Michigan.
Lowered BAC in Michigan would mean skyrocketing arrests for people who aren’t drunk, which would be terrible for Michigan residents.
Michigan’s Blood Alcohol Content limit has been .08 for many years. However one state Representative from Dearborn would like to change that. State Rep. Abdullah Hammoud has introduced a bill that would lower the BAC from .08 to .05, putting Michigan on a par with Utah, which is the only other state in the US with such a low BAC level.
There was a time in Michigan when a drug test for suspected drugged driving could only be done in a lab. But not anymore!
In November of 2017, the Michigan State Police launched our first ever roadside drug testing pilot program in five counties around Michigan. For about a year and a half now, in Berrien, Delta, Kent, St. Clair and Washtenaw counties, officers have been able to conduct drug tests on drivers right there on the side the road, the same way you could be breath tested for alcohol. But the pilot has come to an end, the results have been analysed, and now all of Michigan is fair game for roadside drug tests.
Texting while driving, just like eating, putting on make-up or digging through your purse can earn you a big fat ticket!
Most months on the calendar serve multiple purposes when it comes to raising awareness for certain causes. April is National Child Abuse Prevention Month, National Cancer Society Month, and National Autism Awareness Month, to name but a few. However, as drunk and drugged driving defense attorneys, we figured our clients would be stopping by for info on one very specific thing – National Distracted Driving Awareness month. So here it is.
A golf cart still counts as a motorized vehicle according to Michigan law.
In short: yes you can!
If you read the news, then you’ve probably seen half a dozen articles lately about people being arrested for driving drunk on lawn mowers, golf carts, and ATVs. It sounds strange, but it’s completely true – just because you aren’t behind the wheel of a car, or a truck, doesn’t mean you’re immune from possible drunk driving charges!
The law says ‘motorized vehicle,’ not car or truck!
When most people think about drunk driving, they tend to think of being pulled over in a car, or a truck, or even on a motorcycle. But the truth is, Michigan law doesn’t specify that the vehicle you get pulled over in has to be “average” or “whatever most people are driving these days.” The only description given is that it’s illegal to drive a ‘motorized vehicle’ under the influence of drugs or alcohol on any public roadway. That means roads in Lansing, Howell, Battle Creek, and every other place you could drive a vehicle in the Great Lakes state.
You can get pulled over by the cops and arrested for a DUI while driving:
A car, or truck
A motorcycle or an electric scooter
A commercial vehicle, like a semi-truck
A limousine
A boat
A taxi
A lawn mower
An ATV (‘All terrain vehicle’)
A golf cart
Stay home if you’re going to drink and drive… a lawn mower!
Michigan law might not spell out all the many types of motorized vehicles you can be pulled over in, but it does clearly say you can’t drive drunk on a ‘public roadway.’ That means, according to the Michigan Court of Appeals, anywhere that is “generally accessible” to other vehicles. A private driveway, by definition, is not considered to be generally accessible.
So if you want to drive your lawn mower around after you’ve had a few beers, be sure to stay home and drive it around in your own yard. Same goes for your ATV, your golf cart, and any other motorized vehicle that you own. Once you leave your own driveway, you’re fair game for the cops.
Drunk and drugged driving in Michigan are serious crimes.
Whether you live in Lansing or in Kalamazoo, in Holt or in Detroit, getting arrested for drunk driving is going to mean serious consequences. Between losing your license, forking over a ton of cash for fines and court costs, and spending time in jail, it’s no joke. That’s why you need help from the experienced DUI defense attorneys at The Kronzek Firm.
We’ve helped countless people over the decades with their drunk driving problems, from felony charges to lesser misdemeanors, and we can help you too. If you’re curious about our track record, you only have to spend a few minutes reading our reviews to see that we have a long list of very happy former clients. So if you’re facing jail time and the loss of your license for drunk driving, call 866 766 5245 (866 7No Jail) right now, and get help from the best.
We get this question a lot, because there’s actually a lot of misinformation out there on this subject. People think that because they have the right to refuse the test, that they’re making a good choice for their case, because the cops will have less evidence to take to court. In truth, that assumption is only half true (and it’s not the half you think it is!) In Michigan, you DO have the right to refuse to submit to the roadside test, but it’s NOT always a good thing for your case, and the cops aren’t necessarily going to end up with less evidence than they need. Confused? Don’t worry – we’ll break this down for you.
Whatever you call it, drunk driving is illegal in Michigan and can get you into serious trouble with the law!
We use acronyms everyday without every really knowing what they stand for. (For example, did you know that LASER: Light Amplification by Stimulated Emission of Radiation?) Which brings us to the subject we wanted to talk to you about today – drunk driving acronyms. Do you know what they mean, and which ones are relevant? Can you tell the difference between a DUI, an OWI and a BUI? No? Well, that’s what we wanted to break down for you today.
There are a few exceptions, but once a crime is on your record, its there for life!
This is a question we get asked a lot. People call The Kronzek Firm, scared because they’ve been arrested for a DUI, and they’re worried about their futures. Are they going to have to go to jail? How much is this going to cost them in fines? How many points will they get on their license (will they even get to keep their license?) And how long is this DUI going to stay on their record if they get convicted. So we’re sorry to be the bearers of bad news, but the answer to that is: for the rest of your life.
