Articles Posted in DUI/OWI/DWI

The future is not that far away and self-driving or autonomous cars may one day be the norm. Tesla has already created a self-driving car. Recently in California, a driver was cited for a DUI when he was arrested in his Tesla self-driving car.

What Does ‘Operating’ in Operating While Intoxicated Mean?

The answer to this question hinges on the definition ‘operating’ in operating while intoxicated. To be convicted of OWI you must be operating the vehicle. The word ‘operating’ is defined as driving or actual physical control of a vehicle.

We all know what driving means. The definition of the phrase ‘actual physical control’ is more broad than just driving and is a question of fact.

A drinking and driving offense that occurs within seven years of a prior drinking and driving conviction will be charged as an OWI-second offense, which comes with harsher penalties than a first-time OWI.

The type of charge the second time around doesn’t matter – whether it is operating while intoxicated, operating while visibly impaired, or operating with the presence of a controlled substance. These three charges result in the same sanctions as a second-offense charge.

What is the Penalty for OWI-Second Offense?

A second-offense OWI conviction comes with a mandatory minimum five days in jail. There are some judges who will impose more jail time than the minimum. There are also some judges who will skirt the law and not impose the 5 days, though there’s not many. The maximum punishment for a conviction is up to 1 year in jail.

We can tell where drivers were arrested for operating while intoxicated by looking at the arrest statistics by police departments. Below is a breakdown of the arrest statistics by police departments in Washtenaw County for 2017.

Many of the Washtenaw County Sheriff’s Department arrests will be in Ypsilanti Township, as the department patrols the township. The Sheriff can also of course patrol other areas throughout Washtenaw County. The Michigan State Police arrest many drivers mainly on the highways in Washtenaw County, as that is where the MSP is charged with patrolling. With a post in Brighton, there are many arrests by the MSP that will be in the western part of the county. These cases are usually charged in the 14A-3 District Court in Chelsea or the 14A-4 District Court in Saline.

The Sheriff’s Department made the highest number of OWI arrests at 313, with MSP troopers making the second highest number of arrests at 188. Ann Arbor PD came in 3rd place with 139 arrests.

Each year we can see the driving under the influence statistics for the state of Michigan. Below is a list of the top 20 counties for DUI arrests and how many arrests were made in 2017.

Arrests by County

• Oakland                   4,390
• Wayne                      4,283
• Macomb                   2,188
• Kent                          1,748
• Gennesee                 1,038
• Washtenaw              887
• Ingham                     871
• Ottawa                      807
• Allegan                      732
• Jackson                     717
• Kalamazoo               703
• Livingston                684
• Berrien                     666
• Saginaw                    548
• Muskegon                546
• Calhoun                    503
• Isabella                    468
• Saint Clair                464
• Bay                            445
• Monroe                    444

ArborYpsi Law Focuses on DUI Law

We focus on DUI law. We are not interested in doing the bare minimum. Call us to see what we can do. We will fight for you.

Free Initial Consulation

Any potential client is welcome to our office for a free initial consultation. We can spend up to a half hour discussing the law, your options, my qualifications as a lawyer, and whether we are a good fit for attorney and client. No obligation to come into the office. Call us anytime at 734-883-9584.

DUI cases involving DFE use are common. Read below to learn about DFE and operating while intoxicated.

What is DFE?

DFE is shorthand for the chemical 1,1-difluoroethane. Users of DFE most often find the chemical in the aerosol spray Dust-Off, which is a product used for cleaning electronic equipment such as keyboards and computers.

What Are The Effects of DFE?

DFE use can provide a short but intense euphoria. Side-effects of DFE use include disorientation, dizziness, loss of motor control, memory loss, and loss of consciousness. These side-effects could impair a person’s ability to drive.

In Michigan, you can be charged with operating while intoxicated from huffing inhalants, which the use of solvent chemicals (glues, paints, gasses, etc.) to get high. This article discusses fighting OWIs involving inhalant use.

What is Huffing?

Huffing is the inhalation of a solvent chemical to become intoxicated. These chemicals can be found in products such as paints, glues, and gasses. The chemicals are otherwise legal – it’s the use of the chemicals that is illegal. Furthermore, driving while under the influence of the chemicals is a violation of the operating while intoxicated laws. These chemicals are considered an “intoxicating substance.”

Inhalants are one of seven categories of drugs that Drug Recognition Experts look for in a driving under the influence evaluation.

This article discusses the effects and signs of inhalant drug use.

Inhalants are a category of substances that have little in common except they are all inhaled. Inhalants include paints, gasses, glues, Nitrites and Nitrous Oxide.

DUI charges may seem impossible to fight because the evidence appears based on science and numbers.

This couldn’t be further from the truth. The reality is DUI cases have more grounds on which to fight than many other types of cases.

In addition, fighting DUI charges is more common now for two reasons.

After a DUI arrest most people want to know what penalties they face.

Am I going to Jail?

You are not likely going to jail for the standard first-offense DUI conviction.

The most likely sentence will involve;

Stimulants are one of seven categories of drugs that Drug Recognition Experts look for in a driving under the influence evaluation. This article discusses the effects and signs of stimulant drug use.

The stimulant drugs include cocaine, methamphetamine, and amphetamines.

Drug Recognition Experts are officers trained to determine if a driver is impaired by drugs. The Drug Recognition Expert (DRE) looks for signs of drug use and impairment and then makes a guess about which type of drug a person may have used.