Articles Posted in DUI/OWI/DWI

We often refer to a drinking and driving charge as a DUI, which stands for driving under the influence. The standard drinking and driving charge in Michigan is actually called operating while intoxicated.

The key difference is the “driving” v. “operating” language. The courts have defined operating as more broad than just driving.

Operating Defined

Operating means driving or having actual physical control over the vehicle. The term ‘actual physical control’ is much more broad than simply driving. Actual physical control could occur even where the car has not moved at all, as at least one court of appeals has found.

Cannabinoids 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 cannabinoid drug use.

The cannabinoid drugs include marijuana, hashish, and oils.

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.

We represented a client that was was charged with the drinking and driving charge of Operating While Intoxicated (OWI). What was strange is it happened over 2.5 years after he was arrested for the driving! Find out more about the current OWI Michigan laws from the Secretary of State here.

OWI Case Dismissed Due to Excessive Delay

There was no valid reason for the delay. One out of a thousand cases simply slip through the cracks. Nevertheless, it wouldn’t be fair to the client who has moved on with his life after an arrest to start the process so long after he believed he would not be charged with a crime.

We filed a motion to dismiss based on the excessive pre-charge delay. In Michigan, a judge may dismiss a charge against a defendant where a substantial pre-charge delay prejudices the defendant’s right to a fair trial.

The Minnesota Supreme Court in State of Minnesota v. Chantel Lynn Carson overturned three convictions of driving while intoxicated by a woman who was arrested for driving while high from inhalant use.

Ms. Chantel Lynn Carson was arrested on three separate occasions and charged with the Minnesota crime of DWI-third degree operating a motor vehicle under the influence of a hazardous substance.

Ms. Carson had been using an inhalant called DFE. DFE is found in the propellant brand Dust-Off, which is used to clean electronic equipment. Scientifically speaking, DFE is the chemical 1,1-difluoroethane.

In the case of People v. Woodard, the defendant argued that her withdrawn consent after an OWI blood draw meant the Michigan State Police could not analyze her blood without a warrant. The Court of Appeals did not agree.

What Happened in People v. Woodard

Ms. Woodard was charged with Operating While Intoxicated-third offense and Driving with a Suspended or Revoked License.

A police officer pulled Ms. Woodard over for technical license plate violations. However, when the officer approached the car, he believed Ms. Woodard to be intoxicated based on her appearance of bloodshot and watery eyes, unsteadiness, and smell of intoxicants.

In Commonwealth of Pennsylvania v. Danielle Nicole Packer, Ms. Packer was convicted of third-degree murder after she drove under the influence of the inhalant DFE and caused an accident killing another driver.

The Supreme Court of Pennsylvania took up her case to decide whether huffing the inhalant DFE before driving is such a high risk that it justifies a murder charge.

Facts of the Case

Packer purchased the aerosol Dust-Off, which contains the chemical DFE which people huff to get high. Once in the car, Packer inhaled the DFE two to three times, in five-to-ten second bursts each time. While stopped at a red light, she took two additional two-second bursts from the Dust-Off can.

We recently had a Client arrested for drinking and driving and given what’s called an Implied Consent Suspension – which would have suspended his driver’s license for one year.

Our Client had been involved in a serious car accident in which his car was totaled.

The police claimed our Client unreasonably refused to take a breath or blood test for alcohol when requested.

Hallucinogenic drugs 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 hallucinogenic drug use.

The hallucinogenic drugs include LSD, Mushrooms, Peyote, and Mescaline.

Depressants 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 depressant drug use.

The depressant drugs include barbiturates, tranquilizers, and methaqualone.

At Arbor Ypsi Law, one of the services we provide is help with drivers license restoration. After too many drinking and driving convictions, a person can lose the driver’s license. This is called a revocation. You may only apply for a driver’s license after one year from the date of losing it. In addition, you may only apply for the license once a year. This raises the stakes for how you proceed with the process.

Getting Your License Back

The first step to getting your license back is to make sure you are ready. Have you had enough sobriety time under your belt to qualify? Even if you have the requisite amount of time, is that still sufficient for the Secretary of State? A sobriety date of a year and a day might not impress a hearing officer where that is measured against 15 years of hard drinking. Sometimes it is best to wait until there is a more solid sobriety date.

However, there are times when going in for a hearing to make a record for the next hearing may be necessary. This is especially true if we suspect it will be unlikely you may get your license back at the earliest possible date (though it never hurts to try if you’ve been putting in the work on sobriety).