Ian A. Caldwell Criminal Law Blog

Under Michigan law, if a person is arrested for Drunk Driving Causing Injury or OWI Causing Serious Impairment of a Bodily Function, then the person will likely be facing felony charge under MCL 257.625. 

Generally speaking, a person typically must have prior drunk driving convictions or be a "repeat offender" before he or she may be charged with a felony OWI or DUI.  This concept, however, does not apply when an injury in involved.  If the injury or bodily... Read More

In Michigan, it is against the law for a person under 21years of age
to drive with “any bodily alcohol content.” Under the law, any bodily
alcohol content is defined as .02 or more and less than .08. If the
minor driver’s BAC is .08 or above, then it is likely that the minor
driver will be charged with the same offense used to charge drivers 21
and over.

The sanctions for a violation of the “Zero Tolerance” law... Read More

Under Michigan law, if a person was arrested for Operating While
Intoxicated and the  person has two prior drunk driving convictions,
then he or she will likely be facing felony drunk driving charges for
the "3rd Offense." 

Prior to 2007, this "Third" arrest, or violation, had to occur
within 10 years of the two prior offenses to be considered a felony.  Thus, "Three within Ten"
was the old... Read More

www.caldwelldefense.com.

In Michigan, there are specific alcohol/drug related driving offenses which result in a driver's license revocation upon conviction.  Usually the license revocation occurs after a person has obtained multiple drunk driving convictions within a certain time period.

After the revocation period has run, the person then becomes eligible to apply for driving privileges.  Under the application or... Read More

If a motorist is stopped by the police and ultimately arrested for OWI in Michigan, the police will usually request that the person under arrest submit to a chemical breath, blood, or urine test. 

With regard to breath tests, there are essentially two different types.  The first type is the Portable Breath Test (PBT) which is offered on the road side during the investigation.  The PBT is administered prior to the arrest and if a person refuses the to take the PBT,... Read More

In Michigan, it is a very common situation for a person to lose his or her driver's license for certain DUI related convictions.  Usually this happens when a person has two or three alcohol-driving related convictions within a certain time period.  However, depending on the circumstances of an individual case, it is also possible for a person to have his or her license revoked even if it is that person's first offense.

Regardless for the reason or length of the license... Read More

There are several terms used by people across the country to describe a "DUI".  Some of these terms include: OWI, OWVI, OVI, OUIL, DWI, OUI, and so forth.  In Michigan, the two most common actual
legal charges regarding a DUI are "OWI" (Operating While Intoxicated)
and "OWVI" (Operating While Visibly Impaired).  Both of these offenses in Michigan would fit within the general category of a "DUI" offense.

The legal... Read More

As a Michigan DUI Attorney, I have run across many cases where a person with a valid CCW (Carrying Concealed Weapon) License is arrested for drunk driving.  If the CCW License holder also has the registered gun in his possession at the time of the drunk driving arrest, then the person is generally charged with an additional misdemeanor.  This additional charge is known as "Carrying Under the Influence."

This misdemeanor charge of "CCW Under the... Read More