The National Motorists Association estimates that there is an error rate of about 50 percent when comparing Breathalyzer results of blood alcohol content against blood tests that determine actual BAC. Many factors can affect the results, and you should be aware of them if you are ever charged with DUI. Here are some of the ways a Breathalyzer test could be compromised:
Campuses across the nation are implementing new practices to crackdown on college drinking. For example, the University of Indiana has prohibited hard liquor at fraternity parties. At the University of Michigan, student patrols are actively enforcing a ban on kegs. Stanford University has limited the size of bottles students may possess on campus.
When you are out on the road, you need to be responsible for your safety and for the safety of the motorists around you. That is the spirit and intent behind DUI laws in most states, but despite that goal, the laws have some practical problems that lead to situations where people can be charged without realizing they were acting illegally. It can also result in people believing they are fine and facing charges they should not encounter because of the problems with the resources that law enforcement has to detect impairment and to make judgments.
It is not uncommon for a person to violate a probation condition in Michigan. Probation violations often occur when a person misses or fails his/her breath or urine test, is charged with a subsequent crime, or does not pay ordered court fines and costs. If you have violated your probation terms, you may be wondering "What is going to happen to me?" Depending on the nature of the violation, you may be required to serve jail time. Retain an attorney immediately if you receive notice of violating your probation terms. You will be required to appear before a judge to admit or deny that you violated your probation.
If you receive a DUI for the first time, there are probably many thoughts and worries that go through your head about how it will affect your life. One of your biggest concerns is probably "Will I go to jail for this?"
Though first-time DUI offenders could potentially receive jail time for at least a day, there are alternatives to jail so you can avoid facing a long-term sentence.
Fall semester is the perfect time for parents to discuss the risks of alcohol abuse with their college student. The consequences of excessive alcohol use by students can be destructive and costly. Parents can use the following tips to help their college student avoid alcohol abuse. Read on to learn more.
Once you cross the 0.08 blood alcohol content line, getting behind the wheel of a car is asking for trouble. But in many states, there's another BAC line you should be aware of. In Michigan, there are especially steep penalties for drunk driving with a BAC of 0.17.
If a drunk driver falls into this "super drunk" category, the consequences can be much steeper than after a conviction with a lower BAC. Here are some potential consequences of a first offense of driving while "super drunk":
It has been 50 years since the U.S. Supreme Court ruled in Miranda v. Arizona that all criminal suspects must be advised of their rights before being questioned. The country was nowhere near as diverse as it is now, so the importance of informing individuals of their legal rights in their native language was not as much of a concern.
Today, with large Latino immigrant populations living in cities across the U.S., the notion that a person who is being arrested may not fully understand the rights being explained to him or her is more of a reality. In fact, evidence shows that Spanish-speaking defendants have been read incorrect or mistranslated versions of their rights in a number of cases throughout the U.S, which has resulted in confusion and convictions being overturned.
Most DUI cases are resolved prior to going to trial. A DUI trial is the government's opportunity to argue its case in hopes of obtaining a guilty verdict. A trial also allows the defendant the opportunity to contest the prosecutor's evidence and assert his/her own defense. At the conclusion of both sides presenting their argument, the judge or a jury will either find the defendant guilty or not guilty. Read on to learn more about Washtenaw County DUI trial overview.
In Michigan, operating a motor vehicle while intoxicated can lead to criminal penalties. For example, you can be charged with an OWI (commonly referred to as a DUI) if you drive with a blood alcohol content (BAC) above the legal limit of .08%. In addition, you can also be arrested for impaired driving if you operate a motor vehicle while under the influence of alcohol. This means you are substantially and materially affected by alcohol.